HomeMy WebLinkAbout10A - MINUTES 3-21-17MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 21, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:09 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:15 P.M.)
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
MICHELE MARTINEZ, Mayor Pro Tern
SAL TINAJERO
STAFF Present:
GERARDO MOUET, Acting City Manager
JOHN FUNK, Assistant City Attorney
MARIA D. HUIZAR, Clerk of the Council
Quorum was established thru presence of Councilmembers Benavides, Sarmiento, Solorio
and Villegas.
MOTION: Elect Councilmember Benavides as Chair (pursuant to SAMC 2- 101
due to unavailability of Mayor and Mayor Pro Tem).
MOTION: Sarmiento
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
PUBLIC COMMENTS - None
SECOND: Villegas
Benavides, Sarmiento, Solorio, and Villegas (4)
None (0)
None (0)
Martinez, Pulido, Tinajero (3)
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COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 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 -- POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision
(d) of Section 54956.9 of the Government Code: One case.
2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
CLAIMANT: Amri Sato, Claim No. 2016 -093
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Santa Ana Police Officers Association
(POA)
Santa Ana Police Management Association
(PMA)
Service Employees' International Union
(SEIU) Full -Time Employees
4. PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, EVALUATION OF
PERFORMANCE, DISCIPLINE, OR DISMISSAL /RELEASE OF A PUBLIC
EMPLOYEE OR TO HEAR COMPLAINTS OR CHARGES BROUGHT
AGAINST THE EMPLOYEE BY ANOTHER PERSON OR EMPLOYEE UNLESS
THE EMPLOYEE REQUESTS A PUBLIC SESSION pursuant to Section
54957(b)(1) of the Government Code:
Title: Acting /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.
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CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:46 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO (6:06 P.M.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
MICHELE MARTINEZ, Mayor Pro Tern
STAFF Present:
GERARDO MOUET, Acting City Manager
SONIA R. CARVALHO, City Attorney (6:58 P.M.)
MARIA D. HUIZAR, Clerk of the Council
KATHERINE QUIROZ, CESAR E. CHAVEZ HIGH
SCHOOL
POLICE CHAPLAIN DOUG HARDIN
SPECIAL PRESENTATION - Orange County Water District's presentation of Groundwater
Basin and Upcoming Projects presented by John Kennedy, Executive Director of Engineering
and Water Resources, Engineering and Local Resources.
PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by
COUNCILMEMBER SARMIENTO to the Orange County Labor Federation, Planned
Parenthood and coordinators of the OC Women's March in recognition of National Women's
History Month.
PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO
to Cal State Fullerton's Women, Politics, and Activism Project in recognition of National
Women's History Month.
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CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Relay
for Life of Santa Ana for their outstanding contributions to the community.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the
leaders of Casa de Santiago Neighborhood Association for their outstanding contributions to
the community: Terry McCall, Joanna Peterson, Diane William, Gavin William.
PROCLAMATION presented by COUNCILMEMBER SOLORIO declaring March 31st as
Cesar Chavez Day and CERTIFICATES OF RECOGNITION to the following individuals for
promoting his legacy in the community: Matthew Cruz, David Fey, Seferino Garcia, Juan
Osuna, Alfonso Rodriguez and Ross Romero, Judith Serafini.
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
AGENDA ITEMS CONSIDERED OUT OF ORDER
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items
on the City Council Agenda to be considered by the City Council.
85A. DIRECT STAFF TO ESTABLISH AN INDEPENDENT REVIEW OR CITIZEN
REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES
AND POLICIES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL —
MAYOR PRO TEM MARTINEZ
MOTION: Continue matter to allow author of item to be present.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
ORDINANCES /SECOND READING
SECOND: Solorio
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
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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.
*Mayor Pulido abstained on Agenda Item I IA out of an abundance of caution and left the dais
during discussion and deliberation on said item. Councilmember Sarmiento attained the
Chair and presided over matter.
11A. SECOND READING ORDINANCE: REGULATE MOBILE FOOD VENDING
VEHICLES (STRATEGIC PLAN NO 5, 1) — Planning and Building Agency
Placed on first reading at the March 7, 2017 City Council meeting and approved
by a vote of 5 -0 (Pulido abstained and Sarmiento absent).
Published in the Orange County Reporter on March 10, 2017.
Councilmember Sarmiento and Tinajero suggested a continuance to allow
additional time to address concerns and also allow all members to be present
and deliberate on matter.
MOTION: Continue matter to the April 18, 2017 City Council Meeting. (30
day continuance).
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
*Mayor Pulido attained the Chair.
SECOND: Benavides
Benavides, Sarmiento, Solorio, Tinajero, Villegas
(5)
None (0)
Pulido (1)
Martinez (1)
PUBLIC COMMENTS
Irma Jauregui, spoke in support of Agenda Item 23A.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
Items 10A through 31A, with the following modifications:
i Mayor Pulido pulled Agenda Item 25J for separate discussion;
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• Councilmember Benavides requested an excused absence for Mayor Pro Tern
Martinez; and
• Councilmember Benavides pulled Agenda Item 25A for separate discussion.
• Agenda Item 20A considered out of order; requires five affirmative votes.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Pulido, Sarmiento, Villegas (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Solorio, Tinajero (3)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF MARCH 7, 2017 {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. CONSIDERED OUT OF ORDER
BOARDS / COMMISSIONS / COMMITTEES
13A. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVE TO THE ENVIRONMENTAL AND TRANSPORTATION
ADVISORY COMMITTEE FOR A FULL -TERM EXPIRING DECEMBER 15,
2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Appoint Michael Macres to the Environmental and
Transportation Advisory Committee (Ward 1 resident; replacing D. Reyes).
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13B. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL -TERM
EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
MOTION: Reappoint Maria Isabel Rivera to the Personnel Board (Ward 1
resident).
13C. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5
REPRESENTATIVE TO THE ENVIRONMENTAL AND TRANSPORTATION
ADVISORY COMMITTEE FOR A FULL -TERM EXPIRING DECEMBER 15,
2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Appoint Miguel A. Gonzalez to the Environmental and
Transportation Advisory Committee (Ward 6 resident; replacing I.
Calvario).
13D. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5
REPRESENTATIVE TO THE ARTS AND CULTURE COMMITTEE FOR A
FULL -TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) -
Clerk of the Council Office
MOTION: Appoint Jessica B. Cha to the Arts and Culture Committee (Ward
1 resident; replacing M. Alvarado).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement as follow:
AGMT NO. 2017 -048 - LIABILITY CLAIMS pursuant to section 54956.95 of the
Government Code: CLAIMANT: Amri Sato, Claim No. 2016 -093, in the amount
of $150,000 approved by 4 -0 vote (Pulido, Tinajero and Martinez absent).
1913. EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Mayor Pro Tern Martinez from said
meeting.
19C. STRATEGIC PLAN MONTHLY REPORT FOR FEBRUARY 2017 {STRATEGIC
PLAN NO. 5, 1) - City Manager's Office
MOTION: Receive and file.
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BUDGETARY MATTERS
APPROPRIATION ADJUSTMENT
MOTION:
1. Authorize emergency repairs to the Third and Birch Parking Structure,
the First Street Bridge over the Santa Ana River, the Safety Wall
adjacent to the railroad tracks near Lincoln Avenue and Beechwood
Street, and a City- owned, 20- foot -wide drainage channel located at the
rear of 4080 First Street.
2. Award a contract to Arnaz Engineering Contractors, Inc., to perform the
urgent repairs to the four locations identified above, with all four repairs
to be performed on a time - and - materials basis in the total amount not to
exceed $220,000, subject to non - substantive changes approved by the
City Manager and the City Attorney.
3. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2017 -103 - Recognizing $30,000
from prior year fund balance in the Local Drainage Area Fund 221 revenue
account, and appropriating the same amount into the Local Drainage Area
Fund 221 expenditure account.
MOTION: Benavides SECOND: Solorio
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
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22A. SPEC. NO. 17 -019 - CONTRACT AWARDS FOR SAFETY SHOES
{STRATEGIC PLAN NO. 7, 4} - Finance and Management Services; Public
Works Agency and Parks Recreation and Community Sevices
MOTON: Award contracts a one -year period expiring March 31, 2018, with
provision for four one -year renewals exercisable by the City Manager and
City Attorney, in annual aggregate amount not to exceed $50,000, subject
to non - substantive changes approved by the City Manager and City
Attorney with the following vendors:
Vendor
Location
Industrial Safety Shoe Company
Santa Ana
Red Vying Shoe Store
Santa Ana
Shoeteria
Orange
22B. SPEC. NO. 17 -027 - CONTRACT AWARD FOR BARRACUDA DATA BACKUP
AND SERVER MAINTENANCE {STRATEGIC PLAN NO. 6, 21 - Finance and
Management Services; and Information Technology Department
MOTION: Authorize a one -time purchase and payment of purchase order
to CPAC, Inc. in the amount of $170,600, subject to non - substantive
changes approved by the City Manager and City Attorney.
23A. AWARD CONTRACT FOR CONSTRUCTION OF THE PACIFIC ELECTRIC
PARK PROJECT (PROJECT NO. 14 -7513) {STRATEGIC PLAN NO. 6, 1G) -
Public Works Agency; Parks, Recreation and Community Services Agency; and
Community Development Agency
MOTION:
1. Award a contract and authorize the City Manager and the Clerk of the
Council to execute a construction contract with Lehman Construction,
Inc., the lowest responsible bidder, in accordance with the base bid in
the total amount of $1,998,650, for the term beginning upon execution
of the contract and ending upon project completion, for construction of
the Pacific Electric Park 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 $2,416,691, which includes the contract base amount,
administration, inspection, testing, and an authorized contingency of
$214,436.
AGREEMENTS
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MOTION: AGMT: Authorize the City Manager and Clerk of the Council to
execute an amendment with Acire, Inc., to extend the period of
maintenance and support of the secure bicycle parking facilities in Santa
Ana for an additional one -year term beginning April 8, 2017, through April
7, 2018 and include additional compensation of $31,700 for maintenance
and support services during the extended period beginning April 8, 2017,
through April 7, 2018, and an additional $31,700 maintenance and support
services performed during the period beginning April 7, 2016 through April
7, 2017, subject to non - substantive changes approved by the City Manager
and City Attorney.
MOTION: Benavides SECOND: Solorio
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
25B. AGMT NO. 2017 -050 - CARNIVAL SERVICE RIGHTS FOR THE CINCO DE
MAYO EVENT {STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation and
Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Christiansen Amusement, Inc. in the amount of $32,500,
for a term from March 21, 2017 through May 31, 2017, subject to non -
substantive changes approved by the City Manager and City Attorney.
25C. PERFORMERS ENTERTAINMENT SERVICES FOR VARIOUS CITY EVENTS
{STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation and Community Services
Agency
MOTION:
1. AGMT NO. 2017 -051 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Volcan Advertising &
Entertainment to provide entertainment bands or individual performers
for city - produced events in the amount not -to- exceed $90,000 , for a
term of March 21, 2017 to December 31, 2017, with two, one -year
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renewal options for an amount not -to- exceed $90,000 per year, for a
total amount not to exceed $270,000, subject to non - substantive
changes approved by the City Manager and City Attorney.
2. AGMT NO. 2017 -052 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Professional Entertainment to
provide entertainment bands or individual performers for city - produced
events in the amount not -to- exceed $20,000, for a term of March 21,
2017 to December 31, 2017, with two, one -year renewal options for an
amount not -to- exceed $20,000 per year, for a total amount not to
exceed $60,000, subject to non - substantive changes approved by the
City Manager and City Attorney.
25D. AGMT NO. 2017 -053 - EQUIPMENT RENTAL SERVICES FOR VARIOUS CITY
EVENTS {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Al Event & Party Rental in the amount not -to- exceed
$150,000, for a term of March 21, 2017 to December 31, 2017, with two,
one -year renewal options for an amount not -to- exceed $150,000 per year,
for a total amount not to exceed $450,000, subject to non - substantive
changes approved by the City Manager and City Attorney.
25E. AGMT NO. 2017 -054 - FOURTH OF JULY FIREWORKS SHOW {STRATEGIC
PLAN NO. 5, 5C} - Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with PyroSpectaculars in the amount not -to- exceed $20,000,
for a term of March 21, 2017 to December 31, 2017, with two, one -year
renewal options for an amount not -to- exceed $22,000 per year, for a total
amount not to exceed $64,000, subject to non- substantive changes
approved by the City Manager and City Attorney.
25F. AGMT NO. 2017 -055 - SECURITY SERVICES FOR VARIOUS CITY EVENTS
{STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Insure Protective Security in the amount not -to- exceed
$45,000, for a term of March 21, 2017 to December 31, 2017, with two, one -
year renewal options for an amount not -to- exceed $45,000 per year, for a
total amount not to exceed $135,000, subject to non - substantive changes
approved by the City Manager and City Attorney.
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25G. AGMT NO. 2017 -056 - STAGE AND EQUIPMENT RENTAL FOR VARIOUS CITY
EVENTS {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute an
agreement with StagePlus in the amount not -to- exceed $70,000, for a term of
March 21, 2017 to December 31, 2017, with two, one -year renewal options for an
amount not -to- exceed $70,000 per year, for a total amount not to exceed
$210,000, subject to non - substantive changes approved by the City Manager and
City Attorney.
25H. AGMT NO. 2017 -057 - TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY
EVENTS {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute an
agreement with California Barricades in the amount not -to- exceed $70,000, for a
term of March 21, 2017 to December 31, 2017, with two, one -year renewal options
for an amount not -to- exceed $70,000 per year, for a total amount not to exceed
$210,000, subject to non - substantive changes approved by the City Manager and
City Attorney.
251. INMATE FOOD SERVICES AND COMMISARY {STRATEGIC PLAN NO. 1, 3A} -
Police Department
MOTION: Continue to the April 4, 2017 City Council Meeting at the request of
staff.
MOTION:
1. Authorize the City Manager and Clerk of the Council to enter into an Exclusive
Negotiation Agreement (ENA) with the Reimbursement Agreement for
consideration to be executed with Caribou Industries Inc. for the Third and
Broadway Development with the Proposed Scope of the Project, subject to
non - substantive changes approved by the City Manager and City Attorney.
2. Per Council direction, staff will attempt to complete the items listed in the
Proposed Scope of the Project and ENA process in 60 days and in 30 days
staff to transmit update in the form of a memorandum on status of project.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Benavides, Pulido, Sarmiento, Villegas (4)
None (0)
None (0)
Martinez, Solorio, Tinajero (3)
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MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENT FOR YOUTH PROGRAMS {STRATEGIC PLAN NO.
5, 4} - Councilmember Sarmiento
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with TKO Youth Foundation for on -going youth programs
for a one -time donation amount of $500, subject to nonsubstantive
changes approved by the City Manager and the City Attorney.
29B. PAYMENT AUTHORIZATION TO PROCURE AMERICA FOR ELECTRIC
UTILITY COST REDUCTION SERVICES {STRATEGIC PLAN NO. 4, 3D} -
Finance and Management Services
MOTION: Authorize payment of Procure America Invoice in the amount of
$74,839.81 as compensation for generating electrical utility cost savings
for various City departments.
LAND USE MATTERS
CONDITIONAL USE PERMIT /VARIANCE
31 A. MODIFY CONDITIONAL USE PERMIT NO. 2005 -29 TO ALLOW THE SALE OF
BEER, WINE, AND DISTILLED SPIRITS FOR ON- PREMISE CONSUMPTION
AT EL CALAMAR RESTAURANT LOCATED AT 315 WEST SEVENTEENTH
STREET - JOSEPH RODRIGUEZ, APPLICANT {STRATEGIC PLAN NOS. 3,2)
- Planning and Building Agency
Planning Commission approved recommended action on February 27, 2017, by
a vote of 7 -0.
MOTION: Receive and file the staff report approving modification to
Conditional Use Permit No. 2005 -29 as conditioned.
* *END OF CONSENT CALENDAR **
ADMINISTER OATH OF OFFICE TO THE NEWLY APPOINTED COMMISSIONERS:
Environmental and Transportation Advisory Committee:
Michael Macres, and
Miguel A. Gonzalez
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BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. ADOPT A RESOLUTION DECLARING SUPPORT FOR AN ENERGY
PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY
AND SOUTHERN CALIFORNIA GAS COMPANY (STRATEGIC PLAN NO. 5,2)
- Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2017 -013 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING SUPPORT FOR AN ENERGY
PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY
AND SOUTHERN CALIFORNIA GAS COMPANY TO BE KNOWN AS
"ENERGY PARTNERSHIP"
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items
on the City Council Agenda to be considered by the City Council.
85A. AGENDA ITEM CONSIDERED OUT OF ORDER
85B. TO REDUCE THE LIKELIHOOD OF LOCAL RESIDENTS HAVING TO TRAVEL
TO FAR -AWAY FACILITIES TO VISIT AND HELP FAMILY MEMBERS AND
FRIENDS THAT MAY BE DETAINED BY ICE, AND IN RECOGNITION OF THE
MEXICAN CONSULATE'S ANNOUNCEMENT TO OFFER INCREASED LEGAL
SERVICES FOR IMMIGRANTS, AND LOCAL AVAILABILITY AND ACCESS TO
IMMIGRATION ATTORNEYS IN SANTA ANA, DIRECT STAFF TO
NEGOTIATE AND EXECUTE A CONTRACT WITH ICE, CONSISTENT WITH
THE TERMS OF THE 2006 DATED CONTRACT — COUNCILMEMBER
SOLORIO
CITY COUNCIL MINUTES 14 MARCH 21, 2017
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The following spoke on the matter:
• Celeste Ginnis, correction officer in Santa Ana, spoke in support of
continuing ICE Contract.
• Suzan Rudolph, resident of the City, support the jail, opined that housing
own arrestees needed.
• Lee Maneafaiga, commented on financial impact to the City with closure of
facility.
• Brenda Lewis, correctional officer, noted that detainees are being
transported out of City and not released as requested by proponents of jail
closure.
• Ken Willard, opined that Sanctuary Ordinance has been approved; important
to continue to protect the community.
• Jeff Le Tournean, Orange County Democratic Party representative, spoke in
opposition to proposal.
• Heide Vargas (Arzola), urged contract be terminated.
• Marisol Rivera, representing SEUI, to terminate contract.
• Jorge Gutierrez, noted that 17 transgender inmates have been released
since the last Council Meeting.
• Roberto Herrera, opposed the balancing budget on the backs of immigrant
community.
• Alexis Nava Teodoro, opined that City not a Sanctuary City if it has an ICE
contract.
• Faby Jacome, Deportation Defense representative, expressed concern with
proposal.
• Stefany Urrea, concerned that correctional officers addressing the Council
on matter when it's a conflict and inmates treated inhumanly.
• Jose Morales, opposed to the contract with ICE.
• Robert Oliver, opined that repurposing employees and facility should be
considered.
• Luis Gomez, opposed to ICE contract and discussion to enter into
agreement to extend services.
• David Carbajal, opposed to jail services and inhumane treatment of
transgender community.
• Katie Brazaer, OC Regional Coordinator for CHIRLA, Coalition for Humane
Immigrant Rights of Log Angeles, applaud efforts to end contract with ICE.
• Lizette Diaz, urged City Council to honor the Sanctuary Ordinance.
• Carlos Perea, does not agree with an extension of contract with immigration
agency amongst other concerns.
• Victor Valladres, opposed to contract extension.
• Luis Martinez, advocated for detainees, provide anger management classes;
opined that inmates treated well and respected.
• Arleen Sanudo, opined that inmates are treated fairly; noted that some
detainees have committed crimes, thus detention facility warranted.
• Maria G. Gonzalez, member of SEIU Janitors, urged termination of contract;
contradicts Sanctuary City Ordinance.
• Norma Cordero, represent La Voz de la Mujer OC, urged cancellation of
contract.
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• Marilyn Rubio, agreed with other speakers that proposal contradicts policy,
willing to work with other coalitions to ensure that City is a Sanctuary City.
• Gerry Serrano, Santa Ana Police Officer Association President, commented
that law enforcement does not detain solely on immigrant status; City
Council to consider employees that work for the City that would be impacted
if ICE contract not extended.
Council discussion ensued.
Councilmember Solorio, motioned seconded by Councilmember Villages to
move as proposed.
Police Chief Rojas, responded to questions by Councilmember Solorio on
mischaracterizations re- iterated that we are not federal law enforcement agency;
police officers do not request immigrant status documentation; detainee's crimes
range from DUI to felony — Santa Ana Detentions is not a point of entry;
currently have 17 detainees; some former inmates have been transferred to
Adelanto or state of New Mexico.
Councilmember Solorio, thanked speakers on both sides; do not support family
division; supports comprehensive immigration reform; opined that detentions will
continue to occur and question is where will they be housed; need to hold
Councilmembers accountable; jail should not be privatized because they are
incentivized to make a profit; commit to have discussion on this and other
related and pressing issues.
Police Chief Rojas, indicated that out of 17 only 1 had a Santa Ana address; 8
are California residents and balance are from out of state; part of booking
process would require citizenship information.
Councilmember Sarmiento, thanked employees and all representatives that
addressed the City on this issue; noted that Santa Ana arrestees are housed at
the County of Orange; accountable and have policies in place to investigate
complaints; need to work with lobbyist, speak to US Marshals Office to expand
the contract with Bureau of Prisons. Proposed substitute motion, seconded by
Councilmember Tinajero.
Councilmember Tinajero, acknowledged the work and efforts of our correctional
officers; City needs to focus on affordability component; City does not have a
holding facility; Santa Ana is the only Title II Jail Facility in the State of
California; total operational cost was $16 million equating to $4 million annual
deficit; sales tax decrease and water transfer funds augment fiscal deficits;
proposed that employees be reassigned to other City positions; City Council
needs to make a policy decision whether to keep jail facility open; address
staffing and creative options; has not heard compelling information to believe
that ICE will re- negotiate contract; urged the Police Officers Association to
partner with City and support a 1/2% sales tax increase for public safety;
denounce Trump support; transition employees into other positions.
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Councilmember Solorio, will not support substitute motion; supports revenue
increase for youth and education programs; all functions of City government
cost tax dollars and detention facility not any different; staff to find equitable
positions throughout the City for displaced employees at the jail; also, City could
partner with Santa Ana Unified School District to assist with lay -offs.
Councilmember Tinajero, does not support deficit funding; need to focus on own
problems and not school district.
Mayor Pulido, noted that in 1994 the City approved a UUT tax to build new
police facility; facility build as a jail and would be difficult to find a reuse.
SUBSTITUTE MOTION:
1. Direct staff to meet with SEW Local 721 and the Santa Ana Police
Officers Association to negotiate reductions or increases in staffing, as
may be appropriate, to adjust to the size and scope of the US Marshals
contract.
2. Direct staff to re -start discussions with other federal and state agencies
to pursue use of jail facility space.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
`Motion failed.
SECOND: Tinajero
Benavides, Sarmiento, Tinajero (3)
Pulido, Solorio, Villegas (3)
None (0)
Martinez (1)
FRIENDLY AMENDMENT TO ORIGINAL MOTION:
1. Direct staff to meet with SEW Local 721 and the Santa Ana Police
Officers Association to negotiate reductions or increases in staffing, as
may be appropriate, to adjust to the size and scope of the US Marshals
and ICE contracts.
2. Direct staff to re -start discussions with other federal and state agencies
to pursue use of jail facility space.
MOTION: Solorio
VOTE: AYES:
NOES:
SECOND: Villegas
Pulido, Solorio, Villegas (3)
Benavides, Sarmiento, Tinajero (3)
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ABSTAIN: None (0)
ABSENT: Martinez (1)
*Motion failed.
COMMENTS
PUBLIC COMMENTS
1. Ilya Tseglin, expressed frustration with police service as it pertains to his son's needs.
2. Robert Tseglin, echoed comments by father.
90A. CITY MANAGER'S COMMENTS
Acting City Manager Mouet, presented a video on senior center and volunteer
efforts.
*Councilmember Tinajero left the meeting at 9:46 p.m. and did not return.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked the Mayor for idea of competing with the County of Orange (on
detention services);
• Congratulated Fire Battalion Chief Anderson on promotion and for
representing the City well;
• Urged staff to move forward with Project Labor Agreement that has been on
the table for about a year;
• Police Body Camera installation needs to move forward
• Asked City Attorney to bring forth Personnel Board restructuring options and
make sure it's in conformance with City Charter; and
• Attended the Saddleback View Neighborhood Association meeting where
they discussed development at former Saddleback Lodge; has been met
with some resistance — all market rate units.
Councilmember Solorio:
• Staff to consider recycled water for parks and medians need to continue to
be considered;
• Attended Farmers Market and encouraged all to attend on Sundays;
• Agreed with PLA is important and needs to move forward; suggested Ad Hoc
Committee;
• Public Safety Committee discussed homeless action plan and suggested
that medical marijuana to be reviewed by the City Council; and
• Provided update on Ad Hoc Committee on affordable housing — noted that it
may be too late to do a Request for Proposal in time for the next round of
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grant awards; suggest funding analysis, offer expedited services on some
smaller projects.
Councilmember Benavides:
• Commented on Lanthrope Project with Santa Ana Unified School District to
reactive the campus; has received support in the past and should consider
by the City Council;
• Ad Hoc Committee on affordable housing (set -aside funds) has met and
discussed expedition of projects;
• Congratulated Orange County Fire Chief Anderson and appreciate service to
the community; City Council to consider bringing back the Fire Department;
and
• Continue to encourage residents to shop in Santa Ana.
Mayor Pulido:
• Noted that Eat Chow restaurant has not received any subsidy and doing
well; and
• Adjourned in memory of Mayor Pro Tern Martinez' brother Pedro Franco who
passed away this evening.
ADJOURNED - 9:55 p.m. The next meeting of the City Council is scheduled for Tuesday,
April 4, 2017 at 5:00 p.m. for the Closed Session Meeting immediately
followed by the Regular Open Business Meeting at 5:45 p.m. in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Adjourn In Memory of
Pedro Franco
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
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