HomeMy WebLinkAbout10A - MINUTES 11-15-16MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 15, 2016
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:08 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tem
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO (5:14 p.m.)
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 5:08 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:
• James Stuck v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ9863416
• 1901 First Street Owner, LLC v. Tustin Unified School District, Orange
County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC
CITY COUNCIL MINUTES 1 NOVEMBER 15, 2016
10A-1
1901 First Street Owner LLC v. City of Santa Ana, Orange County Superior
Court Case No. 30-2016-00876616-CU-CR-CJC
2. JOINT CITY COUNCIL AND SUCCESSOR AGENCY - 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: One Matter
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 2129 N. Main Street (APN# 003-113-81); 26,354
sq. ft. (.61 acres) Santa Ana, CA
City Negotiators: City Manager David Cavazos, and Planning and
Building Agency Director Hassan Haghani
Negotiating Party: Net Development Co. President Kevin Coleman
Terms: Conditions of potential sale.
4. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section
54957(b)(1) of the Government Code:
Title: City Manager
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 NOVEMBER 15, 2016
10A-2
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:45 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tem
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
SPECIAL PRESENTATIONS
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
GIRL SCOUTS OF ORANGE COUNTY, TROOPS
4622 AND 3713
TOM JONES, POLICE CHAPLAIN
1. Orange County Streetcar presentation by the Orange County Transportation
Authority.
2. 2016 State Legislative Update by Senator Janet Nguyen.
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
25 YEARS OF SERVICE
Scott D. Kutner, Community Development District
Manager, Planning and Building Agency
CITY COUNCIL MINUTES 3 NOVEMBER 15, 2016
10A-3
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the
Junior Girl Scouts of Orange County for earning their Inside Government Legacy badge:
Troop 3713 - Troop Leader Casey Corona and Junior Girl Scouts Malia Alford; Anila
Baltazar; Natasha Berhens; Kaekoa Corona; Emily Magana; Jazzlyn Mancinas; Kayla
Ortiz; and Olivia Schartz
Troop 4622 — Troop Leader Bernadette Medranda and Junior Girl Scouts Jizelle
Gonzalez; Elisa Kaneko; Estrella Luna; Amanda Valdez; Ava Valadez
CLOSED SESSION REPORT- See Item 19A for any reportable actions.
PUBLIC COMMENTS
• Linda Voss, representative of American Red Cross, thanked the Orange County Fire
Authority, Mayor Pro Tem Sarmiento and City Council for the installation of fire alarm
system at their annual event held November 5, 2016.
PULLED AGENDA ITEM OUT OF ORDER - NOTICE OF PUBLIC HEARINGS
Mayor Pulido noted conflict of interest due to proximity to family business. Mayor Pro Tem
Sarmiento assumed the Chair. City Attorney Carvalho indicated that City has received
legal opinion from Fair Political Practices Commission (FPPC) indicated that Mayor Pro
Tem Sarmiento and Councilmember Martinez do not have a conflict of interest and may
participate in the deliberation of said item.
12A. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT
TO LEVY ASSESSMENT FOR 2017 {STRATEGIC PLAN NO. 3, 4F) -
Community Development Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on October 26, 2016 by a 4-0 vote (Aguinaga and Leon
abstained).
The following speakers addressed the City Council on the matter:
• Ryan Chase and Ryan Smolar, spoke in support of proposed assessment
district.
Councilmember Martinez, requested annual report from designated
organizations and requested more trash receptacles among other amenities for
consideration.
Councilmember Benavides, expressed appreciation to associations for
collaborative efforts to bring events to the Downtown area.
CITY COUNCIL MINUTES 4 NOVEMBER 15, 2016
10A-4
Mayor Pro Tem Sarmiento, asked that messaging to area residents and
businesses improve; develop matrix and allocation of public funds; important to
receive information from both groups — proportionality matters and justifies
funding.
MOTION:
1. Adopt a resolution.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR
THE YEAR 2017
2. Set a public hearing for Tuesday, December 20, 2016.
3. Approve the 2017 Assessment Report for the Downtown Santa Ana
Business Improvement District (BID), which is administered by two
organizations, the Santa Ana Business Council and Downtown
Incorporated.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (5)
NOES: None (0)
ABSTAINED Pulido (1)
AND NOT
PRESENT:
ABSENT: Amezcua (1)
PUBLIC COMMENTS
• Ilya Tseglia, spoke on Agenda Item 25H, concerned with inmate costs and treatment of
his son who is a ward of the State Public Guardian.
• Robert Tseglia, spoke on Agenda Item 25H, spoke of brother and need for medical
attention
o City Attorney Carvalho, will meet with residents on the matter.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 32A, with the following modifications:
CITY COUNCIL MINUTES 5 NOVEMBER 15, 2016
10A-5
• Councilmember Martinez pulled Agenda Items 22A, 23A, 23B, 25D, 25E for
separate action; and dissented on Agenda Items 25J and 25K; and
• Mayor Pulido, abstained on Agenda Item 25F.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
MINUTES
Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero
(6)
None (0)
None (0)
Amezcua (1)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 18, 2016
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
MOTION: Approve Minutes.
NOTICE OF PUBLIC HEARINGS
12A. AGENDA ITEM CONSIDERED OUT OF ORDER
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN
NO. 5, 11 - Clerk of the Council Office
MOTION; Receive and file.
NAME MEETING DATE
Parks, Recreation, Education & Youth Committee (Cancellation) 1/27/2016
CITY COUNCIL MINUTES 6 NOVEMBER 15, 2016
10A-6
13B. NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4
REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A
PARTIAL -TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5,
1) - Clerk of the Council Office
MOTION: Appoint Alberto Cruz to the Youth Commission (Ward 4
resident; replacing E. Morales).
13C. NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4
REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND
HOUSING COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER
11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Appoint David De Leon to the Community Redevelopment and
Housing Commission (Ward 3 resident; replacing A. Urzua).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve as follow:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
• James Stuck v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ9863416; settlement in the amount of $200,037.39 (Pulido
abstained)
• Mayor pro Tem Sarmiento abstained on two items under Closed Session.
19B. EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Amezcua from said
meeting.
19C. STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2016 {STRATEGIC
PLAN NO. 5, 1) - City Manager's Office
MOTION: Receive and file.
19D. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES JULY 2016 — SEPTEMBER 2016 {STRATEGIC PLAN NO. 5, 31 -
Community Development Agency
CITY COUNCIL MINUTES 7 NOVEMBER 15, 2016
10A-7
MOTION: Receive and file.
19E. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS
ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER
SECTION 421 (JULY 1, 2016 — SEPTEMBER 30, 2016) {STRATEGIC PLAN
NO. 4, 1} - Finance and Management Services
MOTION: Receive and file.
19F. QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2016
(STRATEGIC PLAN NO. 4, 1 D) - Finance & Management Services
MOTION: Receive and file.
19G. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR OCTOBER 2016
{STRATEGIC PLAN NO. 5, 1} - Public Works Agency
MOTION: Receive and file.
19H. PROJECT OF THE YEAR RECOGNITION BY AMERICAN SOCIETY OF
CIVIL ENGINEERS FOR BRISTOL STREET IMPROVEMENTS PROJECT
PHASE 2, THIRD STREET TO CIVIC CENTER DRIVE {STRATEGIC PLAN
NO. 6, 1 G) - Public Works Agency
MOTION: Receive and file.
191. REQUEST FOR PROPOSALS FOR A ZOO MASTER PLAN {STRATEGIC
PLAN NO. 2, 2E} - Parks, Recreation and Community Services Agency
MOTION: Authorize the Parks, Recreation and Community Services
Agency -Zoo Division to issue a Request for Proposals to qualified
companies to create a Zoo Master Plan.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT ORANGE COUNTY SLINGSHOT
INITIATIVE FUNDS FOR PROGRAM YEAR 2016-17 AND AGREEMENT FOR
WORKFORCE SERVICES, STRATEGIC PLANNING AND PROGRAM
CITY COUNCIL MINUTES 8 NOVEMBER 15, 2016
10A-8
DESIGN FOR THE REGIONAL LOCAL WORKFORCE DEVELOPMENT
BOARDS (STRATEGIC PLAN NO. 2, 4) - Community Development Agency
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2017-054 - Recognizing Orange
County Slingshot Initiative grant funds in the amount of $500,000 in
revenue account and appropriating same to expenditure account.
2. AGMT NO. 2016-308 - Authorize the City Manager and the Clerk of the
Council to execute an agreement with the County of Orange to receive
$500,000 under the Workforce Innovation Opportunity Act, for a term
beginning July 1, 2016 through June 30, 2018, subject to non -
substantive changes approved by the City Manager and City Attorney.
20B. AWARD CONTRACT FOR CONSTRUCTION OF SANTIAGO BIKE TRAIL
RESURFACING FROM MAIN PLACE MALL TO EAST CITY LIMITS
(PROJECT 162667) {STRATEGIC PLAN NO. 6, 1C} - Public Works Agency
and Parks, Recreation and Community Services Agency
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2017-052 - For Fiscal Year 2016-17
to recognize $17,266 from prior year fund balance and appropriate the
same amount into the Residential Acquisition and Development District 2
fund.
2. Award a contract and authorize the City Manager and the Clerk of the
Council to execute a construction contract to NPG, Inc., the lowest
responsible bidder, -in accordance with the base bid plus Additive
Alternates 1 and 5, in the total amount of $66,472, for the term
beginning upon execution of the contract and ending upon project
completion, for construction of the Santiago Bike Trail Resurfacing
project, subject to non -substantive changes approved by the City
Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated project
delivery cost of $79,766, which includes the contract base, Additive
Alternates 1 and 5, administration, inspection, testing, and a $6,647
contingency.
CITY COUNCIL MINUTES 9 NOVEMBER 15, 2016
10A-9
20C. THE SANTA ANA -DELHI CHANNEL DIVERSION PROJECT (PROJECT NO.
16-6467) (STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
1. APPROPRIATION ADJUSTMENT NO. 2017-055 — Recognizing the
receipt of funds, to be deposited into the Federal Clean Water
Enterprise Fund revenue account and appropriating the same into the
Federal Clean Water Enterprise Fund expenditure account, from the
following participating agencies in the stated amounts:
a. Orange County Flood Control District $1,600,000
b. City of Newport Beach $1,500,000
c. Irvine Ranch Water District (design and construction only) $195,000
$3,295,000
2. APPROPRIATION ADJUSTMENT NO. 2017-055— To carry forward a
portion of the Fiscal Year 2013-14 project appropriation, in the amount
of $1,056,950 from the Federal Clean Water Enterprise Fund prior year
fund balance, and appropriate the same amount into the Federal Clean
Water District Fund expenditure account, to complete the City of
Santa Ana's share of the project funding.
3. APPROPRIATION ADJUSTMENT NO. 2017-055 — Recognizing the
receipt of $1,000,000 from the Orange County Water District, due upon
filing the project Notice of Completion, to be deposited into the
Federal Clean Water Enterprise Fund revenue account and,
appropriating the same amount into Federal Clean Water Enterprise
Fund expenditure account.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Authorize a one-time purchase and payment of purchase order
to Wondries Fleet Group in an amount not to exceed $131,840 plus a
contingency of $6,590 for a total amount of $138,430, subject to non -
substantive changes approved by the City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES
SECOND: Benavides
Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
CITY COUNCIL MINUTES 10 NOVEMBER 15, 2016
10A-10
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
22B. SPEC. NO. 16-119 - ZOO ANIMAL FOOD (STRATEGIC PLAN NO. 2, 21 -
Finance and Management Services and Parks, Recreation and Community
Services Agency
MOTION: Award a contract to Midway City Feed Co. for the term
beginning December 1, 2016 through November 30, 2017, in an amount
not to exceed $35,000, with provision for four, one-year renewals
exercisable by the City Manager, subject to non -substantive changes
approved by the City Manager and City Attorney.
PROJECTSICHANGE ORDERS
23B, .
MOTION: Approve a revised Project Cost Analysis that reduces
administration, testing, and inspection costs by $120,000; and increases
the contingency by the same amount from $375,673 to $495,673;
resulting in a net zero change in the original approved construction
delivery cost of $3,255,800.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
MOTION:
CITY COUNCIL MINUTES 11 NOVEMBER 15, 2016
10A-11
1. Award a contract and authorize the City Manager and Clerk of the
Council to execute a construction contract with Excel Paving
Company, the lowest responsible bidder, in accordance with the base
bid in the amount of $876,111, for the term beginning upon execution
of the contract and ending upon project completion, for construction
of the Bishop -Pacific -Shelton Bike Boulevards project, subject to non -
substantive changes approved by the City Manager and the City
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $1,095,140, which includes the construction contract,
administration, inspection and testing, and $87,612 contingency.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
AGREEMENTS
SECOND: Benavides
Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
None (0)
None (0)
Amezcua (1)
25A. AGMT NO. 2016-309 - CODIFICATION OF ORDINANCES AND ON-LINE
PUBLICATION OF THE CITY CODES (STRATEGIC PLAN NO. 5, 1) - Clerk of
the Council Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached agreement with Municipal Code Corporation for a three year
period ending December 31, 2019 in the annual amount not to exceed
$25,000 and total aggregate amount of $75,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
25B. AGMT NO. 2016-310 - INSTALL FIRE -RATED FIXTURES AND SECURITY
DOORS AT CITY HALL EAST SIDE FLOORS 3, 4, 6 & 8 (SURPLUS FUND
ALLOCATION) {STRATEGIC PLAN NO. 6, 1G} - Finance and Management
Services
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with R&S Overhead Doors of So -Cal, Inc. in an amount not
to exceed $56,164, including a contingency of $2,675 for the term of
CITY COUNCIL MINUTES 12 NOVEMBER 15, 2016
10A-12
November 15, 2016 through February 28, 2017, subject to non -
substantive changes approved by the City Manager and City Attorney.
25C. ON-CALL WATER WELL PUMP AND MOTOR REHABILITATION SERVICES
(NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1C & 1F} - Public
Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
agreements for the three-year period beginning November 15, 2016 and
expiring November 30, 2019, with provisions for a two-year renewal
option exercisable by the City Manager and City Attorney, in an
aggregate amount not to exceed $400,000 annually, subject to non -
substantive changes approved by the City Manager and City Attorney,
with the following vendors:
1. AGMT NO. 2016-311 — With Bakersfield Well and Pump Co.,
2. AGMT NO. 2016-312 — With Weber Water Resources, LLC., and
3. AGMT NO. 2016-313 — With San Bernardino General Pump Company,
Inc.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Public Sector Personnel Consultants in an amount not
to exceed $100,000 from November 15, 2016 through November 15, 2017,
subject to non -substantive changes approved by the City Manager and
City Attorney.
MOTION: Martinez
SECOND: Benavides
VOTE: AYES:
Benavides, Martinez, Pulido, Sarmiento, Tinajero (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua, Reyna (2)
25E. PLAN CHECK SERVICES {STRATEGIC PLAN NO. 3, 3) - Planning and
Building Agency
CITY COUNCIL MINUTES 13 NOVEMBER 15, 2016
10A-13
25F
MOTION: Authorize the City Manager and the Clerk of the Council to
execute agreements with an aggregate amount not to exceed $1,000,000,
for a three year term expiring on November 15, 2019, subject to non -
substantive changes approved by the City Manager and City Attorney.
1. AGMT NO. 2016-315 - With Scott Fazekas & Associates, Inc.,
2. AGMT NO. 2016-316 - With CSG Consultants, Inc.,
3. AGMT NO. 2016-317 -Century Structural Engineering Co., Inc., and
4. AGMT NO. 2016-318 — With J Lee Engineering Inc.
MOTION: Martinez
SECOND: Benavides
VOTE: AYES:
Benavides, Martinez, Pulido, Sarmiento, Tinajero (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua, Reyna (2)
HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC
PLAN NOS. 5, 2, 3) - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached Mills Act agreements with the below -referenced property
owners for the identified structures, subject to non -substantive changes
approved by the City Manager and City Attorney.
Property Owner(s)
Historic
Address/House
Recommended
Property
Approval Vote
Preservati
by Historic
on Agmt.
Resource
No.
Commission
on October 6,
2016
1. Herlihy Trust
2016-04
1816 N. Heliotrope
7:0
A-2016-319
Drive
(Hillis House)
2. Troy & Kim
2016-05
1222 West Sharon Road
7:0
Leaming
(Dr. Sammy Lee House)
A-2016-320
3. James C.
2016-07
422 West Santa Clara
7:0
Eckert
Ave.
CITY COUNCIL MINUTES 14 NOVEMBER 15, 2016
1 OA -14
Property Owner(s)
Historic
Address/House
Recommended
Property
Approval Vote
Preservati
by Historic
on Agmt.
Resource
No.
Commission
on October 6,
2016
A-2016-321
Nat Neff House
4. Rosemary Sara
2016-09
2001 North Flower
7:0
Chesters
Street
A-2016-322
(Phillips House)
5. Jason & Jennie
2016-12
2036 North Victoria
7:0
Blonska
Drive
A-2016-323
Leverson House
6. Wayne Suraci
2016-13
1924 North Ross St.
6:0 (Murashie
& Merle Craig
(Chilson House)
abstained)
A-2016-324
7. Marnie
2016-15
2510 North Valencia
7:0
Schnabel
Street
A-2016-325
(Taylor -Oglesby House
8. George Gallian
2016-21
327 E. Washington Ave.
7:0
A-2016-326
(Haley House
9. Oakley William
-
2016-22
2102 North Heliotrope
6:0 (Murashie
Cheney &
Drive
abstained)
Christine
(Kinwald House)
Groves Cheney
A-2016-327
10. George &
2016-24
2030 North Ross Street
7:0
Patricia
(Trawick House)
Camaras
A-2016-328
11.Duane
2016-25
2211 North Ross Street
7:0
Greenleaf
(Gantman House)
A-2016-329
12. Carlos Lopez
2016-26
2527 North French
7:0
A-2016-330
Street
Schlueter House)
'Mayor Pulido, abstained due to proximity to his residence of some of the
homes designed as historic properties and Councilmember Reyna absent;
motion to approve recommendation by 4-0 vote.
25G. AWARD OF SITE LICENSE AND LEASE AGREEMENTS FOR BUS
PASSENGER SERVICES AT THE SANTA ANA REGIONAL
TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C) - Public Works
Agency
MOTION:
CITY COUNCIL MINUTES 15 NOVEMBER 15, 2016
10A-15
1. AGMT NO. 2016-331 - Authorize the City Manager and Clerk of the
Council to execute a site license agreement with Greyhound Lines,
Inc., beginning December 1, 2016, and continuing indefinitely, subject
to termination without cause by either party with seven days' notice,
to compensate the City $60,000 annually for the use of the license
area of two bus bays at the Santa Ana Regional Transportation
Center, subject to non -substantive changes approved by the City
Manager and City Attorney.
2. AGMT NO. 2016-332 - Authorize the City Manager and Clerk of the
Council to execute a three-year site lease agreement with Greyhound
Lines, Inc., for the period beginning December 1, 2016, through
November 30, 2019, with two one-year extension options exercisable
by the City Manager, to compensate the City $38,136 annually for the
lease of interior office space for the provision of bus passenger
services at the Santa Ana Regional Transportation Center, subject to
non -substantive changes approved by the City Manager and City
Attorney.
25H. AGMT NO. 2016-333 — AMENDMENT FOR INMATE MEDICAL SERVICES
{STRATEGIC PLAN NO. 1, 3A} - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
the first amendment with Naphcare, Inc., to include a three percent cost
of living adjustment in the amount of $58,219 for the final year of the
three-year term and a $50,000 contingency, for a new total agreement
amount of $6,030,112, subject to non -substantive changes approved by
the City Manager and City Attorney.
251. AGMT NO. 2016-334 — AMENDMENT FOR ENGINEERING CONSULTING
SERVICES FOR THE FAIRVIEW STREET BRIDGE (PROJECT NO. 156827)
{STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment to the consultant agreement with WKE, Inc., and extend
the term by 36 months for a new expiration date of December 1, 2019,
with no changes to compensation, subject to non -substantive changes
approved by the City Manager and City Attorney.
25J. AGMT NO. 2016-335 - APPROVE PURCHASE AGREEMENT FOR BRISTOL
STREET IMPROVEMENTS, PHASE 3A (PROJECT NO. 136792, NON -
GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a purchase agreement with Tenant -Seller Rodolfo C. Lamas DBA Rey
CITY COUNCIL MINUTES 16 NOVEMBER 15, 2016
10A-16
Income Tax, for tenant interest in the property located at 1111 North
Bristol Street, Suite L, APN 405-274-10, for the full purchase price of said
tenant -interest and goodwill (if any) in the amount of $33,585, subject to
non -substantive changes approved by the City Manager and City
Attorney.
*Councilmember Martinez dissented on Agenda item 25J.
25K. PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITIONS FOR
BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741,
NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public
Works Agency
MOTION:
1. AGMT NO. 2016-336 — Ismael L. Cardona and Raquel Cardona for the
property located at 1241 West Carlton Place (APN 015-232-11), Partial
Acquisition Type, in the amount of $2,150;
2. AGMT NO. 2016-337 — Andrew Gonzalez and Carolina Gonzalez for the
property located at 1241 West Glenwood Place (APN 015-233-11),
Partial Acquisition Type, in the amount of $2,050; and
3. AGMT NO. 2016-338 — With Narciso A. Rivera and Rosa Elvira
Landaverde for the property located at 1305 West Saint Anne Place
(APN 408-335-17), Partial Acquisition Type, in the amount of $10,400.
*Councilmember Martinez dissented on Agenda item 25K.
MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL
MARCHING BAND BOOSTERS TO SUPPORT SANTA ANA HIGH
SCHOOL'S WINTER CONCERT {STRATEGIC PLAN NO. 5, 4) -
Councilmember Amezcua
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the Santa Ana High School Marching Band Boosters
for a one-time donation amount of $1,000, subject to non -substantive
changes approved by the City Manager and the City Attorney.
2913. DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL
MARCHING BAND BOOSTERS TO SUPPORT SANTA ANA HIGH
SCHOOL'S WINTER CONCERT {STRATEGIC PLAN NO. 5, 4) —
Councilmember Reyna
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the Santa Ana High School Marching Band Boosters
CITY COUNCIL MINUTES 17 NOVEMBER 15, 2016
10A-17
for a one-time donation amount of $1,000, subject to non -substantive
changes approved by the City Manager and the City Attorney.
29C. DONATION TO SUPPORT THE SANTA ANA SENIOR CENTER ADVISORY
BOARD'S THANKSGIVING CELEBRATION {STRATEGIC PLAN NO. 5, 4) -
Mayor Pro Tem Sarmiento
MOTION: Approve a donation request from the Santa Ana Senior Center
Advisory Board for a one-time donation in the amount of $500.
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31 A. CONDITIONAL USE PERMIT NO. 2016-29 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION,
CONDITIONAL USE PERMIT NO. 2016-30 TO ALLOW AFTER-HOURS
OPERATION UNTIL 2:00 A.M. AND CONDITIONAL USE PERMIT NO. 2016-
33 TO ALLOW AN ANCILLARY BANQUET USE AT MAJESTY RESTAURANT
LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V - ANDY QUACH,
APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency
Planning Commission approved recommended action on October 10, 2016, by
a vote of 4-0 (Alderete, Gartner, and Verino absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-29, Conditional Use Permit No. 2016-30 as conditioned
and Conditional Use Permit No. 2016-33 as conditioned.
TENTATIVE PARCEL/TRACT MAPS
32A. TENTATIVE PARCEL MAP NO. 2016-03 (COUNTY MAP NO. 2015-187) TO
SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2000 WEST
ALTON AVENUE - JOE TRUXAW, APPLICANT {STRATEGIC PLAN NOS. 3,
2, 5) - Planning and Building Agency
MOTION: Confirm the Zoning Administrators action approving Tentative
Parcel Map No. 2016-03 (County Map No. 2016-187) as conditioned.
**END OF CONSENT CALENDAR**
OATH OF OFFICE ADMINISTERED TO ALBERTO CRUZ, YOUTH COMMISSION
MEMBER
CITY COUNCIL MINUTES 18 NOVEMBER 15, 2016
10A-18
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. APPROVING THE SAFE MOBILITY SANTA ANA PLAN (STRATEGIC PLAN
NO. 5, 6B) — Public Works Agency
The following speakers spoke in support of the matter: Rebecca Cousins and
Gil Salmon.
Staff report presentation by Fred Mousavipour, Executive Director of Public
Works Agency
City Council unanimously supports Plan.
Councilmember Tinajero, thanked Councilmember Martinez for strong support
and steadfast advocacy for traffic safety
Mayor Pulido, noted that some traffic studies are often counterintuitive.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-082 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE SAFE
MOBILITY SANTA ANA PLAN
2. Direct staff to incorporate the findings of the Safe Mobility Santa Ana
Plan into the update of the City's General Plan.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
55B. APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT
ACCEPTING 2016 COMMUNITY ORIENTED POLICING SERVICES (COPS)
CITY COUNCIL MINUTES 19 NOVEMBER 15, 2016
10A-19
HIRING GRANT FUNDS {STRATEGIC PLAN NO. 1, 313; 1, 1F} - Police
Department
Ilya Tseglia and Robert Tseglia spoke under Agenda Item 55B.
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2017-053 - Approve an
appropriation adjustment recognizing $1,250,000 in 2016 COPS Hiring
Grant funds in revenue account, and appropriating same to expenditure
account.
2. Adopt a resolution.
RESOLUTION NO. 2016-083 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL
BUDGET TO ADD TEN FULL TIME POLICE OFFICER POSITIONS IN
THE POLICE DEPARTMENT.
3. AGMT NO. 2016-339 - Authorize the City Manager, the Chief of Police,
and Clerk of the Council to execute the U.S. Department of Justice
Office of Community Oriented Policing ("COP") Services Award
Document and Award Document Supplement for the COPS Hiring
Program.
MOTION: Tinajero SECOND: Reyna
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
ADMINISTRATIVE MATTERS - BUSINESS
65A. ADOPT BYLAWS FOR THE WORKFORCE DEVELOPMENT BOARD
(STRATEGIC PLAN NO. 2, 4A) - Adopt the bylaws for the Santa Ana
Workforce Development Board. - Community Development Agency
Workforce Development Board approved recommended action on October 27,
2016 by a vote of 13-0 (Elliot, Knitter, Lewis, McGowan, Perez, Pwinica, Rose,
and Wadhera absent).
CITY COUNCIL MINUTES 20 NOVEMBER 15, 2016
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MOTION: Adopt the bylaws for the Santa Ana Workforce Development
Board.
MOTION: Martinez
SECOND: Tinajero
VOTE: AYES:
Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua (1)
656. PROVIDE DIRECTION
ON REQUEST FOR PROPOSALS FOR POLICE
DEPARTMENT JANITORIAL SERVICES AND APPROVE A MONTH-TO-
MONTH AGREEMENT {STRATEGIC PLAN NO. 1, 3A) - Police Department
MOTION:
1. Include following in the Police Department's Janitorial Services
Request for Proposals (RFP): Issue an RFP for Police Department
janitorial services that requires all proposers to bid union wages and
benefits.
2. AGMT NO. 2016-340 - Authorize the City Manager and Clerk of the
Council to execute a month-to-month agreement with Santa Fe
Building Maintenance for the maintenance of Santa Ana Police
Department facilities, for the period beginning October 1, 2016, in the
monthly amount of $32,702.62, subject to non -substantive changes
approved by the City Manager and City Attorney.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARING
SECOND: Reyna
Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
None (0)
None (0)
Amezcua (1)
CITY COUNCIL MINUTES 21 NOVEMBER 15, 2016
1 OA -21
75A. RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA
AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT
AND REQUISITE FINDINGS {STRATEGIC PLAN NO. 3, 3C, 5, 2C} - Planning
and Building Agency
Legal Notice published in the Orange County Reporter November 4, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-084 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH
FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY
OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND
CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS
CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE,
CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE,
AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS
AMENDED BY THE STATE OF CALIFORNIA
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2905 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF
THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND
THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING
CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN
BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA
EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY
MAINTENANCE CODE
MOTION: Martinez
SECOND: Tinajero
VOTE: AYES:
Martinez, Pulido, Reyna, Tinajero (4)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua, Benavides, Sarmiento (3)
CITY COUNCIL MINUTES 22 NOVEMBER 15, 2016
1 OA -22
RECESSED THE CITY COUNCIL MEETING TO THE SUCCESSOR AGENCY MEETING
AT 8:19 P.M. AND RECONVENED THE CITY COUNCIL MEETING AT 8:20 P.M. WITH
SAME MEMBERS PRESENT.
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items)
1. Laura Lucas, supports the feeding of homeless in the Civic Center area.
2. William "Billy" Leigh, presented report depicting decline in maintenance around the 2300
block of Oakmont.
3. Gil Salmon, noted that Environmental and Transportation Advisory Committee has had
extensive discussion on trees; also urged the City Council to consider agendizing Ward
specific elections to allow for greater representation.
4. Mario Rafaela, ASB member at Centennial Education Center, spoke in support of the
center at Centennial Park.
5. Chris Schmit, spoke of contract with Chapman University regarding community policies
and community outreach plan.
6. Frank Cortez, thanked the Police Chief for meeting with area residents; requested
additional funding for police department to address prostitution along Harbor Blvd.
7. Cris Gomez, concerned with increased prostitution along Harbor Blvd.; seek assistance
to address the issue.
8. Donahue Farrow, requested consideration for installing speaker and video system along
Harbor Blvd. to curtail prostitution and illegal drug sales; also, indicated that he was
falsely incarcerated.
9. Michael Jankowski, commented on increased prostitution around his neighborhood;
public safety element and need for beautification efforts.
10. Ilya Tseglia, spoke of son's condition and request assistance on matter.
11. Robert Tseglia, echoed comments by his father, Ilya.
90A. CITY MANAGER'S COMMENTS
• Invited all to attend the upcoming Feliz Navidad event to be held in
Downtown Santa Ana on Saturday, November 19th
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Concerned with prostitution and increased mental illness related issues
along Harbor Blvd.; request reinstitution of Police Vice Unit; also, human
trafficking is real problem, need to partner with appropriate agency;
• Spoke of National election and consequences to the City in light of
incoming US President's administration and policy decision to eliminate
CITY COUNCIL MINUTES 23 NOVEMBER 15, 2016
1 OA -23
grants and federal assistance; City to prepare accordingly; City needs to be
in solidarity with the residents of our community and allow them to feel safe;
and
• Wished all a happy Thanksgiving, thanked staff and reflected on many
blessings.
Councilmember Tinajero:
• Asked that staff consider proposal for direct election;
• Congratulated Godinez, Santa Ana and Segerstrom High Schools for
football championships and all competing in second round of playoffs; and
• Reflected on election results, proud that Mayor Pro Tem Sarmiento and
Councilmember Reyna stood up to Police Officers Association; highlighted
changes, transparency and inclusionary changes made in the recent past;
indicated that hiring of City Manager has resulted in budget surplus;
supports direct Ward elections for equal representation; need to exit the jail
contract; phase out of jail business and transfer positions into other
departments; consider police officer schedules to add more officers out on
the street.
Mayor Pro Tem Sarmiento:
• Spoke about election results and negative messaging; all councilmembers
do indeed support police efforts; all politics are local regarding of national
politics; will continue to support our residents
• Optimistic about the future of our community; engagement imperative;
• City waiting for election certification results; City had active Outreach effort;
their vote and voice is vital to continue to move City forward; proud of
efforts to date;
• Citizenship Fair taking place on November 1 gth; and
• Thanked supporters and wished all a blessed Thanksgiving.
Councilmember Reyna:
• Urged all to continue to conserve water;
• Encouraged all to include those less fortunate during Thanksgiving;
• Congratulated the 2nd round of playoff to the 3 high schools mentioned by
Councilmember Tinajero;
• Shop in Santa Ana and invest in your community; and
• Commented on election and fabricated information; asked that voters be
informed.
Councilmember Benavides:
• Spoke of surprising election results at many levels,
• Asked City Manager to bring cancellation of Immigration and Customs
Enforcement (ICE) contract; and
• Consider resolution to support and protect our residents.
Mayor Pulido:
• Asked all to heal after the election and continue to move the City forward;
CITY COUNCIL MINUTES 24 NOVEMBER 15, 2016
1 OA -24
• City Council to consider bringing back programs that had to be cut in the
past; and
• Thanked God for blessings; asked all to be respectful and pledge to make
the City the best it can be.
ADJOURNED - 9:41 p.m. - The next meeting of the City Council is scheduled for
Tuesday, December 6, 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
• Drone Regulations
CITY COUNCIL MINUTES 25 NOVEMBER 15, 2016
1 OA -25
1 OA -26