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Home My WebLink About2016-04-19 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 19, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:14 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern (5:17 p.m.) ANGELICA AMEZCUA (5:20 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:45 p.m.) SAL TINAJERO COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 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: Johnny Quijas v. City of Santa Ana; Workers' Compensation Appeals Board case number ADJ9206861; ADJ9206862; ADJ7688972; ADJ9296613 CITY COUNCIL MINUTES 1 APRIL 19, 2016 Gerald Amende vs. City of Santa Ana; Workers' Compensation Appeals Board case numbers: ADJ8208152; ADJ8208149; ADJ8204984; ADJ9589936; ADJ9591520; ADJ9591521; ADJ8221130 1901 First Street Owner LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC Vicente Rodriguez et al. v. City of Santa Ana Orange County Superior Court Case No. 30-2016-00806655 2. CONFERENCE WITH LEGAL COUNSEL —PENDING LITIGATION pursuant to Section 54956.9(d) of the Government Code: Jose Eduardo Arellano v. City of Santa Ana, United States District Court Case No. SACV14-1886 JVS (DFMx) 3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: 1901 First Street Owner, LLC CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 APRIL 19, 2016 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DR. CURTIS SMITH, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to the following organizations that partnered with the City of Santa Ana to host the 2016 Citizenship Fair: Active Learning; AFL-CIO Immigration Project; Chapman University School of Law; Fullerton College; LDS Santa Ana Spanish Stake; LGBT Center of OC; Loyola Law School; Orange County Communities Organized for Responsible Development; Orange County Labor Federation; Public Law Center; Santa Ana College; Santa Ana Youth & Government; Shertmetal Workers; UC Irvine School of Law; UFCW 324; Unite Here Local 11; Western State College of Law; Whittier Law School. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to the Santa Ana High School Boy's Wrestling Team for capturing the CIF title: CITY COUNCIL MINUTES 3 APRIL 19, 2016 Coaches: Gary Ayon; Edgar Cisneros; Jesse Doyle; Scott Glabb; Isaac Lomeli; Travis Mielke; Gonzalo Perez; Jose Valdivinos; Daniel Woiwor Players: Ronne Alfaro; Ricardo Alvarez; Eduardo Anguiano; Jesus Antunez; Edward Bilezekchian; Alex Blanco; Joey Daniel; Juan Espinoza; Guillermo Guerrero; Andrew Maldonado; Jose Mata; Christian Montes; Ricardo Navarrete; German Prudencio; Miguel Ramos; Anthony Reveles; Ricardo Solorio. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Gloria Alvarado for her outstanding work in community for the last 25-30 years. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Coaching Staff, Team Moms and Boys' Basketball Division Champions from Divisions A, B, C and MM for their participation in the Boys Basketball Program: 1. Division A: Heat: Coaches: Ed Raya; Ignacio Salazar; Players: Abraham Arias; Kevin Baltazar; Angel Berrum; Christian Calderon; Adam Marenco; Daniel Navarro; Kenneth Pham; Ignacio Salazar; Isaiah Tapia; Dillon Taing. Clippers: Coaches: Ryan Ton; Bryan Avila. Spurs: Coaches: Jesus Hurtado; Rigoberto Bautista; Team Mom: Jennifer Solis. Cavaliers: Coaches: Ivan Escamilla; Danyal Aguila; Eddie Aviles; Team Mom: Sandy Aguilar. Raptors: Coaches: Leon Raya; Michael Canada; Chris Mejorada; Team Mom: Pearl Raya. Thunder: Coaches: Valentin Valencia; Jazelle Valencia. Knicks: Coaches: Tom Torres; Pedro Alvarez; Thomas Torres. Bulls: Coaches: Eddie Guzman; Eddie Guzman Jr. Warriors: Coaches: Paul Dominguez; Paul Dominguez Jr. Lakers: Coaches: Richard Salinas; Daniel Estrada. 2. Division B: Lakers: Coaches: Nick Sanchez; Israel Aldana. Players: Osvaldo Alcocer; Joshua Azucena; Jesus Cerda; Marco Cerda; Abel Contreras; Jose David Martinez; Anthony Regalada; Ethan Serrato; Anthony Sierra; Daniel Valencia. Clippers: Coaches: Sergio Klotz; Pedro Pinon. Spurs: Coaches: Juan Almazan; Andres Rubio. Cavaliers: Coaches: Eddie Cueva; Jacob Cueva; Team Mom: Liz Haro. Raptors: Coaches: Jose Lopez; Andrew Lopez. Knicks: Coaches: Heli Guerrero; Abraham Guerrero. Bulls: Coaches: Brian Montes; Anthony Lara. Warriors: Coaches: Raul Ortiz; Angel Castillo; Brianna Sanchez. Heat: Coaches: Tony Ceja Jr.; Tony Ceja Sr. Hornets: Coaches: Victor Espinoza. Sonics: Coaches: Alejandro Nunez; Alan Linzaga. 3. Division C: Heat: Coaches: Jose Espinoza; Johara Garcia. Players: Sebastian Aguilar; Christian Aguilar; Malaki Bush; Mateo Bush; Alex Espinoza; Isaiah Gonzalez; Jesus Guerrero; Isaiah Ibarra; Miguel Montes; Andrew Mora. Cavaliers: Coaches: Pablo Garcia; Roger Gomez; Antonio Lopez. Bulls: Coaches: Rico Guillermo; Martin Valenzuela. Hornets: Coaches: Victor Perez; Erik Canelo. Raptors: Coaches: Art Rea. Thunder: Coaches: Hasheem Hicks. Warriors: Coaches: Angel Almazan. Knicks: Coaches: Bryan Espinoza. Clippers: Coaches: Juan Nunez; Alex Curial. Spurs: Coaches: Alonso Loya; Katie Vasquez; Joseph Loya. Lakers: Coaches: Andres Morales; Steven Martinez; Christian Gardano. CITY COUNCIL MINUTES 4 APRIL 19, 2016 4. Division MM: Heat: Coaches: Antonio Lopez; Ursula Manzo; Angel Lopez. Clippers: Coaches: Angie Linzaga; Pedro Alvarez. Thunder: Coaches: Martel Lopez. Spurs: Coaches: Jaime Marquez; Lauren Ramos. Bulls: Coaches: Pedro De La Riva; Jose De La Riva. Warriors: Coaches: Roger Gomez; Nick Cabrera; Junie Davis. Knicks: Coaches: Eric Chanelo; Oscar Cortez. Lakers: Coaches: Javier Bustillos; Joe Bustillos; Alfred Hernandez. Cavaliers: Coaches: Ron Hickman; Bryan Schunck. Bulls: Coaches: Rudy Hernandez; Roger Gomez. Clippers: Coaches: Victor Fuentes; Nathan Trujillo. Heat: Coaches: Cinthya Gutierrez; Rosie Garcia; Liliana Ned. Spurs: Coaches: John Zelaya; Frank Vizcarra; Ruben Casas; Team Mom: Veronica Mendez. PROCLAMATIONS presented by COUNCILMEMBER TINAJERO to Rick Miller, Superintendent of Santa Ana Unified School District and to the Santa Ana Kiwanis Club for spearheading the Speech and Debate Project; and CERTIFICATES OF RECOGNITION to Alfredo Amezcua, the Speech & Debate 1st Place Students and Coaches for participating in the 1st Annual Santa Ana Unified School District/Kiwanis Speech & Debate Sweepstakes: Coaches: Forrest Barber; Patrick Chang; Hannah Chapman; John Degree; John Henrici; Andrew Pegan; Candy Pelleaux; Ryan Ramirez; Corin Serrano; Kelly Sohner; Susan Whitmire Students: Leslie Alatorre; Cielo Echegoyen; Samantha Lopez; Christie Nguyen; Noemi Portillo; Grace Tinajero; Kaitlyn Vu; Yalena Watrous. AGENDA ITEMS CONSIDERED OUT OF ORDER REPORT 65A. PROPOSAL WITH AMCAL MULTI -HOUSING, INC. FOR THE AWARD OF INCLUSIONARY HOUSING IN -LIEU FEES FOR THE FIRST STREET APARTMENTS PROJECT AND AUTHORIZE THE DRAFTING OF A CONDITIONAL LOAN COMMITMENT LETTER {STRATEGIC PLAN NO. 5, 3A & 3C} -- Community Development Agency MOTION: Consideration of a staff proposal with AMCAL Multi -Housing, Inc. for the award of inclusionary housing in -lieu fees for the First Street Apartments project located at 1440 East First Street in Santa Ana and approve a conditional loan commitment letter in an amount up to $8,900,000.00 that will be contingent on the City's actual receipt of in - lieu fee payments of $9,695,725.60, or a portion thereof, or a cash equivalent to the in -lieu fee payments from Heritage Village OC, LLC. MOTION: Sarmiento SECOND: Amezcua CITY COUNCIL MINUTES 5 APRIL 19, 2016 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) *Councilmember Tinajero returned to the dais. PUBLIC HEARING 75C. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2016-01, AMENDMENT APPLICATION NO. 2016-01, AND ENVIRONMENTAL REVIEW NO. 2016-14 FOR THE FIRST STREET FAMILY APARTMENTS PROJECT PROPOSED AT 1438 AND 1440 EAST FIRST STREET - AMCAL MULTI HOUSING TWO, LLC, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 41 - Planning and Building Agency Legal Notice published in the Orange County Reporter April 8, 2016 and notices mailed on April 7, 2016. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2016-14. 1. Adopt a resolution. RESOLUTION NO. 2016-024 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2016-04, AND GENERAL PLAN AMENDMENT NO. 2016-01 FOR THE PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NZ-2897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE AMCAL MULTI HOUSING TWO, LLC PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET FROM GENERAL COMMERCIAL (C-2) TO SPECIFIC CITY COUNCIL MINUTES 6 APRIL 19, 2016 REPORT W4 DEVELOPMENT NO. 89 (SD-89) (AA NO. 2016-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 89 (SD-89) FOR SAID PROPERTY MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RECEIVE AND FILE COUNCIL UPDATE REGARDING THE SANTA ANA JAIL; AUTHORIZATION TO DRAFT REQUEST FOR QUALICATIONS (RFQ) FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS WITH POLICE OFFICERS ASSOCIATION; & AUTHORIZATION TO CONTINUE DEVELOPMENT OF TRANSGENDER CARE PILOT {STRATEGIC PLAN NO. 1, 4A} - City Manager's Office Staff report presented by City Manager Cavazos: City Council Direction • February 2, 2016 "Deny contract amendment, [1] engage community in developing solutions and request City Manager work with Police Chief in [2] strategizing sustainability of jail without the use of Federal dollars, if not feasible, [3] propose options to terminate jail services." Santa Ana Jail Background • Santa Ana Strategic Plan — Goal 1 — Community Safety - Objective 4 - Strategy A Modify the Santa Ana jail business model and identify short- and long- term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency. • Resulted in per diem increase from $82-$105 a 28% increase — the first increase in eight years. Type II Facility - Opened January 1997 512-bed capacity Current Population (4-11-16): • 344 — Total Jail Population • 189 — I.C.E. Detainees CITY COUNCIL MINUTES 7 APRIL 19, 2016 130- U.S. Marshal Service 21- Bureau of Prisons • 4- Other • Federal Agencies provide 98.8% percent of total population. Timeline of Federal Contracts at Santa Ana Jail • 1994 U.S. Marshals Service contract began at prior jail facility(04/18/1994) • 1997 — INS/ICE detainees booked into Santa Ana Jail • 2006 — ICE enters into their own contract (07/03/2006) • 2015 — Federal Bureau of Prisons contract (11/18/2014) Strategic plan goal to increase revenue Transgender Population Module • In 2012 Santa Ana Jail implemented the first dedicated transgender detainee module in ICE System • Transgender Care Memorandum Distributed by DHS as guidelines for ICE field personnel for appropriate handling for transgender detainees • The Transgender Care and Classification Committee — (TCCC) was incorporated into the Transgender Care Memorandum by ICE in June 2015 and presented to Santa Ana in September 2015. By adopting the TCCC program, SAPID would be the first agency to take into consideration the transgender woman's preferences as it relates to their custody and placement within the facility Status of Transgender Care Discussions & Options • Utilizes the steps taken in the Transgender Care Memorandum With additional language and training requirements Some community groups do not support TCCC without substantial changes • Needs to be reviewed by City of Santa Ana and Immigration and Customs Enforcement • In addition to reaching greater consensus, costs will be evaluated as part of any contract options. • Federal government will not make changes without contract amendment. • DHS — Requests the City's response by June 15t regarding contract Transgender Care and Classification Committee (TCCC) Pilot "[1.] Engage community in developing solutions" Meetings Community Groups March 3, 2016 1, ACLU March 4, 2016 2. De Colores March 7, 2016 3. RAIZ March 17, 2016 4. OCIYU March 30, 2016 5. Transgender Law Center April 4, 2016 6. LA LGBT Center April 6, 2016 7. LGBT Center OC CITY COUNCIL MINUTES 8 APRIL 19, 2016 8. UCI Law Students, 9. Mexican Consulate 10. I.C.E representatives (Local and Federal) 11. La Familia 12. CIVIC 13. Friends of the Orange County Detainees 14. El Centro Cultural de Mexico 15. Santa Ana Building a Healthy Community 16. Human Rights Watch "[2.] Strategizing sustainability of jail without the use of Federal dollars" • Jail Facility Debt $3 million annually through 2024. $24.3 million remaining debt balance • Operating Costs FY 2015/16 Cost $16.6 million • Estimated annual loss without contract $3,000,000 - $5,000,000 • Not financially sustainable without Federal dollars Steps taken to provide fiscal sustainability/future options • Increased per diem from $82 to $105 • Reduced full time staff 2013 — 110 full-time 2016 — 93 full-time and 23 part-time • Reduced debt 2013 $30 million 2015 $24 million • New: Combining of Gay/Bi-Sexual & Transgender Modules Savings of $80,000 in monthly overtime effective April 20, 2016 Individual modules are not feasible without financial assurance. • As of April 14, 2016 there are 31 individuals in the Gay/Bi-Sexual module designed for 64 and 27 individuals in the Transgender Module designed for 64 • Proposed contract for transportation services Tentative City Council approval April 19, 2016 "[3.] Propose options to terminate jail services" - Staff recommends phase -out plan • RFQ for Jail Reuse • Goals: Providing phase -out timeline options Provide re -use options Community & Labor representatives on RFQ selection committee Budget Request $100,000 anticipated costs for consultant Next Steps CITY COUNCIL MINUTES 9 APRIL 19, 2016 1. Issue RFQ 2. Continue Community Engagement 3. Enter into negotiations with Peace Officers Association to potentially offer retirement incentives to full-time staff in the Jail Bureau. 4. Discuss options with Department of Homeland Security regarding the TCCC Pilot for May 17th City Council consideration *Mayor Pulido left the meeting at 7:36 p.m. and did not return. Mayor Pro Tern Sarmiento assumed the Chair. The following spoke on the matter: • Ken Willard, spoke of unfounded allegations of wrongdoing by correctional officers; requested reconsideration of ICE contract that was previously denied by City Councilmembers. • Jaime Manriquez, spoke on behalf of fellow correctional officers about improper practices at the Santa Ana Jail; opined that officers provide safe and secure services to all. • Felice Hernandez, rehabilitation counselor at Santa Ana Jail, spoke in support of jail services and professional services offered. • Michael Don Elgan, teacher at Santa Ana Jail, spoke of better -quality and conditions at the Santa Ana Jail compared to other institutions. • Luis Martinez, mental health advisor, reiterated positive experience and services offered to all inmates. • Charles Goldwasser, attorney representing the Santa Ana Police Officers Association, requested reconsideration of actions taken at the February 2, 2016 City Council meeting regarding the ICE contract. • Cecilia Garcia, applauded efforts by fellow colleagues at the Santa Ana Jail, have been well trained and implemented policies to provide humane services for all inmates. *Councilmember Amezcua, left the meeting at 7:58 p.m. and did not return. • Adrian Silva, spoke of increased crime activity; need to keep citizens safe; supports jail. • John Franks, President of the Santa Ana Police Officers Association, represents Correctional Officers and Supervisors; remarked professionalism of staff; disagree with staff recommendation; need to work together to insure that no employee loses their job. *Councilmember Martinez, left the meeting at 8:06 p.m. and did not return. • Michelle Montreal, Correctional Officer, addressed two points of contention raised at the February 2, 2016 City Council Meeting on discrimination of detainees; assured that staff addresses all needs, developed strict guidelines and practices; Santa Ana location is in close proximity to family of ICE detainees and benefit to City. CITY COUNCIL MINUTES 10 APRIL 19, 2016 • Roger Andrade, correctional officer, proud of service available at site; asked to reconsider position on ICE Contract and all implications including discharge of staff. • Jorge Gutierrez, Executive Director of Familia Trans Queer Liberation Movement, pledged to rid ICE contract in Santa Ana; indicated that National attention on the matter. • Angela Pereira, spoke of undignified services at Santa Ana Jail; requested mental health services. • Christina Lopez, recounted negative experience and denial of services because she is a transgender woman. • Lou Correa, expressed support for police officers; asked that layoffs not be option for considered; support federal immigration reform; consider win -win solution. • Jessica Letong, spoke of mistreatment of transgender people, urged closure of Santa Ana Jail. • Roberto Herrera, organizer of De Colores Organization of Orange County, asked that long term and short term solutions be considered to get out of the jail business - exercise the 90 termination clause; investment in youth and address homeless issue. • Hairo Cortes, representing Orange County Immigrant Group Youth United for undocumented youth, spoke of persecution and exploitation of undocumented immigrants; urged to cancel contract with ICE. • Avila Medano, Community Engagement Advocate for Resistencia Autonomia Igualdad Liderazgo (RAZZ), confirmed that Santa Ana is a safe haven for her and many in the City; do not dehumanize communities by detaining undocumented immigrants and opposed to profit making to fulfill deficit. Mayor Pro Tern Sarmiento announced that matter would be recessed to consider approval of Consent Calendar and other routine matters because quorum may be lost. CLOSED SESSION REPORT — City Attorney Carvalho noted reportable actions (included as part of Agenda Item 19A in Consent Calendar). CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31 E, with the following modifications: • Councilmember Benavides pulled Agenda Items 19F, 25D and 31C for separate action; • Mayor Pro Tem Sarmiento pulled Agenda Item 25C for separate action; and • Mayor Pro Tern Sarmiento requested continuance of Agenda Items 11A, 20A, 20B and 20C to the May 3, 2016 City Council Meeting; motion to continue by CITY COUNCIL MINUTES 11 APRIL 19, 2016 Councilmember Benavides, seconded by Reyna and approved by 4-0 vote (Amezcua, Martinez and Pulido absent). MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) Items nmbued for separate action or modified are highlighted. Separate actions show the actual vote. _ Items without: votes_ are adopted as part of theoiasent mofiori ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 5, 2016 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ORDINANCE - SECOND READING: AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REGARDING UNARMED GUARDS; ESTABLISHING REGULATORY SAFETY PERMIT APPLICATION DEADLINES; AND PROHIBITING ISSUANCE OF REGULATORY SAFETY PERMIT APPLICATIONS TO NARCOTIC REGISTRANTS {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Placed on first reading at the April 5, 2016 City Council meeting and approved by a vote of 5-0 (Pulido and Tinajero absent). Published in the Orange County Reporter on April 8, 2016. CITY COUNCIL MINUTES 12 APRIL 19, 2016 MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting. BOARDS I COMMISSIONS I COMMITTEES 13A. AGENDA AND MINUTES FROM THE MARCH 28, 2016 SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA JOINT POLICY COMMITTEE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. 13B. APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD — PRIVATE SECTOR REPRESENTATIVES {STRATEGIC PLAN NO. 5, 11 — Community Development Agency Workforce Investment Board approved recommended action on March 17, 2016, by a vote of 14-0. MOTION: Appoint William McGowan, Partner, Barrett Business Services Inc., and Barbara Smith, General Manager, Holiday Inn Santa Ana Orange County Airport to the Workforce Investment Board, representing local area businesses for a partial -term expiring March 31, 2018, replacing Robert Fischer and Bea Gonzalez. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlements, as follow: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • Johnny Quiias v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9206861; ADJ9206862; ADJ7688972; ADJ9296613; Settlement agreement approved in the amount of $132,471 by 4-0 vote (Amezcua and Reyna absent and Mayor Pro Tern Sarmiento abstained due to potential conflict of interest). • Gerald Amende v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8221130; ADJ8208152; ADJ8208149; ADJ8204984; ADJ9589936; ADJ9591520; ADJ9591521; Approve settlement in the amount of $215,705.11, approved 5-0 vote (Reyna absent and Amezcua abstained). CITY COUNCIL MINUTES 13 APRIL 19, 2016 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: • 1901 First Street Owner, LLC; Authorized staff to enter into a Tolling Agreement; approved by unanimous vote. (A-2016-222) * 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2O16 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. 19D. CITY OF SANTA ANA GENERAL PLAN UPDATE - STATUS REPORT {STRATEGIC PLAN NO. 3, 2A} — Planning and Building Agency MOTION: Receive and file. 19E. 2016-2017 ANNUAL ACTION PLAN — FUNDS FOR AFFORDABLE AND SUPPORTIVE HOUSING, COMMUNITY DEVELOPMENT PROGRAMS, PUBLIC SERVICES, AND ECONOMIC DEVELOPMENT {STRATEGIC PLAN NO. 5, 11 - Community Development Agency 19F. Community Redevelopment and Housing Commission approved recommended action on March 23, 2016 by a vote of 5-0 (A. Garcia absent) MOTION: 2. Approve the Fiscal Year 2016-2017 Annual Action Plan. 2. Authorize the submission of the Fiscal Year 2016-2017 Annual Action Plan to the United States Department of Housing and Urban Development. - FUNDS FOR 1 E) Parks, Councilmember Benavides, commended Youth Commissioners for efforts and leadership to promote safety. MOTION: Receive and file. CITY COUNCIL MINUTES 14 APRIL 19, 2016 MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 19G. SANTA ANA PUBLIC LIBRARY LOGO CONTEST RESULTS {STRATEGIC PLAN NO. 2, 3C} - Parks, Recreation & Community Services Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT TO IMPLEMENT THE ORANGE COUNTY PARTNERSHIP TO IMPROVE COMMUNITY HEALTH GRANT PROJECT {STRATEGIC PLAN NO. 5, 4B} - Public Works Agency MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting, 20B. APPROPRIATION ADJUSTMENT, COOPERATIVE AGREEMENT AND AMENDMENT TO THE FISCAL YEAR 2015-2016 CAPITAL IMPROVEMENT PROJECT (CIP) FOR THE SANTA ANA DELHI DIVERSION PROJECT (NONGENERAL FUND) (PROJECT NO. 16-6467) {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting. 20C. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR PROFESSIONAL ENGINEERING SERVICES TO IDENTIFY ALTERNATIVE INFRASTRUCTURE STORM DRAIN IMPROVEMENTS (PROJECT 16-6608) {STRATEGIC PLAN NO. 6, 1 F} - Public Works Agency CITY COUNCIL MINUTES 15 APRIL 19, 2016 MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16-029 - CITYWIDE GENERAL MAINTENANCE SERVICES {STRATEGIC PLAN NO. 6, 1C} (Public Works Agency) - Finance & Management Services MOTION: 1. Reject the bid from Orange County Contractors Services as nonresponsive. 2. Award a contract to Quality Fence Co., Inc. for citywide general maintenance services for a one-year period expiring April 30, 2017, with provisions of four one-year renewals exercisable by the City Manager, in an annual amount not to exceed $45,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 16-054 — PURCHASE AND INSTALLATION OF CHILLER AND HEATING -VENTILATION -AIR CONDITIONING EQUIPMENT AT THE GRAND CENTRAL ARTS CENTER {STRATEGIC PLAN NO. 6, 1G & 2A} (Community Development Agency) - Finance & Management Services Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: Authorize a one-time purchase and payment of purchase order to Ontario Refrigeration Services, Inc. for the purchase and installation of chiller system and related heating -ventilation -air conditioning equipment at Grand Central Arts Center in an amount not to exceed $435,320 that includes a 10 percent contingency, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 16-047 - VMWARE MAINTENANCE SUPPORT — SPECIALIZED SOFTWARE ENABLING ONE PHYSICAL SERVER TO RUN MULTIPLE VIRTUAL COMPUTER SERVERS {STRATEGIC PLAN NO.6, 1F} - (Information Technology Department) - Finance & Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Kambrian Corporation in an amount not to exceed $44,300, CITY COUNCIL MINUTES 16 APRIL 19, 2016 subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT TO ASPLUNDH CONSTRUCTION CORP. FOR HARBOR BOULEVARD CORRIDOR TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. 15-6828) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Asplundh Construction Corp., the lowest responsible bidder, in accordance with the base bid plus Alternates I, II, III, IV, and V, in the amount of $1,170,984, for the term beginning upon execution of the contract and ending upon project completion, for the Harbor Boulevard Traffic Signal Improvements project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,358,200, which includes the contract base plus additive Alternates I, II, III, IV and V; administration; inspection; testing; and an authorized contingency of $116,896. AGREEMENTS 25A. EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) FUNDING FOR FISCAL YEAR 2016-2017 {STRATEGIC PLAN NO. 5, 61 - Community Development Agency MOTION: 1. Approve the Fiscal Year 2016-2017 Emergency Solutions Grant Program funding allocation. 2. Authorize the City Manager and the Clerk of the Council to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non-profit organizations and/or sub -recipients awarded funds as part of the approved program in the amount of $489,202 for a term beginning July 1, 2016 through June 30, 2017, subject to non -substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2016-061 —With 211 OC in an amount of $30,000, CITY COUNCIL MINUTES 17 APRIL 19, 2016 • AGMT NO. 2016-062 — With City Net in an amount of $50,000, • AGMT NO. 2016-063 — With Grandma's House in an amount of $25,000, • AGMT NO. 2016-064 — With Illumination Foundation in an amount of $105, 000, • AGMT NO. 2016-065 — With Interval House in an amount of $35,000, • AGMT NO. 2016-066 — With Mercy House in an amount of $86,511.85, • AGMT NO. 2016-067 — With Public Law in an amount of $36,500, • AGMT NO. 2016-068 — With SAPID HEART in an amount of $35,000, • AGMT NO. 2016-069 — With WISE Place in an amount of $23,500, • AGMT NO. 2016-070 — With Thomas House in an amount of $12,000, and • AGMT NO. 2016-071 — With WTLC in an amount of $14,000 25B. AGMT NO. 2016-072 - AQUATIC ENGINEERING SERVICES TO REHABILITATE CENTENNIAL PARK LAKE (PROJECT NO. 16-2657) {STRATEGIC PLAN NO. 6,1F) - Public Works Agency and Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Dudek, Inc. for a one-year term beginning April 20, 2016, through April 19, 2017, with provision for two one-year term extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $55,000 including a 10% contingency over the life of the agreement subject to nonsubstantive changes approved by the City Manager and City Attorney. AND ANIMP �L NO. 1, 5}- ORANGE ;COUNTY :ANIMAL FOR 2016-2b26 `{ I RATE,("IFC Mayor Pro Tern Sarmiento, requested continuance of matter to have more robust discussion when all members of the City Council present. City Manager Cavazos, indicated that County of Orange has requested approval by April 30, 2016 to move forward with construction of new shelter. Councilmember Benavides, concerned that matter bound by time constraints and City needs to provide services; asked for all options and funding source. City Manager Cavazos, noted that staff has reviewed all options; staff recommendation is best for City; funding is related to usage. Mayor Pro Tern Sarmiento, reluctant to support item; concerned with operation of some County agencies; asked if City's will have authority. CITY COUNCIL MINUTES 18 APRIL 19, 2016 City Manager Cavazos, noted that City Managers Association are part of committee and assured that City has role and safety nets in place. MOTION: 1. AGMT NO. 2016-073 - Authorize the City Manager and Clerk of the Council to execute a ten-year participation agreement with the County of Orange for the construction of a new County animal shelter, for the period of April 19, 2016 through July 1, 2026, in an amount not to exceed $7,141,377, subject to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2016-074 - Authorize the City Manager and Clerk of the Council to execute a ten-year agreement with the County of Orange for the provision of animal care and shelter services, for the period of April 19, 2016 through June 30, 2026, in an amount not to exceed $12,305,730, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 25D. AGMT NO. A-2016-075 - COMMUNITY BRANDING AND MARKETING SERVICES {STRATEGIC PLAN NO. 3, 1E} {SURPLUS ALLOCATION FUNDING} City Manager's Office Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. Councilmember Benavides, excited to have top firm assist City with branding efforts. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with North Star Destination Strategies, Inc. to develop a citywide community branding strategy for a two year period, terminating on April 18, 2018, in the amount not to exceed $148,500, which includes a 10% contingency, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 19 APRIL 19, 2016 MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 25E. AGMT NO. 2016-076 - PARKING LEASE AT 308 NORTH MAIN STREET {STRATEGIC PLAN NO. 3, 4B) - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to renew the agreement with Apostolic Assembly of the Faith in Christ Jesus, Inc. for the first renewal period of April 1, 2016 through March 31, 2017, subject to non -substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2016-077 - SPONSORSHIP OF THE CINCO DE MAYO EVENT {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Straub Distributing Co. in the amount of $20,000, for a term from April 19, 2016 through May 31, 2016, subject to non -substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2016-078 - PRISONER TRANSPORT SERVICES FOR SANTA ANA JAIL INMATES AND ARRESTEES {STRATEGIC PLAN NO. 1,3A} — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with In -Custody Transportation Service, Inc. for a three year period beginning May 1, 2016 through April 20, 2019, in an amount not to exceed $410,544, subject to non -substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2016-079 - PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE IV (PROJECT NO. 116741 NONGENERAL FUND) - (STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency CITY COUNCIL MINUTES 20 APRIL 19, 2016 MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, with property owner Rocio Rodriguez Valle, for the property commonly known as or located at 1301 West Carlton Place (APN 408-332-18), for the full purchase price for said real property and goodwill (if any), in the amount of $450,000. 251. AGMT NO. 2016-080 - PROVIDE SOFTWARE SUPPORT AND MAINTENANCE FOR THE CITY'S WATER PRODUCTION FACILITIES SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA) [NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1C} - Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Kapsch TrafficCom USA, Inc., to provide software support and maintenance for the City's water production facilities Supervisory Control and Data Acquisition System, for the term beginning April 20, 2016 through December 31, 2018, in an amount not to exceed $50,000 per year, for a total not -to -exceed amount of $150,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 25J. AGMT NO. 2016-081 - AMENDMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES {Strategic Plan Nos. 1 through 7} - City Manager's Office MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Holland & Knight to expand the scope of services for federal government liaison services, increase the compensation by $4,200 ($1,400 per month), retroactive to April 1, 2016 to June 30, 2016 for a total annual cost not to exceed $117,600, with an option of a one-year renewal exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 25K. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE IIIA (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the full purchase price for real property commonly known as or located at listed below, and goodwill (if any), with the following property owners: CITY COUNCIL MINUTES 21 APRIL 19, 2016 • AGMT NO. 2016-082 — With Tina Marie Estrada; property known and located at APN 405-262-27 in an amount of $290,000; • AGMT NO. 2016-083 — With Tina Marie Estrada, 1003 N. Bristol Street (APN 405-262-28) ) in an amount of $464,000; • AGMT NO. 2016-084 — With That Van Dinh & Kiem Cucthi Tran, 1005 N. Bristol Street (APN 405-262-29), in an amount of $450,000; • AGMT NO. 2016-085— With Hyunsik E. Choi & Jennifer Y. Cho, 917 N. Bristol Street (APN 405-262-25) in an amount of $480,000; • AGMT NO. 2016-086 — With Stephanie Vandai Tonnu, 1301 W. 10th Street (APN 004-121-18) in an amount of $540,000; • AGMT NO. 2016-087 — With Oscar Culp and Ruth E. Culp, 1302 W. 12th Street (APN 004-112-35) in an amount of $435,000; • AGMT NO. 2016-088 — With Jose B & Cira G Trujillo, 1307 W. 10th Street (APN 004-121-12) in an amount of $480,000 • AGMT NO. 2016-089 — With Jose Sergio Bravo, Marco Antonio Bravo & Martin Silvestre Bravo, 1305 W. 12th Street (APN 004-113-19) in an amount of $430,000; and • AGMT NO. 2016-090 — With Lan Phuong Thi Tran, 1009 N Bristol (APN 405-262-30) in an amount of $500,000 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2016-03 TO ALLOW A FOOD COMMISSARY AND FOOD TRUCK TERMINAL AT 2419 SOUTH BROADWAY — ARAFAT ABDELKARIM, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on March 28, 2016, by a vote of 6-0 (Gartner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016-03 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2016-04 TO ALLOW A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE AT THE BLINKING OWL DISTILLERY LOCATED AT 802 EAST WASHINGTON AVENUE — BRIAN CHRISTENSON, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4) - Planning and Building Agency Planning Commission approved recommended action on March 28, 2016, by a vote of 6-0 (Gartner absent). CITY COUNCIL MINUTES 22 APRIL 19, 2016 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016-04 as conditioned. Planning Commission approved recommended action on March 28, 2016, by a vote of 6-0 (Gartner absent). Councilmember Benavides, noted that correspondence received; would like to encourage partnership with faith based organizations; hold establishments to high standards as it relates to landscape and fagade improvements — need to bring added value to the community. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016-06 as conditioned. MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 31D. CONDITIONAL USE PERMIT NO. 2016-07 TO ALLOW A CARL'S JR RESTAURANT WITH DRIVE -THROUGH WINDOW SERVICE AT 3325 SOUTH HARBOR BOULEVARD — DAVE LUXTON, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on March 28, 2016, by a vote of 6-0 (Gartner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016-07 as conditioned. 31E. VARIANCE NO. 2016-02 TO ALLOW A REDUCTION IN STREET FRONTAGE FOR A NEW COMMERCIAL BUILDING AT 5105 WEST FIRST CITY COUNCIL MINUTES 23 APRIL 19, 2016 STREET - GEORGE BEHNAM, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on March 28, 2016, by a vote of 6-0 (Gartner absent). MOTION: Receive and file the staff report approving Variance No. 2016- 02 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE PROGRAM (STRATEGIC PLAN NO. 3, 3C) - Community Development Agency Matter continued for consideration 30 days from the November 3, 2015 City Council meeting by a vote of 7 - 0. Matter continued from the December 1, 2015 to the January 19, 2016 City Council meeting at the request of staff. Consideration of matter continued from the January 19, 2016 City Council meeting by a vote of 6-0 (Amezcua absent). MOTION: Continue consideration of matter at the request of staff. MOTION: SECOND: VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. RESOLUTION AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR CALRECYCLE PAYMENT PROGRAM FUNDS {STRATEGIC PLAN NO. 5, 21 - Public Works Agency MOTION: Adopt a resolution. CITY COUNCIL MINUTES 24 APRIL 19, 2016 REPORTS 65A. RESOLUTION NO. 2016-023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORK AGENCY TO SUBMIT APPLICATIONS FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) CONSIDERED OUT OF ORDER CONSIDERED OUT OF ORDER PUBLIC HEARINGS 75A. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1607 NORTH BRISTOL STREET (APN 405-252-22) FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6,1,G & 3,2,C) - Public Works Agency Consideration of item continued from the March 15, 2016 City Council meeting by a vote of 6-0 (Martinez absent). Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on March 24, 2016. Mayor Pro Tern Sarmiento opened the Hearing; there were no speakers and the Hearing closed. MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting. CITY COUNCIL MINUTES 25 APRIL 19, 2016 MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 75B. PUBLIC HEARING - ADOPTION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER 8 {STRATEGIC PLAN NO. 5, 4E} - Planning and Building Agency Legal Notice published in the Orange County Reporter April 8, 2016. Mayor Pro Tern Sarmiento opened the Hearing. The following spoke on the matter: • Ray Maggi, founding member of original PREP program; expressed concerns with new program proposed by staff. o Staff directed to meet with resident. Mayor Pro Tem Sarmiento, closed the Public Hearing. MOTION: Continue consideration of matter to the May 3, 2016 City Council Meeting. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) 75C. CONSIDERED OUT OF ORDER 75D. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF NOVA ACADEMY EARLY COLLEGE HIGH SCHOOL AND CITY COUNCIL MINUTES 26 APRIL 19, 2016 RESOLUTION APPROVING THE ISSUANCE OF BONDS {STRATEGIC PLAN NO. 3, 2} — Community Development Agency Legal Notice published in the Orange County Reporter April 8, 2016 and notices mailed on April 7, 2016. MOTION: Consideration of matter continued to a future meeting per staff's request. MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Martinez, Pulido (3) AGENDA ITEM CONSIDERED OUT OF ORDER REPORTS 65B. RECONVENED CONSIDERATION OF MATTER - RECEIVE AND FILE COUNCIL UPDATE REGARDING THE SANTA ANA JAIL; AUTHORIZATION TO DRAFT REQUEST FOR QUALICATIONS (RFQ) FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS WITH POLICE OFFICERS ASSOCIATION; & AUTHORIZATION TO CONTINUE DEVELOPMENT OF TRANSGENDER CARE PILOT {STRATEGIC PLAN NO. 1, 4A} - City Manager's Office The following speakers spoke on the matter: • Lupita Rolon, member of OCYOU, opposed to ICE contract and detention of transgender people. • Fabiola Jacouse-Avila, Deportation Defense Organizer with Orange County Immigrant Youth United, concerned with treatment and well-being of ICE detainees. • Jonathan Bibriesca, Statewide Coordinator for California Youth Justice Alliance, spoke in support of AB1289 to end private detention centers; urged closure of Santa Ana Jail to send message across the State and Nation. • Pat Coyle, instructor at Jail, opined that human behaviors may be changed and all deserve opportunities; spoke of series of services, classes and accommodations available. CITY COUNCIL MINUTES 27 APRIL 19, 2016 • Laura Kanter, Director of Policy Advocacy and Youth Services at LGBT Center in Orange County, requested human dignity; not attacking correctional officers; believe that ICE not prepared to handle transgender woman and demand that ICE work to implement policies and programs that are less costly than detention; Santa Ana to end contract. Mayor Pro Tern Sarmiento, reported that Councilmember Benavides not feeling well and City Council meeting would be losing quorum. City Attorney Carvalho, indicated that if quorum lost, all pending matters would be continued to another meeting; less than a quorum can consider speakers but direction or comments from City Council should not be considered until all speakers heard. City Manager Cavazos, noted that matter may be continued to May 17, 2016 with whole new set of options presented for consideration. Councilmember Tinajero, requested meeting be adjourned; councilmembers may communicate with City Manager directly on the matter and not collectively to avoid Brown Act violations. MOTION: Adjourn meeting due to impending loss of quorum. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: WORK STUDY SESSION SECOND: Benavides Benavides, Reyna, Sarmiento, Tinajero (4) None (0) None (0) Amezcua, Martinez, Pulido (3) WSA. CITY MANAGER FIVE YEAR FORECAST (FY 16-17 — FY 20-21) AND FISCAL YEAR 2016-17 TRIAL BUDGET — Finance and Management Services City Manager Cavazos, reported that community budget presentations would continue as scheduled. PUBLIC COMMENTS — The following speaker cards were received, but not heard due to loss of quorum: Ashley Collins, Sandra Pocha Pena, James Kendricks, Ilya Tseglia, Robert Tseglia, and Mario Morales. CITY COUNCIL MINUTES 28 APRIL 19, 2016 ADJOURNED- 9:16 P.M. - The next meeting of the City Council is scheduled for Tuesday, May 3, 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 • Budget Approved Fiscal Year 2016-2017 • 2016 General Election • Economic Development Strategic Plan • General Plan Update, tentatively scheduled for February 2018 CITY COUNCIL MINUTES 29 APRIL 19, 2016