HomeMy WebLinkAbout2016-06-21 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 21, 2016
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:13 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:25 p.m.)
VICENTE SARMIENTO, Mayor Pro Tem (5:15 p.m.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO (5:15 p.m.)
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established through presence of Councilmembers Amezcua, Benavides,
Martinez, and Reyna.
MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2- 101
due to unavailability of Mayor and Mayor Pro Tem).
MOTION: Benavides
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
SECOND: Reyna
Amezcua, Benavides, Martinez, Reyna (4)
None (0)
None (0)
Pulido, Sarmiento, Tinajero (3)
CITY COUNCIL MINUTES 1 JUNE 21, 2016
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney, that
discussion in open session of the following matters will prejudice the position of the City in existing and
anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
1. Maria Rubalcaba v. City of Santa Ana; Workers' Compensation Appeals
Board Case No. ADJ9638494 and Unassigned
2. Kimberly Cerda v. City of Santa Ana, Orange County Superior Court
Case No. 30-2015-00803814-CU-WT-CJC
3. Edgar Vargas-Arzate v. City of Santa Ana; United States District Court
Case No. SACV15-0572 DOC(JCGx)
4. 1901 First Street Owner. LLC v. Tustin Unified School District, Orange
County
Superior Court Case No.: 30-2015-00803234-CU-WM-CJC
5. City of Santa Ana v. Sycamore Parking Concepts, LLC et al., Orange
County Superior Court Case No. 30-2016-00844851
2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of
subdivision (d) of Section 54956.9 of the Government Code: (Three
Cases)
*One matter placed on the Agenda for legal update at the request of Mayor
Pulido and Mayor Pro Tern Sarmiento, pursuant to Santa Ana Charter
Section 411.
3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
1901 First Street Owner, LLC
4. THREAT TO PUBLIC SERVICES OR FACILITIES — Pursuant to
Government Code section 54957.
CITY COUNCIL MINUTES 2 JUNE 21, 2016
5. PUBLIC EMPLOYEE EVALUATION pursuant to Section 54957(b)(1) of the
Government Code:
Title: City Attorney
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:50 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 3 JUNE 21, 2016
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:50 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA (6:54 p.m.)
P. DAVID BENAVIDES (6:52 p.m.)
MICHELE MARTINEZ (6:52 p.m.)
ROMAN A. REYNA (6:53 p.m.)
SAL TINAJERO (6:53 p.m.)
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
ERIC WAKELING, POLICE CHAPLAIN
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to
Corporal Anthony Bertagna, Officer Alex Lopez, Sergeant Gerry Serrano and Ryan Ton
who donated a bicycle to Henry Romero, whose bike was stolen.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the
Santa Ana Girls Basketball Team volunteer coaches for their volunteer service and the
players for their championship wins:
Coaches: Division A Head Coaches: Juan Almazan; Pedro Canada Diego Heredia;
Jesus Hurtado; Jacqueline Martinez; Martin Roldan; Tom Torres; Divison A Assistant
Coaches: Pedro Alvarez; Sara Canada; Juliette Guerrero; Sam Martinez; Ruben
Torres; Valentin Valencia; Division B Head Coaches: Eddie Cueva; Paul Del Mundo;
Angie Linzaga; Heidi Luna; Saul Palomino; Sonia Ramirez; John Saucedo; Division B
CITY COUNCIL MINUTES 4 JUNE 21, 2016
Assistant Coaches: Gracelynn Figueroa; Gus Gomez; Alan Linzaga; Brandon Luna;
Jose Luna; Jose Mendoza; Julie Nguyen; Ignacio Salazar; Oscar Valencia; Division C
Head Coaches: Alfredo Arcos Sr.; Yoselin Cruz; Beatriz Cuevas; Jimmy Lopez;
Enrique Marban; Sonia Ramirez; Guillermo Rico; Division C Assistant Coaches:
Alfredo Arcos Jr.; Jose Becerra; Ulice Contreras; Clarrisa Lopez; Sergio Lagunas;
Guillermo Martinez; Guadalupe Ochoa; Martin Valenzuela; Division MM Head
Coaches: Angel Almazan; Ulice Contreras; Rudy Hernandez; Chelsea Martinez;
Steven Reyes; Division MM Assistant Coaches: Vasna Almazan; Kimberly Ayala;
Amaly Garcia; David Quezada; Gabriel Reyes; Josiah Reyes; Brianna Sanchez;
Adrianne Smith; Division Jr. MM Head Coaches: Jose Flores; Rick Mares; Isaiah
Romero; Division Jr. MM Assistant Coaches: Kayla Flores; Susana Guerrero; Alfredo
Hernandez; Amanda Romero;
Players: Division A Skv: Allison Flores; Eunice Galan; Karla Gutierrez; Cristine
Kemechs; Valerie Lopez; Jocelyn Luna; Angie Olivares; Tiffany Palmas; Priscilla
Perez; Division B Sun: Chloe Adkins; Mia Cantillo; Ruby K. Gomez; Yulisa Molina;
Maritza Negreete; Cynthia Nguyen; Melanie Ochoa; Jasmine Perez; Cindy Rodrguez;
Jayleen Zaepeda; Division C Sun: Breana Banaga; Caylie Lopez; Maya Lopez; Frida
Melchor; Julissa Mota; Jasmine Reyes; Citlali Rodriguez; Hadassah Rodriguez;
Adriana Tarelo; Nafertiria Tauiliili; Dulce Vega
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Kathy Nguyen of Modern Hair and Nail Spa for providing over 20 years of excellent service
to the community.
CLOSED SESSION REPORT- See Item 19A for any reportable actions.
PUBLIC COMMENTS — Consent Calendar Items
• Jered Elmore, spoke on Agenda Item 11 B; indicated that at the previous City Council
meeting he raised issues as presented and submitted in writing as requested; have
not received response; also, opined that Brown Act violated by not allowing him to
speak before the budget action taken.
o City Attorney Carvalho, indicated that Mr. Elmore's card was submitted but
unfortunately not called before, but was allowed to speak after the fact and
acknowledged his comments — substantial compliance since he was not
prevented from speaking.
• Alan Lason, spoke on Agenda Item 25F, Associate Director of Santa Ana Historical
Preservation Society (SAHPS), opposed to demolition of homes, request continuance
to allow community and staff to discuss reuse of the home or move to different site;
association did meet in February to discuss possibility of saving one home; City did
not respond to request; request to meet with parks staff to discuss preservation of
home and trees.
• Debbie McEwen, submitted letter on behalf of French Park Historic Preservation
regarding Agenda Item 25F.
o City Attorney Carvalho, requested to speak to Ms. McEwen on said matter.
CITY COUNCIL MINUTES 5 JUNE 21, 2016
• Madeleine Spencer, spoke on Agenda Item 25F, commented that City Council
actively involved in youth and youth program; opined that property should be
considered for youth programming services.
o City Attorney Carvalho, indicated for the record that settlement agreement
signed in April 2011 by Friends of Lacy and several other members that
would not protest demoliton of properties (as referenced in Agenda Item
25F).
• Jeff Dickman. spoke on Agenda Item 25F, member of Historic French Park,
expressed support consideration to relocate or reuse of properties in question.
• Ilya Tseglia, spoke on Agenda Items 19E, 25G and 25S, support auditing of several
agencies within the jurisdiction of the City.
• Robert Tseglia, spoke on Agenda Items 19E, 25G and 25S, echoed comments by his
father regarding auditing services.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 25S, with the following modifications:
o Councilmember Martinez, dissented on Agenda Items 11A, 11 B, 25K and 25L;
o Councilmember Martinez, pulled Agenda Items 20A, 23A, 25A, 25E, 25F, 25G,
and 25M for separate action;
o Mayor Pro Tern Sarmiento, puled Agenda Items 11 B and 25H for separate
action and recused from Agenda Item 20B due to his representation of business
in close proximity to site.
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
CITY COUNCIL MINUTES 6 JUNE 21, 2016
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JUNE 7, 2016
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCESISECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s)
on first reading, such abstention will also be reflected in the minutes for second reading.
11A. SECOND READING ORDINANCE: CODE ENFORCEMENT CITATION
AUTHORITY {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
Placed on first reading at the June 7, 2016 City Council meeting and
approved by a vote of 5-0 (Martinez and Sarmiento absent).
Published in the Orange County Reporter on June 10, 2016.
Councilmember Martinez, stated reasons for opposition to ordinance;
suggested consolidating code enforcement, sanitation and business license
divisions for efficiency purposes.
City Manager Cavazos, indicated that staff would review suggestion and
noted that two additional code enforcement officers have been added to the
budget.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2901 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA
MUNICIPAL CODE REGARDING CODE ENFORCEMENT CITATIONS
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero
(5)
NOES: Martinez (1)
ABSTAIN:
ABSENT
None (0)
Pulido (1)
CITY COUNCIL MINUTES 7 JUNE 21, 2016
118. SECOND READING ORDINANCE: ADOPTION OF CITY BUDGET FISCAL
YEAR 2016-2017 (STRATEGIC PLAN NO. 5, 1 } — Clerk of the Council Office
Placed on first reading at the June 7, 2016 City Council meeting and
approved by a vote of 6-0 (Martinez absent).
Published in the Orange County Reporter on June 10, 2016.
Council discussion ensued.
Councilmember Martinez, dissented on budget (as presented); noted for the
record opposition to water transfer into the general fund.
Motion by Councilmember Tinajero, seconded by Councilmember Amezcua
to approve recommendation.
Mayor Pro Tern Sarmiento, expressed concerns with allocation amount for
public safety; asked about $8 million allocation not in the budget or perhaps
removed.
City Manager Cavazos, stated that budget has grown by over $104 million
over the past three years and capital improvement budget went from $30 to
$50 million; public safety budget has grown by $16 million; indicated that $8
million is in attrition savings; best practice is to account for attrition and allow
the City Council to decide on where the funds are allocated rather than have
the departments spend all; it is a citywide attrition; police department expects
to hire about 60 new police officers and have about 80 vacancies and 20
expected to retire with a savings of about 40 which equals the $8 million in
attrition; police department has over 50% of the budget.
Mayor Pro Tern Sarmiento, reflected on increased need for police personnel;
current number of officers is 308 officers, but less proportionate than in the
past; concerned that as City continues to grow the number of active officers
is less than what we've had before; need to either leverage or use surplus
funds to increase the number of officer; City has been successful in obtaining
COP Grant award to add 10 new officer; plead to staff and colleagues to
consider request.
City Manager Cavazos, emphasized that number of officers reduced by 74 in
2012, but have been able to increase by 13%; successful in adding
Downtown patrol and to address medical marijuana; goal is to add 100 more;
have added officers every budget cycle, but have less officers than 30 years
ago; need balance approach and offer other programs as well.
Mayor Pro Tern Sarmiento, important to continue to work with non-profit
organization to offer other programs, but at the same time need a base line -
number; dangerous to go below trend; are there any funds that could be
attached to commit to hire more officers? Consider continuance.
CITY COUNCIL MINUTES 8 JUNE 21, 2016
Councilmember Martinez, agree with Mayor Pro Tem Sarmiento; misleading
public on attrition and true allocation; critical and vital to hire officers beyond
COPS grant.
City Manager Cavazos, noted that police department budget has increased
from $106 to $120 million; hiring freeze lifted; department has experienced
normal attrition; 60 officers to hire and 20 will leave with net 40; hired 10
laterals hired in the past year.
Police Chief Carlos Rojas, summarized number of recent hires; proposing
hiring marketing campaign since most agencies hiring.
Mayor Pulido, noted that Police Department had strike force and two gang
unit details; need to reduce crime rates; have shortage of officers; need to
accelerate hiring; asked if reserves right now at $42 million, rainy day fund of
about $4 million or surplus funds of $1.5 to 2 million could be used to assist
department.
Police Chief Rojas, noted that department had 8-10 officers dedicated to
strike force.
Mayor Pro Tem Sarmiento, issue is not a reflection of leadership, but former
budgetary constraints; rate of retirees have exceeded hiring.
Police Chief Rojas, department moving in right direction with net 40 officers
in coming year.
Mayor Pro Tem Sarmiento, opined that it would be negligent not to allocate
and provide resources; on us as policy makers.
City Manager Cavazos, commented that Police Chief has authority to hire no
need for a budget adjustment; City has conservative reserve policy; COPS
grant application has been submitted for consideration.
Councilmember Tinajero, need to include PERS costs; concerned with using
reserves; agree that City needs more officers; need to be responsible and
make hiring officers a priority.
Councilmember Martinez, would like to tie the Capital Improvement Project
budget with City; thanked Public Works Agency Director for transparency
efforts; met with local labor representatives; would like to reinvestment in our
community; need to compete for these dollars; need to have balance and
equity.
City Manager Cavazos, noted that labor will be allowed to compete in bid
process.
CITY COUNCIL MINUTES 9 JUNE 21, 2016
Mayor Pulido, asked for clarification of total funding allocation and number of
potential hires; rainy day funds of $4 million and surplus of about $2 million
could be used.
City Manager Cavazos, department is authorized to fund 373 officers; need
to have policy direction on economic uncertainly funds.
Police Chief Rojas, department working at capacity to hire authorized
number of officers.
Mayor Pulido, does not like trend and need to find ways to address issue
Councilmember Benavides, agreed with comments and reflected on efforts
to hire; asked if department able to hire as authorized.
Police Chief Rojas, noted that no other agency in Orange County proposing
to use marketing company to promote hiring.
Mayor Pulido, proposed substitute motion to continue matter for 2 weeks to
allocate additional funding.
City Manager Cavazos, said that there was no need for a continuance since
$2 million in surplus or use economic uncertainly funds.
Councilmember Martinez, noted that economic uncertainly fund policy
include triggers; will not support.
Mayor Pro Tern Sarmiento, clarified that reserves are 20% of general fund
which is separate and restricted.
City Manager Cavazos, had recommended use of economic uncertainty
fund; reserves not recommended.
Mayor Pulido, suggested that surplus of approximately $2 million be used.
Councilmember Tinajero, indicated that data needed for City Council to
consider; educated decisions.
Councilmember Reyna, important to have balance - enforcement and youth
programs; violence result of non-profit and other cuts; does not support use
of reserve funds.
Councilmember Amezcua, does not support the use of economic uncertainty
funds; asked if sustainable if use surplus funds.
City Manager Cavazos, best time to save is when you have money; have
projected surplus of $1.5 to $2 million.
CITY COUNCIL MINUTES 10 JUNE 21, 2016
Mayor Pro Tern Sarmiento, proposed motion to dedicate projected surplus
funds towards hiring of additional officers. If there is no surplus then no
allocation, if economic downturn City has triggers to open and use reserve
funds.
City Manager Cavazos, declared that in September will have surplus amount
and may consider request at that time.
Mayor Pulido, seconded amended motion.
Councilmember Martinez, supportive of use of surplus funds; asked how
Police Chief plans to use funds; suggested use of funding for vice unit or
strike force; proposed friendly amendment; need a Plan and only then will
she support. Maker of the motion did not accept; does not want to second
guess the Police Chief on how to allocate resources.
Councilmember Benavides, serves as Chair of Public Safety Council
Committee; there is a need to have more officers; would like to revisit in
September when report received; need to be strategic and look at all
programs and offer long term solutions and services offered and benefit all
neighborhood.
Councilmember Amezcua, asked that actual number be brought back to City
Council for consideration.
Mayor Pulido, opined that attrition is unknown; suggested that if surplus
funds that it should be allocated as matter of policy.
City Manager Cavazos, summarized proposed motion.
SUBSTITUTE MOTION: Place ordinance on second reading and adopt;
dedicate projected surplus funds of approximately $1.5 to $2 million to
public safety and schedule surplus allocation report with options for
City Council consideration in September, 2016.
ORDINANCE NO. NS-2900 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL
OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL
YEAR BUDGET PERIOD COMMENCING JULY 1, 2016
MOTION: Sarmiento SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez**, Pulido, Reyna***,
Sarmiento, Tinajero (6)
NOES: Martinez** / Reyna *** (1)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 11 JUNE 21, 2016
ABSENT: None (0)
**Councilmember Martinez, dissented on the budget, but voted yes on use of
surplus funds.
***Councilmember Reyna, voted yes on the budget and dissented on use of
surplus funds.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve settlement agreement:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
Maria Rubalcaba v. City of Santa Ana; Workers' Compensation Appeals
Board Case No. ADJ9638494 and Unassigned; settlement in the amount of
$50,856 by a 4-0 vote (2 members abstained due to potential conflict of
interest and Pulido absent)
19B. EXCUSED ABSENCES — None
19C. STRATEGIC PLAN MONTHLY REPORT FOR MAY 2016 {STRATEGIC
PLAN NO. 5, 11 - City Manager's Office
MOTION: Receive and file.
19D. SENIOR MOBILITY PROGRAM UPDATE {STRATEGIC PLAN NO. 5, 413} —
Parks, Recreation and Community Services Agency
MOTION, Receive and file.
19E. INTERNAL AUDIT PROJECT PLAN FOR THE FISCAL YEAR -ENDING
JUNE 30, 2017 {STRATEGIC PLAN NO. 4, 1) — Finance and Management
Services Agency
MOTION: Receive and file the Internal Audit project plan for the fiscal
year -ending June 30, 2017.
CITY COUNCIL MINUTES 12 JUNE 21, 2016
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT - AMEND SCOPE OF CONTRACT FOR
LOCAL STREET SLURRY SEAL PROJECT FISCAL YEAR 2014-20`15
(PROJECT NO. 15-6839) {STRATEGIC PLAN NOS. 6, 16; 1C; 1G) - Public
Works Agency
Councilmember Martinez, wanted to make sure that we contract with
responsible contractors.
Public Works Agency Executive Director Fred Mousavipour, noted that he
has not received significant complaints, but is aware that contractor may not
communicate with residents.
City Engineer William Galvez, noted that in the past did have to re -slurry seal
certain sections; contractor addressed problem areas.
Councilmember Benavides, noted that previous contractor had issues;
important to have quality service and hold accountable.
MOTION:
1. Approve an increase of $103,630 to the All American Asphalt
construction contract for the Local Street Slurry Seal Project for
Fiscal Year 2014-2015 to add enhanced roadway treatment from
slurry seal to rubberized asphalt.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016-135- Recognizing $103,630
in interest earnings on Gas Tax revenue bond proceeds, transferring the
funds to the Gas Tax Residential Street Improvement revenue account,
and appropriating the same into the Gas Tax Residential Street
Improvement expenditure account.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 13 JUNE 21, 2016
ABSENT: Sarmiento, Tinajero (2)
20B. AWARD CONTRACT FOR CONSTRUCTION OF NEW RESTROOM
FACILITY AT 3RD AND BUSH STREETS (PROJECT: 16-1305)
{STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency
MOTION:
1. Reject the sole bid received on April 27, 2016 from Metro Builders &
Engineers Group, Ltd. in amount of $322,500, for construction of
New Restroom Facility at 3rd and Bush Streets Project.
2. Authorize the City Manager and Clerk of the Council to award and
execute contract with Damon Inc., the lowest responsible bidder, in
accordance with the base bid in the amount of $174,454 for the
construction of a new restroom facility at 3RD and Bush Streets,
subject to non -substantive changes approved by the City Manager
and City Attorney.
3. Approve the Project Cost Analysis for the total estimated project
delivery cost of $235,514, which includes the contract base amount,
administration, inspection, testing, and an authorized contingency
of approximately 20 percent, in the amount of $34,892.
4. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2017-03- Recognize $235,514
from prior year fund balance and appropriating $235,514 into the
Downtown Enhancements expense account.
*Mayor Pro Tern Sarmiento, abstained on Agenda Item 20B.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 13-008 - CONTRACT AMENDMENT FOR LEASED VEHICLES
(STRATEGIC PLAN NO. 1, 5) - (Police Department) Finance and
Management Services
MOTION: Amend the contract with Enterprise Fleet Management to
increase the aggregate limit by $87,922 for the addition of six leased
vehicles for the Police Department for an annual amount not to exceed
$388,622, subject to non -substantive changes approved by the City
Manager and City Attorney.
CITY COUNCIL MINUTES 14 JUNE 21, 2016
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT FOR CONSTRUCTION OF WARNER INDUSTRIAL
COMMUNITY ROADWAY IMPROVEMENTS (PROJECT NO. 16-6868)
{STRATEGIC PLAN NOS. 6, 1 B; 1'G) — Public Works Agency
Councilmember Martinez, same comments as Agenda Item 20A; if issues
arise need to remedy.
MOTION:
1. Authorize the City Manager and Clerk of the Council to award and
execute a construction contract to R.J. Noble Company, the lowest
responsible bidder, in accordance with the bid in the amount of
$3,946,915, for the term beginning upon execution of the contract
and ending upon project completion, for the construction of the
Warner Industrial Community Roadway Improvements, subject to
non -substantive changes approved by the City Manager and City
Attorney.
2. Approve the Project Cost Analysis for a total estimated project
delivery cost of $5,306,915, which includes the contract base
amount, administration, inspection, testing, and an authorized
construction contingency of approximately 15 percent, in the
amount of $600,000.
3. Amend the Fiscal Year 2013-14 Capital Improvement Program and
approve the reallocation of $984,885.84 in Measure M2 Local Fair
Share funds (Project # 14-6812).
4. Amend the Fiscal Year 2014-15 Capital Improvement Program and
approve the reallocation of $748,529.16 in Measure M2 Local Fair
Share funds (Project # 15-6839).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
AGREEMENTS
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna (5)
None (0)
None (0)
Sarmiento, Tinajero (2)
CITY COUNCIL MINUTES 15 JUNE 21, 2016
25A. AGMT NO. 2016-148 - SECOND AMENDMENT TO AGREEMENT FOR
MERCHANT PAYMENT SERVICES INCREASING ANNUAL
EXPENDITURE CAP AND ADOPTING A MAXIMUM CREDIT CARD
TRANSACTION LIMIT {STRATEGIC PLAN NO. 7, 5F; 4,1) Finance and
Management Services Agency
Councilmember Martinez, asked what is community benefit to using credit
cards and potential burden of having CAP instead of paying with check,
thanked staff for technology upgrades.
Francisco Gutierrez, Finance and Management Services Agency Executive
Director summarized staff report.
MOTION:
1. Authorize the City Manager and the Clerk of the Council to execute a
Second Amended Agreement with TransFirst LLC, for merchant
payment services to increase the annual credit card merchant
payment services expenditure cap by $70,000 to $165,000 for the
current 2015-16 fiscal year as well as for the additional optional
2016-17 fiscal year period, subject to non -substantive changes
approved by the City Manager and City Attorney.
2. Approve adoption of a maximum credit card transaction limit in the
amount of $5,000 dollars for credit card transactions occurring at
City facilities.
MOTION: Martinez
VOTE: AYES:
SECOND: Pulido
Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
25B. AGMT NO. 2016-149 - DONATION TO SUPPORT SANTA ANA UNIFIED
SCHOOL DISTRICT'S GRADUATION CEREMONIES AT CENTENNIAL
PARK (STRATEGIC PLAN NO. 5, 4) — Mayor Pro Tern Sarmiento,
Councilmember Reyna and Tinajero
MOTION: Approve a donation request from the Santa Ana Unified
School District for a one-time donation in the amount of $3,000.
CITY COUNCIL MINUTES 16 JUNE 21, 2016
25C. AGMT NO. 2016-150 - LICENSE AGREEMENT FOR INSTALLATION OF
WATER INJECTION WELLS AT CENTENNIAL PARK (STRATEGIC PLAN
NO. 5, 1A) — Parks, Recreation and Community Services Agency, Public
Works Agency, and Planning and Building Agency
MOTION:
1. Approve the certified final Environmental Assessment and
Environmental Impact Report for the Mid Basin Centennial Park
Injection Well project proposed by the Orange County Water District
and approve the Findings of Fact and Mitigation Monitoring and
Reporting Program.
2. Authorize the City Manager and Clerk of the Council to execute a
License Agreement with Orange County Water District for the
construction and operation of the Mid Basin Centennial Park
Injection Wells that will begin on January 1, 2019 and end on
December 31, 2049, subject to non -substantive changes approved
by the City Manager and City Attorney.
25D. AGMT NO. 2016-151 - LANDSCAPE SERVICES IN THE CIVIC CENTER
AND STADIUM (DISTRICT A) {STRATEGIC PLAN NO. 6, 1B) — Parks,
Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Midori Gardens to provide landscape
maintenance services in the Civic Center and Stadium (District A) in an
annual amount not to exceed $255,605, which includes a 15%
contingency, for a term from July 1, 2016 through June 30, 2018, with
two, one-year renewal options, subject to non -substantive changes
approved by the City Manager and City Attorney.
25E. AGMT NO. 2016-152 AMENDMENT ` FOR PRESSURE WASHING
SERVICES FOR CITY EVENTS {STRATEGIC PLAN NO.• 6, 1 B) ; Parks,
Recreation and Community Services Agency
Councilmember Martinez, supports item; asked how much funding available
for Civic Center.
Gerardo Mouet, Parks, Recreation and Community Services Agency
Executive Director noted that total joint use budget is $1.3 million; proposed
action is only for City events.
Councilmember Martinez, what is City doing to maintain the Civic Center
area; request report on allocation.
CITY COUNCIL MINUTES 17 JUNE 21, 2016
City Manager Cavazos, noted that funding has increased; provide pressure
washing and cleaning in the Civic Center; area has experienced increase in
homeless.
MOTION: Authorize the City Manager and Clerk of the Council to
execute a fourth amendment to the agreement with Superior Property
Services for pressure washing services to increase the base services
amount by $20,000 to a base agreement amount of $98,861.96 for
additional pressure washing services after city events and adjust the
contingency from a rate of $10,000 to 20% of the contract in the amount
of $19,772.39, for a new total annual amount of $118,634.35, for the
periods of May 1, 2016 to December 31, 2016 and January 1, 2017 to
December 31, 2017, subject to non -substantive changes approved by
the City Manager and the City Attorney.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
25F. AGMT NO. 2016-153 SALVAGE AND DEMOLITION SERVICES AT 710,
714 AND 720; EASTSIXTHSTREET {STRATEGIC PLAN NO. 5, 4A)-
Community Development Agency
Councilmember Martinez, proposed motion to continue matter for 3 months;
seconded by Mayor Pulido.
Councilmember Benavides, asked for historical account of project.
Parks, Recreation and Community Services Agency Executive Director
Mouet, noted that Historical Association supports open space concept; City
Council approved $900,000 action in April to acquire property; January
approved zone change; have held many meeting with community; salvage
the trees may be approved; Garfield Community Center across the street;
Latino Health Access supports open space; matter dates back to Station
District project.
Councilmember Benavides, noted that project dates back to Triada Project;
architectural features that could be preserved; neighborhood requesting
CITY COUNCIL MINUTES 18 JUNE 21, 2016
open space and supports saving fruit trees and incorporate into park.
Councilmember Martinez, would like to have viable options and
conversations documented.
Gerardo Mouet, Parks, Recreation and Community Services Agency
Executive Director, noted that outreach meetings to begin once action
approved.
Councilmember Martinez, need to have comprehensive approach on
community engagement strategy.
Mayor Pro Tem Sarmiento, matter had been discussed with Friends of Lacy
and agreement approved in the past; area has compelling expectation to
have open space.
MOTION: Authorize the City Manager and Clerk of the Council to award
and execute an agreement with Sandwood Enterprises, Inc. to provide
salvage and demolition services during the period of July 1, 2016
through December 31, 2016, in an amount not to exceed $45,000 which
includes a $9,000 contingency for authorized change orders, subject to
non -substantive changes approved by the City Manager and City
Attorney.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25G.'- AGMT NO. 2016-154 - 'POLICE OFFICER RECRUITMENT CAMPAIGN
(STRATEGIC PLAN NO. 1, 11) - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Sensis to market and advertise the Police
Department's full-time Police Officer employment opportunities, for the
period of June 21, 2016 through June 20, 2017, in an amount not to
exceed $150,000, with the option to renew the contract for one
additional year in the amount of $100,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 19 JUNE 21, 2016
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25H. AGMT NO. 2016-155 LOAN AGREEMENT FOR ACQUISITION AND
REHABILITATION OF AFFORDABLE HOUSING AT 2151 E. FIRST
STREET {STRATEGIC PLAN NO. 5, 3A; 3C) - Community Development
Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a loan agreement in the amount of $1,199,869 with Guest House
LP for HOME Investment Partnership Program funds for 71 units of
affordable housing at 2151 E. First Street, subject to non -substantive
changes approved by the City Manager and City Attorney.
MOTION: Sarmiento SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
251. AGMT NO. 2016-156 - PROVIDE AUDIOVISUAL EQUIPMENT,
INSTALLATION, AND SERVICES {STRATEGIC PLAN NO. 7, 5A) - Public
Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Western Audio Visual to provide
audiovisual equipment, installation, and on -call services for a one-year
term beginning June 21, 2016, through June 21, 2017, in the amount of
$80,000, subject to non -substantive changes approved by the City
Manager and City Attorney.
CITY COUNCIL MINUTES 20 JUNE 21, 2016
25J. AGMT NO. 2016-157 - DONATION TO SUPPORT AN AFTER -SCHOOL
BOXING PROGRAM {STRATEGIC PLAN NO. 5, 4) — Mayor Pro Tern
Sarmiento
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Santa Ana Unidos Boxing Club for a one-
time donation amount of $1,000, subject to non -substantive changes
approved by the City Manager and the City Attorney.
25K. AGMT NO. 2016-158 - PURCHASE AGREEMENT FOR BRISTOL STREET
IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NON -GENERAL
FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute a Purchase Agreement with property owners Victor Ruey Chen
and Gloria Lin Chen Trustees of the Victor and Gloria Chen Family
Trust, for the property commonly known as 1301 West 11th Street (APN
004-112-36), for full acquisition of said real property, and goodwill (if
any), in the amount of $520,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
MOTION: Reyna SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
25L. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS
PHASE 4 (PROJECT NO. 116741 NON -GENERAL FUND) {STRATEGIC
PLAN NOS. 6, 1G; 3, 2C) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute Purchase Agreements for the full purchase price of real
property listed below, and goodwill (if any), subject to non -substantive
changes approved by the City Manager and City Attorney, with the
following property owners:
CITY COUNCIL MINUTES 21 JUNE 21, 2016
No. Property Property commonly Acquisition Amount
Owner known as / location Type
AGMT NO. Evelyn L. 1235 West Saint Full
2016-159 Wallace Gertrude (APN 015- Acquisition
AGMT NO.
Anthony
1302 W Carlton
Full $545,000
2016-160
Dang
Place
Acquisition
(APN 408-333-01)
AGMT NO.
Lillian
1242 W Camden
Partial $2,500
2016-161
Luparello
Place
Acquisition
and Jason
(APN 015-215-11)
MOTION: Amezcua SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
25M. CONSULTANT FOR CITY'S VISION, LIFE, ACCIDENTAL DEATH &
DISMEMBERMENT, LONG TERM DISABILITY, EMPLOYEE
ASSISTANCE, RETIREE BILLING, AND SECTION 125 FLEXIBLE
SPENDING ACCOUNTS AND AGREEMENT WITH DICK COOK
INSURANCE SERVICES AS, CONSULTANT FOR CITY'S GROUP
DENTAL POLICIES {STRATEGIC PLAN NO. 7, 6) - Personnel Services
Agency
Councilmember Martinez, asked for explanation on selection of brokers and
how much cost is shared by employees.
Personnel Services Executive Director Ed Raya, indicated that City spends
more than a 15 million dollars a year in health benefits and proposed service
is above and beyond that is about $1 million.
MOTION:
1. AGMT NO. 2016-162 -Authorize the City Manager and Clerk of the
Council to execute an agreement with Keenan & Associates to act
as the Broker of Record/Consultant for the City's Group Vision,
Life, Accidental Death & Dismemberment, Long Term Disability
Insurance, Employee Assistance Program (EAP), Retiree Billing,
CITY COUNCIL MINUTES 22 JUNE 21, 2016
and Section 125 Flexible Spending Accounts (FSA) for a term
beginning June 21, 2016 through June 30, 2018, paid commission
by the insurance carriers, subject to non -substantive changes
approved by the City Manager and City Attorney.
2. AGMT NO. 2016-163 -Authorize the City Manager and Clerk of the
Council to execute an agreement with Dick Cook Insurance
Services to act as the Broker of Record/Consultant for the City's
Group Dental insurance Policies for a term beginning June 21, 2016
through June 30, 2018, paid commission by the insurance carriers,
subject to non -substantive changes approved by the City Manager
and City Attorney.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25N. AGMT NO. 2016-164 - DONATION TO SUPPORT SANTA ANA UNIFIED
SCHOOL DISTRICT'S MUSIC FESTIVAL {STRATEGIC PLAN NO. 5, 41 —
Councilmember Reyna
MOTION: Approve a donation request from Santa Ana Unified School
District for a one-time donation in the amount of $342.32.
250. AGMT NO. 2016-165 - DONATION TO SUPPORT AN ART EXHIBIT
(STRATEGIC PLAN NO. 5, 4) — Mayor Pro Tern Sarmiento
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Orange County Children's Therapeutic
ARTS Center for a one-time donation amount of $1,000, subject to non -
substantive changes approved by the City Manager and the City
Attorney.
25P. AGMT NO. 2016-166 - DONATION TO SUPPORT AN ART EXHIBIT
{STRATEGIC PLAN NO. 5,4) - Councilmember Reyna
CITY COUNCIL MINUTES 23 JUNE 21, 2016
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Orange County Children's Therapeutic
ARTS Center for a one-time donation amount of $250, subject to non -
substantive changes approved by the City Manager and the City
Attorney.
25Q. AGMT NO. 2016-167 -DONATION TO SUPPORT AN ART EXHIBIT
{STRATEGIC PLAN NO. 5, 4} - Mayor Pro Tern Sarmiento
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Charles W. Bowers Museum Corporation for
a one-time donation amount of $1,000, subject to non -substantive
changes approved by the City Manager and the City Attorney.
25R. AGMT NO. 2016-168 - DONATION TO SUPPORT A SENIOR CITIZEN
RESOURCE FAIR {STRATEGIC PLAN NO. 5, 4) — Councilmember Tinajero
MOTION: Approve a donation request from the California Department of
Health Care Services for a one-time donation in the amount of $375.80.
25S. AGMT NO. 2016-169 - DONATION TO SUPPORT THE SANTA ANA
POLICE ATHLETIC AND ACTIVITY LEAGUE {STRATEGIC PLAN NO. 5, 4)
— Mayor Pro Tern Sarmiento
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Orange County Community Foundation to
support the Santa Ana Police Athletic and Activity League for a one-
time donation amount of $600, subject to non -substantive changes
approved by the City Manager and the City Attorney.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
ORDINANCES
50A. EMERGENCY ORDINANCE ADOPTING A 45-DAY MORATORIUM ON
THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY
BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR
MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT {STRATEGIC
PLAN NO. 5, 4)- Planning and Building Agency
CITY COUNCIL MINUTES 24 JUNE 21, 2016
Consideration of matter continued from the June 7, 2016 City Council
meeting by a vote of 5-0 (Martinez and Sarmiento absent).
The following addressed the City Council on the matter:
Adam Shandrow, manager of Maona Lao Apartments, commented that
property owners worked with City when acquiring property; submitted
Conditional Use Permit and had sunshine meeting; continue to invest in the
property; requested continuance of transparent process.
Britten Devereux, spoke in support of sober living industry and services
provided to the community.
Councilmember Martinez, stated that City has housing crisis, overcrowding
and parking difficulties; California has about 1 million housing unit shortage;
policy decisions needed to address said issues.
MOTION: Table matter at the request of staff.
MOTION: Tinajero SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
50B. ADD SECTION 2-111 TO THE SANTA ANA MUNICIPAL CODE
REQUIRING MAYOR AND COUNCILMEMBER DISQUALIFICATIONS
AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION - City
Manager's Office
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS-2902 - AN ORDINANCE OF THE CITY COUNCIL FO
THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2-111 REQUIRING
MAYOR AND COUNCIL MEMBER DISQUALIFICATIONS AFTER
RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 25 JUNE 21, 2016
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTIONS
55A. GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016 AND REQUESTING BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION WITH THE PRESIDENTIAL AND STATEWIDE
GENERAL ELECTION (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
MOTION: Adopt resolutions.
1. RESOLUTION NO. 2016-047 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 8, 2016 FOR THE ELECTION
OF CERTAIN OFFICERS AND ALL OTHER MEASURES AS
PROPOSED OR AUTHORIZED BY THE CITY COUNCIL, AND
REQUESTING THE BOARD OF SUPERVISORS OF ORANGE
COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE STATE'S GENERAL ELECTION
2. RESOLUTION NO. 2106-048 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM
FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE
ELECTORATE IN THE 2016 GENERAL ELECTION TO PAY THE PRO
RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT
IN VOTER PAMPHLETS
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 26 JUNE 21, 2016
55B. ISSUANCE OF BONDS RELATED TO THE WARNER INDUSTRIAL
COMMUNITY ASSESSMENT DISTRICT 2015-01 (PROJECT NO. 16-6868)
{STRATEGIC PLAN NOS. 6, 1 B & 1 G) - Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-049 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AUTHORIZING
THE ISSUANCE OF CITY OF SANTA ANA ASSESSMENT DISTRICT
NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY) LIMITED
OBLIGATION IMPROVEMENT BONDS, APPROVING FISCAL AGENT
AGREEMENT, OFFICIAL STATEMENT, BOND PURCHASE
AGREEMENT AND CONTINUING DISCLOSURE AGREEMENT AND
AUTHORIZING THE EXECUTIVE DIRECTOR, FINANCE &
MANAGEMENT SERVICES AGENCY TO NEGOTIATE THE TERMS OF
THE PURCHASE OF THE BONDS
2. Approve receipt of $27,443 from the Public Works Traffic &
Transportation Engineering account into the Special Assessment
District Capital Improvement Fund (Non -City Contribution), Warner
Industrial Assessment District revenue account and appropriating
the same into the Warner Industrial Assessment District expenditure
account.
3. Authorize the City Manager to execute prepayments totaling $27,443
for the assessment of City -owned Parcels No. 408-113-11 and No.
408-161-17.
4. Approve the Financing Structure for the total estimated project cost
of $6,166,831 identifying the City's share of $3,133,415 (51 percent)
and parcel owners' share of $3,033,416 (49 percent).
5. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016 141 2017-004- Recognizing
receipt of funds up to $1,229,122 in bond proceeds into the WIC Capital
Improvements Fund revenue account and appropriating the same into the
WIC Capital Improvements Fund expenditure account, and authorize that
the proceeds of such bonds be delivered to the Fiscal Agent for deposit in
the fund established under Fiscal Agent Agreement as provided for
therein.
6. Approve an appropriation adjustment. (Requires five affirmative
votes)
CITY COUNCIL MINUTES 27 JUNE 21, 2016
APPROPRIATION ADJUSTMENT NO. 2016 141r 2017-004- Recognizing
an estimated $869,495 in assessment prepayment revenue received from
Warner Industrial Community Assessment District property owners into
the Special Assessment District Capital Improvement Fund (Non -City
Contribution), Warner Industrial Assessment District revenue account and
appropriating the same into the Warner Industrial Assessment District
expenditure account.
7. Authorize issuance of a Notice to Proceed to Psomas to provide
assessment district administration services for the period of June
21, 2016, through August 5, 2019, in an amount not to exceed
$22,250, subject to non -substantive changes approved by the City
Manager and City attorney, in accordance with Agreement No. A-
2015-167 for on -call engineering services, which was executed on
August 5, 2015, with the option for up to two one-year renewal
options exercisable by the City Manager and the City Attorney.
8. Authorize the City Manager to execute prepayment totaling $47,441
on behalf of the Santa Ana Unified School District for assessment of
their parcel no. 408-021-01.
9. Authorize ongoing negotiations with the Santa Ana Unified School
District for the above -referenced amount for the purpose of
receiving payment of assessed prepayment value.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55C. RESOLUTIONS - STATEMENT OF INVESTMENT POLICY AND
CONTINUING DISCLOSURE POLICIES {STRATEGIC PLAN NO. 4, 11 -
Finance & Management Services
MOTION;
1. Adopt a resolution.
CITY COUNCIL MINUTES 28 JUNE 21, 2016
RESOLUTION NO. 2016-050 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S
STATEMENT OF INVESTMENT POLICY
2. Adopt a resolution.
RESOLUTION NO. 2016-051 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADOPTION
OF MUNICIPAL SECURITIES DISCLOSURE POLICY AND
PROCEDURES
3. Receive and file the Annual Statement of Investment Policy
4. Receive and file the Municipal Securities Disclosure Policy &
Procedures
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55D. ESTABLISH IRREVOCABLE TRUST WITH PUBLIC AGENCY
RETIREMENT SERVICES {STRATEGIC PLAN NO. 4, 1) - Finance &
Management Services
Project in accordance with the Council approved Surplus Allocation Plan as
of October 20, 2015.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-052 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADOPTION
OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES
(PARS)
2. AGMT NO. 2016-170 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Public Agency Retirement
Services, for the Irrevocable Trust plan installation and
CITY COUNCIL MINUTES 29 JUNE 21, 2016
administration services for the period of June 22, 2016 through June
21, 2019, for an amount of $10,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and Clerk of the Council to execute
Trustee Forms with US Bank / HighMark Capital Management, Inc.,
for the purpose of managing Plan Assets for the period of June 22,
2016 through June 21, 2019, subject to non -substantive changes
approved by the City Manager and City Attorney.
4. Authorize the City to transfer $500,000 from the City's Surplus
Allocation fund to the Public Agency Retirement Services account
for the purpose of pre -funding pension obligations.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55E. AFFIRM THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF
PERSONNEL SERVICES, OR HIS OR HER DESIGNEE, AS THE CITY'S
PLAN ADMINISTRATOR OF THE RETIREMENT HEALTH SAVINGS PLAN
AND AFFIRM THE APPOINTMENT OF THE CITY'S EXECUTIVE
DIRECTOR OF FINANCE AS THE PLAN TRUSTEE, AND EXECUTE THE
PARTICIPATION AGREEMENT WITH VANTAGE TRUST COMPANY, LLC.
TRUSTEE OF THE VANTAGETRUST II MULTIPLE COLLECTIVE
INVESTMENT FUNDS TRUST {STRATEGIC PLAN NO. 7, 61 - Personnel
Services Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-053 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION
NO. 2011-080 TO AFFIRM THE APPOINTMENT OF THE EXECUTIVE
DIRECTOR OF PERSONNEL SERVICES, OR HIS OR HER DESIGNEE,
AS THE CITY'S RETIREMENT HEALTH SAVINGS PLAN
ADMINISTRATOR AND AFFIRM THE APPOINTMENT OF THE
EXECUTIVE DIRECTOR OF FINANCE AS THE CITY'S PLAN
TRUSTEE
CITY COUNCIL MINUTES 30 JUNE 21, 2016
2. AGMT NO. 2016-171 - Authorize the City Manager to approve the
Participation Agreement with Vantage Trust Company, LLC, trustee
of the Vantage Trust II Multiple Collective Investment Funds Trust
on behalf of the City's various Retirement Health Savings Plans,
subject to non -substantive changes approved by the City Manager
and City Attorney.
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55F. AMEND TO PROVIDE CONTINUATION OF ADDITIONAL PARTIALLY -
PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY (STRATEGIC PLAN NO. 7,6) -
Personnel Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-054 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065
TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID
TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES
CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND
CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 31 JUNE 21, 2016
PUBLIC HEARINGS
75A. PUBLIC HEARING - ORDINANCE AMENDMENT NO. 2016-01 AND
ZONING ORDINANCE AMENDMENT NO. 2016-01 TO AMEND
CHAPTERS 22 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO
COMPLY WITH NEW STATE LEGISLATION FOR MASSAGE
ESTABLISHMENTS CITYWIDE {STRATEGIC PLAN NO. 3, 21 - Public
Works Agency
Planning Commission approved recommended action on May 23, 2016 by a
vote of 6-0 (Bacerra absent).
Legal Notice published in the Orange County Reporter on June 10, 2016.
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-2903 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER 41
WITH REGARD TO MASSAGE AND MASSAGE ESTABLISHMENTS
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. PUBLIC HEARING — REPORT ON WATER QUALITY RELATIVE TO
PUBLIC HEALTH GOALS {STRATEGIC PLAN NO. 5, 6) - Public Works
Agency
Legal Notice published in the Orange County Reporter on June 10, 2016.
MOTION: Consideration of matter continued to the July 5, 2016 City
Council meeting per staff's request.
CITY COUNCIL MINUTES 32 JUNE 21, 2016
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2016-21 TO ALLOW
AN ALCOHOL BEVERAGE CONTROL LICENSE AT SUPER KING
MARKET LOCATED AT 2741 WEST MACARTHUR BOULEVARD — DAVID
WEISSGLASS, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and
Building Agency
Planning Commission approved recommended action on May 23, 2016 by a
vote of 5-1 (Mill dissented and Bacerra absent).
At its regular meeting on June 7, 2016, the City Council directed staff to
schedule a fully noticed de novo hearing by a vote of 7-0.
Legal Notice published in the Orange County Reporter on June 10, 2016 and
notices mailed on June 9, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-055 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2016-21 TO ALLOW OFF -PREMISE SALE OF ALCOHOLIC
BEVERAGES AT THE PROPERTY LOCATED AT 2741 WEST
MACARTHUR BOULEVARD
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 33 JUNE 21, 2016
CITY COUNCIL RECESSED AT 9:11 P.M. TO THE HOUSING AUTHORITY MEETING;
FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:12 P.M. AND RECONVENED
THE CITY COUNCIL MEETING AT 9:13 P.M. WITH SAME MEMBERS PRESENT.
*Councilmember Martinez left the meeting at 9:12 p.m. and did not return.
COMMENTS
PUBLIC COMMENTS
• Peter Katz, invited the City council to attend upcoming Comlink meeting on Thursday,
June 23'd; will have 64 neighborhood associations represented and present annual
hero and most beautiful yard awards in addition to first William Branch III Humanitarian
Award.
• Madeleine Spencer, concerned with unsavory usage of parks; requested additional
funding for recreational programs
• Carl Benninger, commented that fire destroyed home in Washington Square area some
years ago and now an eye sore; request staff direction to address standard and
consistency and approval.
o Councilmember Benavides, asked Mr. Benninger to submit email with
request.
• Ilya Tseglia, commented on hardship when member of family removed by State.
• Robert Tseglia, echoed comments by his father Mr. Tseglia.
90A. CITY MANAGER'S COMMENTS
• Presented and displayed Fourth of July event flyer; reported that City has
spent an enormous amount of time trying to get the word out; wanted to
make sure public sees flyer, emphasized illegal fireworks will be a very
serious situation this year; if apprehended for illegal use of fireworks, fine
is $1000.00; Police Department will be out in force. Only safe and sane
fireworks are legal in Santa Ana.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
• Wished Gail Woods well in her retirement from City of Santa Ana, has
been great to work with.
CITY COUNCIL MINUTES 34 JUNE 21, 2016
Councilmember Reyna:
Wished Gail Woods well in retirement; was a big help to him when
elected to City Council; blessed to have an assistant as her; could not
have done it without her.
Councilmember Benavides:
• Highlighted the 4th of July event at Centennial Park is in 6th year,
encouraged all to participate in event starting at 9:00 pm; lots of efforts by
various personnel on enforcement, noting zero tolerance minimum
$1000.00 violation fine; ideas of signage around City and partnerships to
get the word out for a strong deterrent to keep community safe,
encouraged staff to look at;
• Wished Gail Woods well in retirement;
• Shop local, shop Santa Ana.
Councilmember Tinajero:
• Echoed Councilmember Benavides' on retirement wishes for Gail Woods
• Noted that Councilmember Martinez had left meeting, announced that
she would be giving up her president seat of NALEO this week;
commended her accomplishment as a fellow member rising to that level,
growing up in Santa Ana and an inspiration to women;
• Congratulated school district, shared past experience as a SAUSD board
member; happy that City was able to co-sponsor events helping SAUSD
with graduations this year, thanked staff and City Councilmembers for
stepping up; Eddie West field undergoing renovation;
• Asked Mayor to close meeting on behalf of Rudy Gallegos; owner of
Gallegos Construction who built Eddie West Field, public libraries and
area hospitals; a graduate of Santa Ana High School and an undefeated
boxer.
Mayor Pro Tern Sarmiento:
• Joining in, in bidding Gail Woods farewell;
• Thanked City Manager for allowing Council to work with him on the
budget adjustments this year;
• Announced Councilmember Tinajero wound up his career as a debate
coach at Fullerton Union school and applauded his efforts to make Santa
Ana a future tournament site; being positive for City and youth
scholastically and academically;
• Thanked staff for quick improvements: ADA, slurry seal in parking lot,
restriping and round -about on Central Ave. at Delhi Center; relayed thank
you and appreciation from resident Lionel, a member of OCCO and Our
Lady of Guadalupe Church and other residents.
CITY COUNCIL MINUTES 35 JUNE 21, 2016
Mayor Pulido:
• Closing meeting in honor of Rudy Gallegos;
• Reflected on past joint use projects with Santa Ana Unified School
District, desire continuing positive partnerships;
• Shared, Mr. Gallegos, was a true gentlemen, gentle soul and giant; did
much infrastructure work, sidewalks, curbs and streets in earlier Santa
Ana; Upon retirement, continued to be an architect and consult; big loss
for community and a pioneer;
• Expressed condolences to the family.
ADJOURNED IN MEMORY OF
OF RUDY GALLEGOS
ADJOURNED- 9:44 p.m. - The next meeting of the City Council is scheduled for
Tuesday, July 5, 2016 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at 5:45
p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana,
California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Economic Development Strategic Plan
CITY COUNCIL MINUTES 36 JUNE 21, 2016