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HomeMy WebLinkAbout2017-07-05 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 5, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:20 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: None STAFF Present: CYNTHIA J. KURTZ, Interim 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 5:16 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. Maria Quintanilla v. City of Santa Ana, US District Court, Case No. 8:16- cv-01400-JLS (JCx) CITY COUNCIL MINUTES 1 JULY 5, 2017 2. Margarita Alvarado -Haves v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9114063 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One case 3. THREAT TO PUBLIC SERVICES OR FACILITIES — Pursuant to Government Code section 54957. Consultation with: Santa Ana Police Department, Acting Police Chief Valentine 4. 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) CLOSED SESSION REPORT- See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:26 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 JULY 5, 2017 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:29 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: CYNTHIA J. KURTZ, Interim 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 COUNCILMEMBER SOLORIO to Park Santiago Neighborhood Association for their outstanding contributions to the community: Bill Bonnett; Michael O'Valle; Michelle O'Valle; James Rosenquist. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the staff of Manos Unidas Creando Arte for their outstanding artistic contributions to the community: Reyna Artero; Esther Hernandez; Maria Quezada. CLOSED SESSION REPORT — No reportable actions. CITY COUNCIL MINUTES 3 JULY 5, 2017 PUBLIC COMMENTS • Steve Rocco, spoke in opposition to Agenda Items 11B and 11C; also on rules of decorum. • Mike Lopez, spoke on Agenda Item 11 C, requested funding consideration for SEIU union members that are equitable to the proposed Memorandum of Understanding with the Police Officers Association (POA). • Janelle McLoughlin, representing the Environmental and Transportation Advisory Committee, requested funding for tree maintenance program. • Carl Benninger, opined that SEIU members have made concessions in the past and expect like pay with other union members. • Kim McPeck, echoed comments by other SEIU representative. • Lisa Cody, commented on need for equal benefits are proposed for POA members to other bargaining groups. • Roberto Maciel, supports funding for immigration universal representation program. • Conception Rodriguez, Lacy Neighborhood resident, expressed support for legal representation. • Idalia Rios, expressed support for $65,000 funding for immigrant community program. • Kimberly Castro, spoke in support of deportation defense fund. • Maricela Castro, supports funding of legal representation. • Dianicia Robles, supports proposal that will keep families together. • Blanca Robles, spoke against deportation of residents that have not committed crimes — proposed funding will assist families. • Jim Reeves, opined that all employees are equally valuable and needed to keep City functioning; fair treatment requested. • Monica Suter, recounted past when union members gave back 24%; noted that all employees aspects of public safety that are core to provided full services to the city; Council to consider past sacrifices. • Tony Carrillo, opined that proposal offered by City is demoralizing; request reconsideration. • Dora Holguin, long term employee who requested dignified treatment in labor negotiations. • Edna Monroy, spoke in support of legal representation funding. • Perla Vinicio, concerned that police department staff continues to protect those that are hostile at City events; mentioned Arthur Shaper's influence. • Peter A. Katz, spoke in support of City employees; value all employees. • Moises Vazquez, represent Latino Health Access, spoke in support of youth services coordinator. • Karen Garcia, spoke in support of Youth Services Supervisor position. • Emily Peraza, opined that Youth Services position proposal will deter crime and implement proactive programs. • Charly Varela, supports Youth Services Supervisor position. • Jackie Cordova, demand resignation of all elected officials. • Katelyn Ogawa representing Building Healthy Communities, spoke against deportation legislation; support universal representation funding. CITY COUNCIL MINUTES 4 JULY 5, 2017 • Laura Alejandra, opposed to POA raises, concerned with behavior by some police personnel. • Ignacio Rios Jr., Resilience Orange County member, spoke in support of funding any youth programs and universal representation. • Sergio Hernandez, spoke on Huntington Beach Desalination project (Agenda Item 19D). CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 31A, with the following modifications: • Mayor Pro Tem Martinez, pulled Agenda Items 11 B, 11 C, 11 D, 19C, 25C, 25D, 25E, 29A, and 31A for separate action. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JUNE 20, 2017 {STRATEGIC PLAN NO. 5, 11 — 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. CITY COUNCIL MINUTES 5 JULY 5, 2017 11A. ORDINANCE SECOND READING - AMEND YOUTH COMMISSION COMPENSATION {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Placed on first reading at the June 20, 2017 City Council meeting and approved by a vote of 5-2 (Benavides and Tinajero absent). Published in the Orange County Reporter on June 23, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2917 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 TO THE SANTA ANA MUNICIPAL CODE RELATED TO COMPENSATION FOR YOUTH COMMISSION MEMBERS Placed on first reading at the June 20, 2017 City Council meeting and approved by a vote of 5-0 (Pulido abstained and Tinajero absent). Published in the Orange County Reporter on June 23, 2017. Mayor Pro Tem Martinez, requested that ordinance be amended to reduce licensing review period to 3 months from 6 months. City Attorney Carvalho, noted that amended ordinance will be forthcoming. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2918 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18 AND CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA COLLECTIVES (SECTION 18-611, SECTION 18-613, SECTION 18-617.5, SECTION 18-618, SECTION 18-620, SECTION 18-621, AND SECTION 18-622 OF ARTICLE XIII OF CHAPTER 18), AND ADDING SECTION 21-131 OF ARTICLE XII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE MOTION: Martinez VOTE: AYES: NOES: CITY COUNCIL MINUTES SECOND: Benavides Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) 0 JULY 5, 2017 FISCAL YEAR BUDGET 2017-2018 11C. ABSTAIN: Pulido(1) ABSENT: None (0) ORDINANCE SECOND READING ADOPTION OF CITY BUDGET FISCAL YEAR 2017-2018; ADOPTION OF RESOLUTIONTO AMEND THE CITY'S BASIC CLASSIFICATION, AND COMPENSTATION' PLAN TO ADD A YOUTH SERVICES COORDINATOR POSITION; AND CONSIDER ALTERNATIVE OPTION TO APPROVING INTERIM FUNDING FOR FISCAL YEAR 2017-18 {STRATEGIC PLANO NO. 412A) — Finance and Management Services and City Placed on first reading at the June 20, 2017 City Council meeting and approved by a vote of 5-1 (Martinez dissented and Tinajero absent). Published in the Orange County Reporter on June 23, 2017. Mayor Pro Tem Martinez, opposed to budget as proposed; noted that she has requested forensic audit in the past but only reserves audit received; concerned with comingling of general and enterprise funds; salary increases; and use of one-time funds to balance FY17-18 City Budget; supports addition of Youth Coordinator position and tree maintenance program. Councilmember Solorio, proposed establishing a Revenue/Fiscal Commission; noted that use of one-time funds needed due to cancellation of ICE Contract; request that each recommended action be voted separately; possible Ad Hoc committee to review universal representation, prioritization, and analyze how other cities such as Los Angeles and State of California are handling program. Councilmember Sarmiento, noted that universal representation funds may be augmented through grant funds; also, proposed police oversight board would be vested in revieiwing recent allegations over past several weeks. Councilmember Villegas, expressed support for all City employees. Councilmember Tinajero, acknowleged sacrifices made in the past; had equal raise than POA in the past; asked if City negotatied with Arthur Sharpe and if so funding; supports allocations of universal representation and if Ad Hoc Committee established wish to Chair; also, in favor of allocating $300,000 for special election on revenue bond. Councilmember Benavides, valid question to consider revenue bond; clairied that Vera Institute has grant funds available if universal reprsentation funds approved by the City Council; would reconsider budget approval if universal represenation item not approved. CITY COUNCIL MINUTES 7 JULY 5, 2017 Mayor Pulido, look into portable water or recycled water to address trees on medians; willing to support funding for universal representation however additional information needed at subsequent meeting. MOTION: (Requires five affirmative votes.) 1. Place ordinance on second reading and adopt. ORDINANCE NO. NS -2919 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2017 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: 2. Adopt a resolution. SECOND: Pulido Benavides, Pulido Sarmiento, Solorio, Tinajero, Villegas (6) Martinez (1) None (0) None (0) RESOLUTION NO. 2017-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: SECOND: Pulido Benavides, Pulido Sarmiento, Solorio, Tinajero, Villegas (6) Martinez (1) None (0) ABSENT: None (0) *Mayor Pro Tem Martinez supports Youth Services Supervisor position. 3. Approve carry -forward resulting from Contractual/Project savings during FY 2016-17 within the General Fund in the amount of $65,000 as result of the inclusion of the Legal Defense Fund program. CITY COUNCIL MINUTES 8 JULY 5, 2017 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Pulido Solorio, Villegas (3) ABSTAIN: None (0) ABSENT: None (0) ** Motion failed by 4-3 vote. 4. Increase the City and General Fund Budget in the amount of $35,000 as a result of the inclusion for the formation of the Police Department Oversight Commission. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Tinajero (5) NOES: Solorio, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) 5. Allocate $350,000 for a potential Special Election on a Revenue Measure';; MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Tinajero (5) NOES: Pulido, Solorio, Villegas (3) ABSTAIN: None (0) ABSENT: None (0) *Motion failed by 4-3 vote. Councilmember Sarmiento motioned, seconded by Councilmember Benavides to reconsider Items 1 and 2 (because 3 and 5 failed), motion approved 4-3 (Pulido, Solorio and Villegas dissented). CITY COUNCIL MINUTES 9 JULY 5, 2017 11D Councilmember Tinajero motioned, seconded by Councilmember Sarmiento to reconsider Items 1-5, motion failed 3-4 (Martinez, Pulido, Solorio and Villegas dissented). Motion failed. Mayor Pulido motion, seconded by Councilmember Sarmiento to reconsider Item 3, motion approved 5-2 (Solorio and Villegas dissented). Item reconsidered. 3. Approve carry -forward resulting from Contractual/Project savings during FY 2016-17 within the General Fund in the amount of $65,000 as result of the inclusion of the Legal Defense Fund program. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: Solorio, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) Motion to reconsider Agenda Items 1-2 withdrawn. Placed on first reading at the June 20, 2017 City Council meeting and approved by a vote of 4-1 (Martinez dissented, Sarmiento and Tinajero absent). Published in the Orange County Reporter on June 23, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2920 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2017-01 REZONING THE PROPERTY LOCATED AT 317 EAST SEVENTEENTH STREET FROM COMMUNITY COMMERCIAL (C-1) AND MULTIPLE -FAMILY RESIDENCE (R-3) TO SPECIFIC DEVELOPMENT NO. 91 (SD -91) (AA NO. 2017-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 91 (SD -91) FOR SAID PROPERTY CITY COUNCIL MINUTES 10 JULY 5, 2017 MOTION: Benavides SECOND: Pulido VOTE: AYES: Benavides, Pulido Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Public Safety, Code Enforcement and 7/11/2016 Neighborhood Empowerment Committee (Cancellation) FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFY AND APPROVE FINAL TRACT MAP NO. 17786 BY CITY ENGINEER (520 SOUTH HARBOR BOULEVARD) {STRATEGIC PLAN NO. 3, 21 - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 196. EXCUSED ABSENCES — NONE CITY COUNCIL MINUTES 11 JULY 5, 2017 Mayor Pro Tem Martinez, commented on recent pedestrian fatality in front of Saint Joseph Church; requested update on funding and solutions (cross guards, etc.) MOTION: Receive and file. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Pulido Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 19D. REPORT ON THE 2016 CALIFORNIA DRINKING WATER CONSUMER CONFIDENCE REPORT {STRATEGIC PLAN NO. 5, 6) — Public Works Agency MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16-059 - CONTRACT AMENDMENTS FOR CHAIN LINK FENCE RENTALS {STRATEGIC PLAN NO. 5, 4) (Public Works Agency) - Finance and Management Services MOTION: Amend the amount by $50,000 for a new total annual amount not to exceed $117,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location United Site Services, Inc. EI Monte Quality Fence Co., Inc. Paramount CITY COUNCIL MINUTES 12 JULY 5, 2017 22B. SPEC. NO. 17-045 - CONTRACT AWARD FOR TWO BRIDGEWAVE WIRELESS SYSTEMS, INSTALLATION AND MAINTENANCE SUPPORT {STRATEGIC PLAN NO. 6,1F) (Information Technology Department) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Day Management Corporation in the amount of $37,000, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS 23A. AWARD CONTRACT FOR CONSTRUCTION OF RESIDENTIAL STREET REPAIR PROGRAM (PROJECT NOS. 17-7522 & 15-6836) (STRATEGIC PLAN NOS. 6, 1 B; 1 C; 1 G) - Public Works Agency MOTION: 1. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract with Gentry General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $568,300, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Residential Street Repair Program projects, 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 $738,790, which includes the contract bid, administration, inspection and testing, and an authorized contingency of $85,245. AGREEMENTS 25A. ON-CALL CONSTRUCTION SURVEYING SERVICES (STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute agreements for the two-year term beginning July 5, 2017, and expiring on July 4, 2019, with provisions for two one-year extensions exercisable by the City Manager and City Attorney, for a total amount not to exceed $250,000 for each firm over the entire term of the agreement, including any renewals, subject to non -substantive changes approved by the City Manager and City Attorney. 1. AGMT NO. 2017-159 — With Johnson -Frank & Associates, 2. AGMT NO. 2017-160 — With Inc., Huitt-Zollars, Inc., and CITY COUNCIL MINUTES 13 JULY 5, 2017 3. AGMT NO. 2017-161 — With D. Woolley & Associates 25B. AGMT NO. 2017-162 - HUMAN RESOURCE ONBOARDING PLATFORM SERVICES TO AUTOMATE BUSINESS PROCESSES BY ALLOWING EMPLOYEES/NEW HIRES TO COMPLETE FORMS ONLINE AND PROVIDE EMPLOYEES INFORMATION ON BENEFIT ENROLLMENT - Personnel Services Agency and Information Technology Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with NEOGOV for an annual reoccurring amount of $13,558 plus a one-time set up, implementation and training fee of $5,500 for an amount not to exceed $73,290 for three (3) years for the period of July 1, 2017 through June 30, 2020 and with the option of two (2) one year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. The following spoke on the matter: • Ilya Tseglia, opposed to funding police salary increases with taxes. • Robert Tseglia, echoed comments by Ilya Tseglia. • Carlos Perrea, opposed to salary increases. Mayor Pro Tem Martinez, concerned with long term costs to the City; structural deficit. Councilmember Benavides, commented on parity and need to treat all equally, will not support matter. Councilmember Sarmiento, support our officers; concerned with negotiation tactics; equal treatment and bring all to market rate; hold all employees accountable. Councilmember Tinajero, spoke in support of varied shift schedule. Councilmember Solorio, supports market rate salary to retain police officers; noted proposal includes takeaways and tiered pension plan. Mayor Pulido, opined that overall costs are capped and proposal reasonable. MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Police Officers Association, subject to non -substantive changes approved by the City Manager and CITY COUNCIL MINUTES 14 JULY 5, 2017 City Attorney, regarding wages and other terms and conditions of employment for a one-year period ending June 30, 2018 for a total cost of $$3,867,551. MOTION: Solorio SECOND: Pulido VOTE: AYES: Pulido, Sarmiento, Solorio, Tinajero, Villegas (5) NOES: Benavides, Martinez (2) ABSTAIN: None (0) ABSENT: None (0) W1 INVESTING IN THE ARTIST GRANT PROGRAM FISCAL YEAR 2017-2018 Arts and Culture Commission approved recommended action on June 15, 2017, by a vote of 6-0 (Orozco absent). Mayor Pro Tem Martinez, requested annual update on Commission. MOTION: 1. Approve the Arts and Culture Commission's recommendations for Fiscal Year 2017-2018 Investing in the Artist Grant Opportunity in the amount of $67,500; 2. AGMT NO. 2017-164 - Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with artists (in amounts of either $2,500 or $5,000) and art organizations (in the amounts of either $5,000 or $10,000) awarded funds as part of the approved program, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES SECOND: Pulido Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 15 JULY 5, 2017 25E. 25F Mayor Pro Tem Martinez, requested Pro Forma from developer in order to assess. Councilmember Benavides, requested update; prime location for development. Interim City Manager Kurtz, noted that financial information had been received and in process of being evaluated; optimistic that second extension may not be needed; 29 conditions that have to be negotiated. Councilmember Tinajero, noted that City not able to negotiate with other developers until this resolved. Deputy City Manager Cortez, indicated that pro forma and feasibility study pending; 8 out of 29 points have been agreed upon. MOTION: Approve First Amendment to the Exclusive Negotiation Agreement with Caribou Industries for the Third and Broadway Development which provides for a sixty day extension, ending August 25, 2017, with the option of extending an additional sixty days pending the City Manager's approval. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Pulido Benavides, Pulido Sarmiento, Solorio, Tinajero, Villegas (6) Martinez (1) None (0) None (0) EXPEDIATED INSPECTION SERVICES {STRATEGIC PLAN NO. 3, 31 - Planning and Building Agency 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 July 5, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 16 JULY 5, 2017 AGMT NO. 2017-166 —With J Lee Engineering Inc., AGMT NO. 2017-167 — With Hayer Consultants Inc., AGMT NO. 2017-168 — With Bureau Veritas North America Inc., AGMT NO. 2017-169 — With Jason Adison Smith Consulting Services, Inc. DBA JAS Pacific, AGMT NO. 2017-170 —With Interwest Consulting Group, and AGMT NO. 2017-171 — With American Engineering Laboratories Inc. 25G. AGMT NO. 2017-172 - ON-CALL REPAIR SERVICES OF ADVANCED TRAFFIC MANAGEMENT AND COMMUNICATION SYSTEMS {STRATEGIC PLAN NO. 6, 1 C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Crosstown Electrical & Data, Inc.,, for a three-year period beginning July 5, 2017, expiring July 4, 2020, with provision for two one-year extensions exercisable by the City Manager, in an amount not to exceed $50,000 annually, subject to non -substantive changes approved by the City Manager and City Attorney. MISCELLANEOUS BUDGETARY ITEMS 29A. INSURANCE RENEWALS WITH BIG INDEPENDENT CITIES EXCESS POOL', PUBLIC'ENTITY PROPERTY INSURANCE PROGRAM AND CALIFORNIA STATE ASSOCIATION OF COUNTIES{STRATEGIC PLAN, NO. 4, 11 PersonnelServices Agency Mayor Pro Tem Martinez, questioned increase in premiums; Police Oversight Committee would help review these type of costs that are police department driven. Personnel Services Executive Director, Ed Raya, noted that increase driven by medical premium costs. Councilmember Tinajero, requested Acting Police Chief Valentin address increased costs in the police department in addition to crime rates. MOTION: 1. Approve the City's continued membership in the Big Independent Cities Excess Pool Liability Program from July 1, 2017 to July 1, 2018 at an estimated premium cost not to exceed $3,300,000. 2. Approve the City's continued membership in the Big Independent Cities Excess Pool Workers' Compensation Program from July 1, 2017 to July 1, 2018 at an estimated premium cost not to exceed $404,000. CITY COUNCIL MINUTES 17 JULY 5, 2017 3. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2017 to July 1, 2018 at an estimated premium cost not to exceed $650,000. 4. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2017 to July 1, 2018 at an estimated premium cost not to exceed $12,000. MOTION: Benavides SECOND: Solorio VOTE: AYES: Benavides, Pulido Sarmiento, Solorio, Tinajero, Villegas (6)) NOES: Martinez (1)) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITS /VARIANCES 31 A. APPROVE CONDITIONAL USE PERMIT NO. 2017-16 TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS COMMUNICATION FACILITY FOR T -MOBILE WEST LOCATED AT 3308 WEST WARNER AVENUE — SMARTLINK LLC., APPLCIANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Mayor Pro Tem Martinez, opposed to approval of item; concerned with lack of retrofit of cell tower facilities. Councilmember Benavides, requested clarification from staff as to whether blight and improvements desired are reviewed by Planning Commission prior to review. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017-16 as conditioned. MOTION: Benavides VOTE: AYES: SECOND: Solorio Benavides, Pulido Sarmiento, Solorio (4) CITY COUNCIL MINUTES 18 JULY 5, 2017 NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero, Villegas (2) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION APPROVING ADDENDA NOS. 1 AND 2 TO THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY REVISED ENVIRONMENTAL ASSESSMENT/FINAL ENVIRONMENTAL IMPACT REPORT ORANGE COUNTY STREET CAR (SCH# 2010051060) (PROJECT N0. 17-6766) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C AND 46; 6, 1 G} - Public Works Agency The following spoke on the matter: • Madeleine Spencer, request continued mitigation efforts that will negatively impact our community. Mayor Pulido, requested OCTA follow up on council suggestion to make presentation on matter. MOTION: Adopt a resolution. RESOLUTION NO. 2017-046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ADDENDUM NOS. 1 AND 2 TO THE REVISED ENVIRONMENTAL ASSESSMENT/FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANA -GARDEN GROVE FIXED GUIDEWAY PROJECT, OTHERWISE KNOWN AS THE "OC STREETCAR" MOTION: Solorio VOTE: AYES: NOES: ABSTAIN SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) CITY COUNCIL MINUTES 19 JULY 5, 2017 ABSENT: Tinajero (1) 55B. RESOLUTION RECOGNIZING SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GRANT REVENUE, APPROPRIATION ADJUSTMENT AND REVISED REQUEST FOR PROPOSAL FOR PLANNING CONSULTANTS FOR GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3, 2A; 5, 6) - Planning and Building Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RECEIPT OF GRANT FUNDS OR SERVICES FROM THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) FOR THE SUSTAINABILITY PLANNING GRANT PROJECT FOR GENERAL PLAN UPDATE EFFORTS 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-005 - Recognizing $325,000 in the PBA Southern California Association of Governments (SCAG) Grant fund revenue account and appropriate same in the SCAG Sustainability Planning Grant expenditure account. 3. Authorize the Planning and Building Agency to release the revised Request for Proposals to qualified consulting firms to provide planning and technical services related to land use buildout, urban design, sustainability, and community outreach materials to support preparation of the comprehensive General Plan Update for the City of Santa Ana. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: CITY COUNCIL MINUTES SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 20 JULY 5, 2017 55C. APPROVAL OF LOAN AGREEMENTS, RESOLUTION, AND APPROPRIATION ADJUSTMENT FOR THE SANTA ANA ARTS COLLECTIVE {STRATEGIC PLAN NOS. 5,3A; 5,3C} - Community Development Agency MOTION: 1. AGMT NO. 2017-173 - Authorize the City Manager and the Clerk of the Council to execute an amended and restated Community Development Block Grant and Inclusionary Housing Funds loan agreement with Santa Ana Arts Collective, L.P. for an additional $2,900,000 in Inclusionary Housing Funds as approved by City Council on June 20, 2017 for a total loan amount not to exceed $5,275,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2017-174 - Authorize the City Manager and the Clerk of the Council to execute a loan agreement with Santa Ana Arts Collective, L.P. for $2,219,760 in HOME Investment Partnerships Program funds as approved by City Council on November 3, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Adopt a resolution. RESOLUTION NO. 2017-048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM GRANT FUNDING (AGMT NOS. 2017-177 AND 2017-179) 4. AGMT NO. 2017-175 - Authorize the City Manager and the Clerk of the Council to execute a Subordination Agreement with Bank of America, N.A. for the amended and restated Inclusionary Housing and Community Development Block Grant loan agreement and the HOME Investment Partnerships Program loan agreement, subject to non -substantive changes approved by the City Manager and City Attorney. 5. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-007 - Recognizing Affordable Housing and Sustainable Communities Program grant funds in the amount of $1,288,000 in revenue account no. and appropriating same to the Affordable Housing Sustainable Communities Program expenditure account no. for the Bush Street Bicycle Boulevard project MOTION: Benavides SECOND: Pulido CITY COUNCIL MINUTES 21 JULY 5, 2017 VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 55D. RESOLUTION APPROVING THE CITY'S INVESTMENT POLICY WITH MINOR MODIFICATIONS {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Mayor Pro Tem Martinez, opposed to any investment or business dealing with companies in Texas. Councilmember Sarmiento, concerned with contractors that have hostile intentions; thorough vetting of all businesses. MOTION: Adopt a resolution approving the City's Investment Policy, which includes the following minor modifications: A. Sets out requirement to establish written investment procedures in accordance with current industry standards. B. Allows the City to sell a security for the purpose of pre -paying a debt or contribution servicing obligation when it is financially advantageous (for the City) to do so. C. Amends existing language to comply with current statutory changes, changes in industry terminology, and recommended best practices. RESOLUTION NO. 2017-049 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY MOTION: Martinez VOTE: AYES: NOES: ABSTAIN CITY COUNCIL MINUTES SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) 'r� JULY 5, 2017 ABSENT: None (0) 55E. APPROPRIATION ADJUSTMENT AND RESOLUTION ACCEPTING DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FUNDS (STRATEGIC PLAN NO. 1, 3B) - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANATA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT FUNDS IN THE AMOUNT OF $100,000 AND TO EXECUTE AN AGREEMENT WITH THE DEPARTMENTOF ALCOHOLIC BEVERAGE CONTROL FOR USE OF THOSE FUNDS AND EXECUTE ANY DOCUMENTS OR ASSURANCES NECESSARY FOR OBTAINING GRANT FUNDS AGMT NO. 2017-176 — With State of California in an amount not to exceed $100,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-066 - Recognizing $100,000 in revenue for the Alcoholic Beverage Control Grant Assistance Program and allocating the same to the various expenditure accounts MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: REPORTS SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 65A. PRESENTATION ON FOURTH OF JULY FIREWORKS — Police Department CITY COUNCIL MINUTES 23 JULY 5, 2017 Acting Police Chief Valentin presented brief highlights. Operational period is June 1 through July 4th: 395 calls for service; 147 education initiates and multi - language; 16 citations; 5,863 confiscations; no major injury report received. Mayor Pro Tem Martinez, suggest voter consideration on matter; City hosting Fireworks event. PUBLIC HEARINGS 75A. PUBLIC HEARING — RESOLUTION AFFIRMING THE WEED ABATEMENT PUBLIC NUISANCE REPORT FOR UNCOLLECTED CHARGES AND POSTINGS FOR FISCAL YEAR 2016-2017 (STRATEGIC PLAN NO. 5, 4E) - Public Works Agency Legal Notice published in the Orange County Reporter on June 23, 2017 and notices mailed on June 23, 2017. Mayor Pulido opened the Hearing. There were no spearkers and the hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2017-051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH, AND GARBAGE ABATEMENT; MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY OF THE REPORT THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR, AND TAX COLLECTOR MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 75B. PUBLIC HEARING — RESOLUTION FOR THE RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND CITY COUNCIL MINUTES 24 JULY 5, 2017 ABANDONED BUILDINGS (STRATEGIC PLAN NO. 5, 4) - Planning and Building Agency Legal Notice published in the Orange County Reporter on June 23, 2017 and notices mailed on June 23, 2017. Mayor Pulido opened the Hearing. There were no spearkers and the hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2017-052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 75C. PUBLIC HEARING — ORDINANCE TO REPEAL AND RE-ENACT SECTIONS OF SANTA ANA MUNICIPAL CODE CHAPTER 39 RELATED TO WATER AND SEWER SERVICES THROUGHOUT THE CITY (STRATEGIC PLAN NOS. 5, 2 & 6F} - PUBLIC WORKS AGENCY Legal Notice published in the Orange County Reporter on June 23, 2017. Mayor Pulido opened the Hearing. There were no spearkers and the hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2921 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN THEIR ENTIRETY ARTICLES I, II, III, AND V OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND SEWERS AND AMENDING CITY COUNCIL MINUTES 25 JULY 5, 2017 RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF THE SANTA ANA MUNICIPAL CODE MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) • Mayor Pulido, abstained on Agenda Item 75D, due to potential conflict of interest due to his family business. He left the dais and did not participate in the deliberation of said item. 75D. PUBLIC HEARING — ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES AND/OR REPEAL EXISTING PROVISIONS THAT ARE IN NON- COMPLIANCE WITH STATE CODE {STRATEGIC PLAN NO 5, 4) - Planning and Building Agency and City Attorney) Legal Notice published in the Orange County Reporter and the Orange County Register on May 26, 2017; published in La Opinion on May 26, 2017; and notices mailed to mobile vendors on May 26, 2017. Item continued from the June 6, 2017 City Council Meeting by a 5-0 vote (Benavides and Sarmiento absent) and from the June 20, 2017 City Council Meeting by a 6-0 vote (Tinajero absent). Mayor Pro Tem Martinez opened the Hearing. There were no spearkers and the hearing closed. Councilmember Tinaejro, suggest staff meet with school district and vendors to further address safety concerns - proactive with all stakeholders; request revised ordinance be agendized in 60; holistic approach that does not necessarily adopt State provisions that may hurt vendors. Councilmember Benavides, proposed amendment to motion to return to City Council in 90 days with revised ordinance or ordinance as currently prepared by staff; suggest Workstudy prior to approval. Councilmember Solorio, consider friendly amenment to designate areas for mobile food vendors, provide electrical outlets, and Council Committee to consider revenue generating options to be included in revised ordinance. CITY COUNCIL MINUTES 26 JULY 5, 2017 Mayor Pro Tem Martinez, noted that matter has been continued six times; General Plan amendments would consider designated area and State provisions; opposed to 90 -day continued and motion to repeal Chapter 36, need to have resolution; safety of our residents is paramount; motion to adopt staff recommendation. MOTION: Continue matter for 90 days and adopt first reading of ordinance that repeals current provisions in Charter 36 of the Santa Ana Municipal Code. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Sarmiento, Tinajero (3) NOES: Martinez, Solorio, Villegas (3) ABSTAINED Pulido (1) AND NOT PRESENT: ABSENT: None (0) *Motion failed by a 3-3 vote. City Manager Kurtz, proposed removing the 90 day continuance and approve the ordinance that would repeal current provisions. Councilmember Solorio, suggest a shorter time frame, perhaps 30-60 days. Councilmember Sarmiento, request all comments be included for consideration and response be provided. Councilmember Benavides, important to clarify the 500 foot requirement near schools. SUBSTITUTE MOTION: Place ordinance on first reading and authorize publication of title; and agendize consideration of revised ordinance in 60 days: ORDINANCE NO. NS -2922 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63) AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE SECTIONS 36-700 THROUGH 36-720) CITY COUNCIL MINUTES 27 JULY 5, 2017 MOTION: Tinajero VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: SECOND: Sarmiento Benavides, Sarmiento, Solorio, Tinajero, Villegas (5) Martinez (1) Pulido (1) None (0) RECESSSED CITY COUNCIL MEETING AT 10:08 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 10:09 P.M. COMMENTS PUBLIC COMMENTS • Michael Klubnikin, spoke of alleged collusion to remove autistic son from Ilya Tseglia; request hearing to consider his case. • Alfredo Zarate, Jr., request adjournment in memory of Charlene Hanson, suggest stop sign or other traffic mitigation measures on Civic Center and Minter where pedestrian was fatally hit and available 24 hours a day — long term solution not just cross guards. • Daniel Nau, echoed comments by Mr. Zarate. • Jose Trujillo, representing La Rinconada, request assistance in addressing limited parking and closure of parking structures in Downtown Santa Ana; also, homeless situation is affecting their business viability; suggest parking park let concept. o Mayor Pro Tem Martinez, to schedule meeting to discuss concept; include OC Supervisory CEO Mr. Kim. • Zailee Brucks, owner of Mil Jugos, also commented on closure of parking structure in front of their business; seek support to address issues raised by Mr. Trujillo. • Raul Sanchez, noted that parking structure closures have significantly impacted business. 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: CITY COUNCIL MINUTES 28 JULY 5, 2017 • Noted for the record that he and Mayor Pro Tem Martinez attended the NALEO conference. Mayor Pro Tem Martinez: • Disclosed attendance at NALEO Conference; homeless issue discussed that is of national concern; asked about City's strategy; agendize for City Council for discussion; • Requested options on fireworks be agendized for consideration; and • Adjourned meeting in memory of Charlene Hanson; mitigate traffic measures and lighting at intersection where she was fatally hit; SCAG may have funds available in the near future. Councilmember Solorio: • Attended Fireworks event at Centennial Park; well attended • Request status of Smart Program in connection with trash contract that was recently approved; • Commented on fireworks — Police Department to address staffing, and citation and confiscation enforcement as necessary. Councilmember Villegas: • Reported that he attended League of Cities conference in Monterey last week; • Attended the Annual Fireworks event at Centennial Park; kudos to staff. Councilmember Benavides: • Thanked staff for efforts to approve balanced budget and another successful Fourth of July celebration; and • Encouraged all to continue to support our local economy. Mayor Pulido: • Request staff assist downtown businesses with parking and homeless situation; and • Adjourned in memory of Margie Alvarado -Hayes, Charlene Hanson and Dale Dykema. ADJOURNED - 10:41 P.M. - The July 18, 2017 City Council Meeting is canceled. The next meeting of the City Council is scheduled for August 1, 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. ADJOURNED IN MEMORY OF MARGARITA "MARGIE" ALVARADO-HAYES; CHARLENE HANSON, AND DALE DYKEMA CITY COUNCIL MINUTES 29 JULY 5, 2017 C� Maria D. Huiza Z --),/77v -- Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Labor Contracts CITY COUNCIL MINUTES 30 JULY 5, 2017