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HomeMy WebLinkAbout2017-09-19 RegularCALLED TO ORDER MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 19, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:22 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO (5:11 P.M.) JOSE SOLORIO SAL TINAJERO (5:17 P.M.) 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 5:09 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: City of Santa Ana v. Kent Ochiai et al., Orange County Superior Court Case No. 30-2014-00763309-C U -E I -CJ C CITY COUNCIL MINUTES 1 SEPTEMBER 19, 2017 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full -Time Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) 3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code. Title: Clerk of the Council 4. PUBLIC EMPLOYEE — APPOINTMENT pursuant to Government Code Section 54957(b)(1). Title: City Manager CLOSED SESSION REPORT - See Item 19A for any reportable action(s). ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 SEPTEMBER 19, 2017 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:12 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 BOB BARNETT, POLICE CHAPLAIN SPECIAL PRESENTATION — Update from Arts and Culture Commission, Chair Sandra Pena. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ in recognition of Hispanic Heritage Month. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to 24 -Hour Fitness Santa Ana Edinger Super -Sport Facility in recognition of their grand opening. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the following individuals for supporting the City's efforts to establish an Immigration Legal Defense Fund: Sameer Ashar; Ruben Barreto; Kimberly Castro; Nathalie Cedeno; Hairo Cortes; Andani Alcantara Diaz; Eric Dominguez; Erik Garcia; Norma Garcia Guillen; Roberto CITY COUNCIL MINUTES 3 SEPTEMBER 19, 2017 Herrera; Faby Jacome; Jennifer Koh; Annie Lai; Brennan Lowe; Carlos Perea; Claudia Perez; Blanca Robles; Sabrina Rivera; Jose Servin; Alexis Teodoro; Vecindario Lacy en Accidn. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the Museum of Teaching and Learning Board for their outstanding contributions to the community: Mike Cymbrowsky Loren Doll, Mary Deming; Minard Duncan; Michael Habashi; Greta Nagel; and Eva Postma. PROCLAMATION to A.C. Green, retired National Basketball Association player and CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER VILLEGAS to the Orange County Hispanic Chamber of Commerce and Johnny Gutierrez from The Life and Hope Foundation for their contributions to the Orange County Leadership Program. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER VILLEGAS to Edgar Vasquez for his bravery in saving a victim from a burning vehicle. CLOSED SESSION REPORT — See Agenda Item 19A for reportable action. PUBLIC COMMENTS • Alexis Teodoro, spoke in support of National Renters Rights Week and creation of policies to that end. • Victor Payan, invited all to attend 81h Annual OC Film Fiesta on October 6th. • Luis Sarmiento, supports mobilization efforts on affordable housing, homelessness and immigrant rights. • Araceli Robles, spoke in support of National Renters Rights Week and expansion of affordable public housing. • Esperanza Vielma, environmental researcher with Restore the Delta; request open dialogue with officials and informational session to the residents. • Carl Beninger, noted that deadline to apply for SB1 approaching; spoke in support of water and tree conservation; supports addition of public works staffing. o Councilmember Sarmiento requested a WorkStudy Session on rental statistics; conditions; evictions; affordable housing stock and number of absent landlords; find path for ownership Mur -NUN 11 CIVI %'%jj4 71UG rxCu WU 1 Vr wmu"M- Vny11YAlmy" V Wlw I�L.wuvv Mayor Pulido, abstained on Agenda Item 11 B due to a potential conflict of interest and did not participate in the deliberation of said item. Mayor Pro Tem Martinez assumed the Chair. 11 B. ORDINANCE SECOND READING - ADOPT AN ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO. 5, 1} (Planning and Building Agency) - Clerk of the Council Office Placed on first reading at the September 5, 2017 City Council meeting and approved by a vote of 5-0 (Pulido abstained and Martinez absent). CITY COUNCIL MINUTES 4 SEPTEMBER 19, 2017 Published in the Orange County Reporter on September 8, 2017. The following spoke on the matter: • Federico Sayre, represent Los Vendedores organization, spoke in opposition to the proposed ordinance; concerned with the following: 1. No owner or operator of a vending vehicle shall permit vending within two hundred and fifty (250) feet from a school, park, community center or public playground facility; 2. Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public streets, alley, or highway is thirty-five (35) miles per hour or greater.3. 14th amendment violation and 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. Any signage or display for a food vending vehicle must comply with the generally applicable sign regulations contained in Chapter 41 of the Code. • Alex Soriano, concerned with some proposed provisions in ordinance. • Aniceto Mejia Sanchez, noted that proposed changes would personally affect him and his family's wellbeing. • Victor Payan, support mobile vendors; suggest use of parking lots along with cultural activities • Irma Macias, spoke in support of proposed ordinance that will regulate mobile vending trucks. Councilmember Benavides, requested clarification of 250 feet and 35 speed limit issue raised by Mr. Sayre. City Attorney Carvalho, noted that recommendations received from concerns raised by Public Works safety study and also to be consistent with brick and mortar businesses Assistant Director of Public Works, William Galvez, also indicated that safety study addressed concerns raised. City Attorney Carvalho, added that staff asked how many trucks would be impacted and no specific information was provided. Councilmember Tinajero, opined that spirit of ordinance included input from public and vendors; supports measure. Councilmember Sarmiento, thanked all involved in crafting ordinance; important to balance interests and quality of life for residents; supports creation of islands for vending trucks. City Attorney Carvalho, noted for the record that death rate increased when speed limits increased. CITY COUNCIL MINUTES 5 SEPTEMBER 19, 2017 Councilmember Solorio, research was robust and included safety and legal concerns. Mayor Pro Tem Martinez, supports measures that protect children, healthy food options and air quality. MOTION; Place ordinance on second reading and adopt. ORDINANCE NO. NS -2924 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAINED: Pulido(1) ABSENT: None (0) CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 31 B, with the following modifications: • Mayor Pro Tem Martinez dissented on Agenda Items 11A, 25J, 25K, and 25K and pulled Agenda Item 25A and 25F for separate action; and • Councilmember Sarmiento, dissented on Agenda Item 19E. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 6 SEPTEMBER 19, 2017 Stems 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 SEPTEMBER 5, 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. 11A. ORDINANCE SECOND READING - ZONING ORDINANCE AMENDMENT NO. 2016-03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 5, 1) (Planning and Building Agency) - Clerk of the Council Office Placed on first reading at the September 5, 2017 City Council meeting and approved by a vote of 6-0 (Martinez absent). Published in the Orange County Reporter on September 8, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2923 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE INCLUDING SECTION 41-198.13 (WIRELESS FACILITIES), SECTION 41-246 (R-2/TWO-FAMILY RESIDENCE), SECTION 41-593.4 AND 41-593.5 (SPECIFIC DEVELOPMENT/SD SITE PLAN REVIEW), SECTION 41-638.1 (MINOR EXCEPTION), SECTION 41-639 (PLANNING COMMISSION TO MAKE FINDINGS OF FACT), SECTION 41-642 (REVIEW OF DECISION OF PLANNING COMMISSION BY CITY COUNCIL; HEARING), SECTION 41-645 (APPEALS FROM DECISIONS OF PLANNING COMMISSION AND/OR ZONING ADMINISTRATOR -GENERALLY), SECTIONS 41-668 AND 41-669 (DEVELOPMENT PROJECT APPROVAL), AND SECTIONS 41-1309, 41- 1309.1, 41-1346, 41-1375 AND 41-1411 (VARIOUS PARKING STANDARDS) *Mayor Pro Tem Martinez, dissented on Agenda Item 11A. CITY COUNCIL MINUTES 7 SEPTEMBER 19, 2017 118.! AGENDA ITEMONSIDERED, OUT OF ORDER BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT GREGORY GUZMAN TO THE YOUTH COMMISSION AS AN ALTERNATE MEMBER FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 AS THE WARD 2 ALTERNATE REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Gregory Guzman for an appointment to the Youth Commission as an Alternate Member representing Ward 2 (replaces J. Barron). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement as follow: City of Santa Ana v. Kent Ochiai et al., Orange County Superior Court Case No. 30-2014-00763309-CU-EI-CJC; Acquisition of property, 1601 N. Bristol Street, in the amount of $1,882,500 (AGMT NO. 2017-259) 19B. EXCUSED ABSENCES — None 19C. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2017 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-planning . MOTION: Receive and file. 19D. AUTHORIZE SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STRATEGIC PLAN NO 4, 1) - Community Development Agency MOTION: Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. CITY COUNCIL MINUTES 8 SEPTEMBER 19, 2017 19E. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each makes discretionary decisions on whether to retain records past the minimum requirements. *Councilmember Sarmiento, dissented on Agenda Item 19E. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-085 - AWARD A PURCHASE ORDER CONTRACT AWARD FOR ROCK, SAND, AND GRAVEL {STATEGIC PLAN NO. 6, 1C) (Public Works Agency) - Finance and Management Services MOTION: Award a purchase order contract to West Coast Sand & Gravel, Inc., for a one-year period beginning October 1, 2017, and expiring September 30, 2018, with provisions for three one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $78,000, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 17-091 - AWARD A PURCHASE ORDER FOR CISCO NETWORK EQUIPMENT {STRATEGIC PLAN NO. 6,1) (Information Technology Department) - Finance and Management Services MOTION: 1. Authorize a one-time purchase and payment of purchase order to NIC Partners, Inc. for the purchase of Cisco network equipment in the total amount of $578,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from Charity IT as non-responsive. CITY COUNCIL MINUTES 9 SEPTEMBER 19, 2017 PROJECTS/CHANGE ORDERS 23A. APPROVE REVISED COST ANALYSIS FOR THE GRANT -FUNDED BISHOP/PACIFIC/SHELTON BICYCLE BOULEVARDS PROJECT TO INCLUDE THE PROPOSED IMPROVEMENTS AT THE INTERSECTION OF PACIFIC AVENUE AND MYRTLE STREET (PROJECT NO. 15-6848) (STRATEGIC PLAN NOS. 6, 1 B & 1 G) - Public Works Agency MOTION: Approve a revised Project Cost Analysis for the grant -funded Bishop/Pacific/Shelton Bicycle Boulevards project that redirects $95,000 in cost savings achieved through efficiencies in administration, inspection, and testing to the contingency, and increases the scope of work to include the Pacific Avenue/Myrtle Street intersection, resulting in a net zero change in the original approved construction delivery cost of $1,095,140. AGREEMENTS 25A. MOTION: Approve a Memorandum of Understanding between the City of Santa Ana and the City of Garden Grove related to the Willowick Golf Course property located at 3017 W 5th Street (AGMT. No. 2017-244). MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25B. APPROVE A FIRST AMENDMENT TO THE AGREEMENT FOR INTERACTIVE VOICE RESPONSE SYSTEM MAINTENANCE, SERVICES, AND SOFTWARE (STRATEGIC PLAN NOS. 7, 2D & 5E) - Information Technology Department and Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Selectron Technologies, Inc., an amount not to exceed $108,851.00 for a three year and eight-month period from November 1, 2017 — June 30, 2021, subject to non -substantive CITY COUNCIL MINUTES 10 SEPTEMBER 19, 2017 changes approved by the City Manager and City Attorney (AGMT. No. 2017-245). 25C. AGREEMENT FOR DATA CENTER MAINTENANCE AND SUPPORT SERVICES {STRATEGIC PLAN NO. 6, 11 - Information Technology Department MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Signature Technology Group, Inc. (STG), to provide maintenance and support services and related equipment for the City and Police Department data centers for a three-year period beginning September 19, 2017 through September 18, 2020 with an option for two one-year renewals for an annual amount not to exceed $ $37,460 which is comprised of the sum of $35,676 and a 5% contingency of up to $1,784 for a total amount not to exceed $187,300 over the life of the agreement if all extensions are utilized, for services as may be performed at the sole discretion of the City, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-246). 2. Reject the bid from Converge One as nonresponsive. 25D. APPROVE A FIRST AMENDMENT TO THE AGREEMENT FOR LANDSCAPE SERVICES IN DISTRICT A (CIVIC CENTER AND STADIUM) {STRATEGIC PLAN NO. 6, 1 B} - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Midori Gardens to modify the scope of services for landscape maintenance in District A (Civic Center Area and Stadium) and increase the annual amount starting October 1, 2017 from $255,605 to $329,739, which includes a 15% contingency, for the original term of July 1, 2016 through June 30, 2018, and each of the two, one-year renewal options for a total amount not to exceed $1,226,289 over the total term of the agreement, including renewals, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-247). 25E. APPROVE SECOND AMENDMENT TO AGREEMENT FOR WORKERS' COMPENSATION AND LIABILITY CLAIMS SOFTWARE STRATEGIC PLAN NO. 4, 3) - Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with Ventiv Technology, Inc., f/k/a AON eSolutions, Inc. to extend the term of the agreement for one year, CITY COUNCIL MINUTES 11 SEPTEMBER 19, 2017 ending on September 30, 2018, and to add an additional $43,124.49 to the agreement for a total not to exceed amount of $194,195.4, which includes the original compensation and the additional compensation provided by the first amendment to the (AGMT. No. 2017-248). 25F. APPROVE AN AGREEMENT FOR JAIL INMATE MEDICAL SERVICES {STRATEGIC PLAN NO. 1, 4A) - Police Department Councilmember Tinajero, concerned with recent reports in other states; requested number of grievances filed at the Santa Ana Jail since 2014; also inquired as to selection process. Robert Carroll, summarized bidding and selection process. Mayor Pro Tem Martinez, asked if City has current contract with US Marshalls; Interim City Manager Kurtz indicated that contract does not include any guarantees, but safety measures built-in. Councilmember Solorio, noted that contract includes 30 day cancellation clause; audit of services and oversight agencies in California. Councilmember Sarmiento, noted that medical services important to anchor agency at the jail facility. Councilmember Benavides, asked staff to address health and health-related services brought to the attention of the City. MOTION: Authorize the City Manager and Clerk of the Council to execute a two-year agreement, with three one-year options, with NaphCare, Inc. to provide basic and emergency health care services for Santa Ana Jail inmates, for the period of October 1, 2017 through September 30, 2019, in the amount of $4,991,486.78 (including a $100,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-249). MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Pulido, , Solorio, Villegas (4) Martinez, Sarmiento, Tinajero (3) None (0) None (0) CITY COUNCIL MINUTES 12 SEPTEMBER 19, 2017 25G. APPROVE A FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES FOR THE SANTA ANA DELHI CHANNEL DIVERSION PROJECT (PROJECT NO. 16-6467) (STRATEGIC PLAN NO. 5, 2) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with AECOM Technology Corporation by extending the term through December 16, 2019, and increasing the compensation by an amount not to exceed $278,321, for a total agreement amount not to exceed $750,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-250). 25H. AGREEMENT FOR CONSULTANT SERVICES RELATED TO THE INDIRECT COST RATE PROPOSAL TO RECEIVE GRANT FUNDS AS A RESULT OF THE PREPARATION OF CAPITAL IMPROVEMENT PROGRAM REIMBURSEMENT DOCUMENTATION SUBMITTED TO CALTRANS AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION; Authorize the City Manager and Clerk of the Council to execute an agreement with MGT of America, Inc., for the term beginning September 19, 2017, and expiring on September 18, 2018, with provision for a one- year extension exercisable by the City Manager and the City Attorney, to complete preparation of Indirect Cost Rate Proposal as described in Agreement No. A-2016-199, for a total amount not to exceed the original $45,125, subject to nonsubstantive changes approved by the City Manager and City Attorney. (AGMT. No. 2017-251). 251. APPROVE AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WALNUT PUMP STATION BUILDING UPGRADE PROJECT (PROJECT NO. 11-6412) {STRATEGIC PLAN NO. 6, 1C) - Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with NV5 Global, Inc., for a two-year term beginning September 19, 2017, and expiring on September 18, 2019, with provisions for a one-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $180,000 over the entire life of the agreement, including any renewal period, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-252). 25J. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 3A, 1027 NORTH BRISTOL STREET (APN 405-274-09) (PROJECT NO. 136792 NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G & 3, 2C) - Public Works Agency CITY COUNCIL MINUTES 13 SEPTEMBER 19, 2017 MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreement for the property located at 1027 North Bristol Street (APN 405-274-09) with property owner Euler R. Ferrer and Yolanda G. Ferrer as members for E.R. Ferrer - LLC, for a full acquisition in the amount of $679,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-253) *Mayor Pro Tem Martinez, dissented on Agenda Item 25J. 25K. APPROVE TENANT INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A, 1027 NORTH BRISTOL STREET (APN 405-274-09) (PROJECT NO. 136792, NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G & 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Tenant Interest purchase agreement in the property commonly known as General Family Dentistry located at 1027 North Bristol Street (APN 405- 274-09) and goodwill (if any) with property owner E.R. Ferrer - LLC, in an amount of $311,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-254). *Mayor Pro Tem Martinez, dissented on Agenda Item 25K. 25L. APPROVE TENANT INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A, 1111 N. BRISTOL STREET, SUITE I & J (APN 405-274-10) (PROJECT NO. 136792, NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G & 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Tenant Interest purchase agreement in the property commonly known as Back Pain Chiropractic Clinic, located at 1111 N. Bristol Street, Suite I & J (APN 405-274-10) and goodwill (if any) with property owner Thomas M. Hewko D.C., in the amount of $116,490, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-255). *Mayor Pro Tem Martinez, dissented on Agenda Item 25L. 25M. ADOPT THE THIRD AMENDMENT WITH GREAT -WEST FINANCIAL FOR RECORDKEEPING AND COMMUNICATION SERVICES PERTAINING TO THE 457 DEFERRED COMPENSATION PLAN WITH SUPPORTING INVESTMENT & FIDUCIARY PLAN ADVISORY SERVICES WITH BENEFIT FINANCIAL SERVICES GROUP {STRATEGIC PLAN NO. 7, 4) - Finance and Management Services MOTION: CITY COUNCIL MINUTES 14 SEPTEMBER 19, 2017 1. Authorize the City Manager and Clerk of the Council to execute a third amendment with Great -West Financial, for recordkeeping and communication services pertaining to the 457 deferred compensation plan for a three month period beginning October 1, 2017 through December 31, 2017, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-256). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Benefit Financial Services Group (BFSG), for plan and investment advisory services pertaining to the 457 deferred compensation plan for a three month period beginning September 19, 2017 through December 31, 2017 for an amount not to exceed $10,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-257). MISCELLANEOUS — BUDGET 29A. DONATION AGREEMENTS AND CITY SERVICES CREDIT WITH ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 41 - Council MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to non -substantive changes approved by the City Manager and the City Attorney, as follows: a. Charitable Ventures of Orange County to support the National Senior Citizen Day to celebrate Santa Ana seniors and culture, in the amount of $1,000 (Councilmember Villegas); b. Charitable Ventures of Orange County to support the Artesia Pilar Neighborhood Association in restoring five murals on Civic Center Street with the assistance of local artists, in the amount of $500 (Councilmember Vlllegas); c. Roadrunner Football Boosters to support the Saddleback High School Football Team with on-going services, in the amount of $2,500 (Councilmember Tinajero). 2. Approve a donation to the Madison Park Neighborhood Association to support the Walk -a -Thou and Resource Fair, in the amount of $733.62 in City services credit (Councilmember Sarmiento). CITY COUNCIL MINUTES 15 SEPTEMBER 19, 2017 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. RECEIVE AND FILE STAFF REPORT APPROVING VARIANCE NO. 2017-01 TO ALLOW TWO ADDITIONAL WALL SIGNS ON THE PRIMARY ELEVATION FOR SMART & FINAL EXTRA LOCATED AT 1523 WEST SEVENTEENTH STREET - NEIL MCNAUGHT, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on August 28, 2017. MOTION: Receive and file the staff report approving Variance No. 2017-01 as conditioned. 31 B. RECEIVE AND FILE STAFF REPORT APPROVING VARIANCE NO. 2017-02 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE ORANGE COUNTY SCHOOL OF THE ARTS AT 123 EAST ELEVENTH STREET — MARK TURPIN, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on August 28, 2017. MOTION: Receive and file the staff report approving Variance No. 2017-02 as conditioned. **END OF CONSENT CALENDAR** Clerk of the Council Huizar administered the Oath of Office to Gregory Guzman, Ward 2 Alternate member on the Youth Commission. BUSINESS CALENDAR ITEMS AGENDA ITEM CONSIDERED OUT OF ORDER - REPORT 65A. APPROVE AN AMENDMENT TO FISCAL YEAR 2017/18 SEVEN-YEAR CAPITAL IMPROVEMENT PROJECT TO INCLUDE PARK PROJECTS IN THE AMOUNT OF $2 MILLION FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS {STRATEGIC PLAN NO. 5, 4A} - Parks, Recreation and Community Services Agency CITY COUNCIL MINUTES 16 SEPTEMBER 19, 2017 Consideration of item continued from the August 15, 2017 City Council meeting by a vote of 7-0. The following spoke on the matter: • Francine J. Harris, representing Senior Center, spoke in support of proposal. • Irma Mateo, spoke in support of open and safe environment for youth in our community. • Edwin Ruiz, member of the Permanecer y Prosperar Santa Ana, supports skate parks and active areas for residents. • Susana Sandoval, presented petition signed by residents in support of park improvements. • Desi Reyes, supports Saddleback View Park improvements as proposed. Councilmember Benavides, encouraged youth participation when considering future improvements and opportunities at other parks; also requested updates on effectiveness of security cameras. Councilmember Sarmiento, spoke in support of skate parks and alternative it offers youth in community. Mayor Pro Tem Martinez, thanked Parks and Recreation Executive Director Mouet, members of senior center and advocates for patience; requested regular updates on cameras. Councilmember Solorio, noted that lighting needed for video to be visible; need additional sport facilities, other improvements throughout the City warranted in addition to park rangers. Councilmember Tinajero, cautioned all on expectations. Councilmember Villegas, noted that staffing issues will be addressed in the near future. MOTION: Approve an amendment to the Fiscal Year 2017/18 Seven -Year Capital Improvement Program to include the following park projects in the amount of $2,000,000 from Community Development Block Grant funds: • Centennial Park security lighting in the amount of $450,000 • Centennial Park walkway improvements in the amount of $430,000 • Thornton Park parking lot renovation in the amount of $220,000 • Birch Park fence installation in the amount of $120,000 • Santa Ana Senior Center HVAC system upgrade in the amount of $70,000 • Saddleback View Park security lighting in the amount of $200,000 CITY COUNCIL MINUTES 17 SEPTEMBER 19, 2017 • Madison, Windsor, Jerome, Chepa's, Santa Anita, and Memorial Parks security cameras in the amount of $510,000 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: ABSTAIN ABSENT: RESOLUTIONS None (0) None (0) None (0) 55A. RESOLUTION AND AGREEMENT ACCEPTING EMERGENCY PREPAREDNESS KITS PROVIDED THROUGH FISCAL YEAR 2015 HOMELAND SECURITY GRANT PROGRAM (HSGP) (STRATEGIC PLAN NO. 1, 2F) - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-060 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN 2015 HOMELAND SECURITY GRANT PROGRAM FINANCIAL ASSISTANCE THROUGH THE COUNTY OF ORANGE, AND EXECUTE A TRANSFER AGREEMENT WITH THE COUNTY, DOCUMENTS, AND ASSURANCES THAT MAY BE NECESSARY FOR THE HSGP 2. Authorize the Chief of Police and the Clerk of the Council to execute an agreement with the County of Orange, commencing September 19, 2017, and running through May 31, 2018, to receive emergency preparedness kits purchased by the County through the FY 2015 Homeland Security Grant Program, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-258). MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES None (0) CITY COUNCIL MINUTES 18 SEPTEMBER 19, 2017 ABSTAIN: None (0) ABSENT: None (0) 55B. APPROVE A RESOLUTION TO AMEND CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET - COMMUNITY DEVELOPMENT AGENCY AND PERSONNEL SERVICES EXECUTIVE DIRECTORS {STRATEGIC PLAN NO. 7, 4A} - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017-061 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO ADJUST THE SALARY FOR THE UNREPRESENTED EXECUTIVE MANAGEMENT CLASSIFICATIONS OF EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT (EM) AND EXECUTIVE DIRECTOR OF PERSONNEL SERVICES, AND TO AMEND THE CURRENT ANNUAL BUDGET MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 55C. APPROVE THE HOMELESSNESS PREVENTION, INTERVENTION AND MITIGATION PLAN; ADOPT A RESOLUTION AMENDING THE BASIC CLASSIFICATION AND COMPENSATION PLAN; AND APPROVE AN APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NOS. 5,3A; 5,3C) - Personnel Services Agency and Community Development Agency Councilmember Benavides, City has established several programs and in collaboration with other agencies; concerned that City will be a magnet for other homeless driven out; Mayor Pro Tem Martinez, noted that County of Orange had entered into a Memorandum of Understanding for homeless services; need coordinated effort with all cities; action plan; also, concerned with sanitary water issues. CITY COUNCIL MINUTES 19 SEPTEMBER 19, 2017 Councilmember Solorio, City declared crises, need citywide plan, shared responsibilities, housing, employment and mental health services. Councilmember Villegas, essential to have focused efforts. Councilmember Sarmiento, supports concept of homeless center at the Great Park; regional/county problem; need point person, but not necessarily a designated position; asked City Attorney to review standing to sue the County for not better utilizing funds; staff to provide options for City Council consideration. Mayor Pulido, suggest that designated person meet with organization that currently provide services; highlighted that City of Tustin has designated 3 acres at former Marine Base to be utilized for homeless services. MOTION: 1. Create a City of Santa Ana Homeless Services Manager position. 2. Direct staff to implement the actions described in this report to: a. Improve internal coordination between City Agencies involved in providing services and enforcement related to the homeless population within Santa Ana. b. Enhance coordination with the County of Orange, neighboring cities and Orange County homeless service providers and faith -based organizations. c. Invest in connecting and increasing non-profit and faith -based services available to assist in responding to the City's homeless crisis. d. Develop and implement a specific legislative package to solicit state and federal assistance to respond to the needs for housing, enforcement and social services for the growing homeless population. 3. Adopt a resolution. RESOLUTION NO. 2017-062 - 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 AND AMENDING THE ANNUAL BUDGET TO ADD A HOMELESS SERVICES MANAGER POSITION IN THE CITY MANAGER'S OFFICE 4. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 20 SEPTEMBER 19, 2017 APPROPRIATION ADJUSTMENT NO. 2018-024 - To transfer funds from Fund 50 to Fund 11 to support the Homeless Manager Position for seven months in FY 2017/18. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) *Councilmember Tinajero left the meeting at 9:04 p.m. and did not return. REPORTS 65A. AGENDA ITEM CONSIDERED OUT OF ORDER *Interim City Manager Kurtz, reported a conflict of interest due to her spouse's employment with a waste company and left the Chamber during the deliberation of said item. 65B. APPROVAL OF AN ADDITIONAL 30 DAYS TO CONCLUDE THE NEGOTIATION WITH USA WASTE OF CALIFORNIA, INC. {STRATEGIC PLAN NO. 4, 1)- Public Works Agency The following spoke on the matter: • Jeff Snow, representing Rainbow Environmental Services, expressed concerned that Request for Proposal that staff was directed to initiate has not been released. Councilmember Solorio, asked if both parties were interested in extension and how discussions are going. Deputy City Manager Robert Cortez, clarified timeline; indicated that more than 90 days needed to review proposals received but will be forthcoming with recommendations. Councilmember Benavides, motion to approve additional 30 -days to conclude the negotiation with USA Waste of California Inc., seconded by Councilmember Solorio. CITY COUNCIL MINUTES 21 SEPTEMBER 19, 2017 Mayor Pro Tem Martinez, does not support additional negotiation time; proposed a Substitute Motion to immediately release a Request for Proposal (RFP), seconded by Councilmember Sarmiento (approved by 4-2 vote, Benavides and Solorio opposed). Councilmember Sarmiento, supports release of RFP; fiduciary responsibility to have open -competitive process. Mayor Pulido, requested clarification on past direction given to staff, asked why RFP not yet released. Deputy City Manager Cortez, noted that prior approval by the City Council included a one-year extension of contract to review all options available including release of RFP; staff currently evaluating the proposal received by USA Waste. Councilmember Benavides, asked if release of RFP would be one of the options provided to the City Council if matter reagendized for 30 days. Councilmember Sarmiento, asked what would happen if motion on the table failed. Mayor Pro Tem Martinez, noted that 90 day continuance already approved; opposed to another extension. City Attorney Carvalho, asked if staff able to accomplish new direction by City Council and implement prior to expiration of contract, June 2018 and if not will return with contract extension. Councilmember Benavides, perplexed by previous vote and new direction to staff; asked about exposure. City Attorney Carvalho, noted that recommended action did not include release of RFP; suggest alternative substitute motion to bring back at the following City Council with option to release RFP. Mayor Pro Tem Martinez and Councilmember Sarmiento, concerned that option to release RFP not provided to the City Council for consideration. Mayor Pro Tem Martinez and rescinded Substitute Motion. Councilmember Sarmiento, did not agree with opinion of City Attorney that substitute motion not allowed by Brown Act. CITY COUNCIL MINUTES 22 SEPTEMBER 19, 2017 SUBSTITUTE MOTION: Direct staff to bring back final analysis with one of the options being the release of the Request for Proposal (RFP) at the subsequent City Council Meeting. MOTION: Solorio SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: Sarmiento (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 65C. CONSIDERATION OF RESOLUTION CALLING UPON THE UNITED STATES CONGRESS TO IMMEDIATELY PASS THE DREAM ACT OF 2017 TO PROTECT INNOCENT YOUTH FROM DEPORTATION - City Manager's Office The following spoke on the matter: • Dailyn Rodriguez, supports DACA, Dreamers and immigrants. • Jair Bautista, commended action to provide funding for legal aid. • Jose Servin, proposed resolution to be more inclusive. • Faby Jacome, echoed comments by other speakers; innocent youth to be excluded from resolution. • Erick Garcia, would like resolution to include all member of our community • Claudio Gallegos, read statement from Congressman Lou Correa; support Dreamers and immigration is top priority. Councilmember Solorio, asked for clarification from speaker as to their request whether it was support for Dreamers or to broader immigration reform; supports resolution as proposed and comprehensive immigration bills. Faby Jacome, seek support for clean bill that is inclusive of all immigrant youth. Councilmember Villegas, abstained because he did not agree with some sections of resolution as drafted, but noted that he will submit own letter of support. Councilmember Benavides, supports comprehensive immigration reform; proposed resolution was in direct response to US President's Executive Order; important to protect the DACA students being targeted. Councilmember Sarmiento, echoed comments by Councilmember Benavides, motion to amend resolution, seconded by Councilmember Benavides. CITY COUNCIL MINUTES 23 SEPTEMBER 19, 2017 Mayor Pro Tem Martinez, read statement of support. AMENDED MOTION: Adopt resolution. RESOLUTION NO. 2017-063 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING UPON THE CONGRESS TO IMMEDIATELY PASS THE DREAM ACT OF 2017 AND TO PROTECT IMMIGRANT YOUTH AND FAMILIES FROM DEPORTATION MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio (5) None (0) Villegas (1) Tinajero (1) 75A. CONTINUE PUBLIC HEARING - ADOPT AN ORDINANCE FOR THE REGISTRATION OF ABANDONED AND DEFAULTED RESIDENTIAL/COMMERCIAL PROPERTY AND ADOPT A RESOLUTION TO ADD THE $480 FEE FOR SERVICES IN THE FISCAL YEAR 2017/18 MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN NO. 5, 41 - Planning and Building Agency Legal Notice published in the Orange County Reporter August 25, 2017 and September 1, 2017. Continued from the September 5, 2017 City Council meeting by a vote of 6-0 (Martinez absent). Mayor Pro Tem Martinez, requested number of bank -owned abandoned and defaulted residential and commercial properties. MOTION; Continue consideration of matter to the October 3, 2017 Council Meeting per staff's request. MOTION: Sarmiento VOTE: AYES: SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) CITY COUNCIL MINUTES 24 SEPTEMBER 19, 2017 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero(1) *Mayor Pulido reported a potential conflict of interest and left the dais during the deliberation of matter. Mayor Pro Tem Martinez assumed the Chair. 75B. PUBLIC HEARING — ORDINANCE AMENDMENT NO. 2017-02 TO AMEND CERTAIN SECTIONS OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE (MEDICAL MARIJUANA COLLECTIVES/ COOPERATIVES) — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 3, 5) - Planning and Building Agency Legal Notice published in the Orange County Reporter September 8, 2017. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2925 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA COLLECTIVES (SECTION 18-613 AND SECTION 18-617.1 OF ARTICLE XIII OF CHAPTER 18) MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Sarmiento, Solorio, Villegas (5) None (0) Pulido (1) Tinajero (1) COMMENTS 90A. CITY MANAGER'S COMMENTS • Interim City Manager Kurtz, noted that Friends of the Zoo held successful Zoofari event, invited all to Career Exploration Day and 5k Run on October 21 st. CITY COUNCIL MINUTES 25 SEPTEMBER 19, 2017 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Noted for the record that he was not able to attend the League Conference; • Fiestas Patrias were well attended; supports ad hoc committee to plan and execute Fiestas; kudos to Acting Police Chief for efforts; and • Lamented devastating earthquake in Mexico City; Mayor Pro Tem Martinez: • Attended League Conference; informative sessions on unfunded pension liabilities; cell tower sites; park bonds and related. Councilmember Solorio: • Congratulated staff on success of Fiestas Patrias; consider ad-hoc committee to better plan "Grito"; • Attended League Conference in Sacramento; sessions were informative and covered wide range of issues; • Hosted session on business license forum; request business license application be available in multiple languages; and • Asked staff to monitor Sheriff's activity along the riverbed; do not push out homeless to Santa Ana; opined that housing component should be shared responsibility. Councilmember Villegas: • Thanked all staff involved in Fiestas Patrias. Councilmember Benavides: • Commended hard work and efforts in coordinating event held over the weekend; • Consider relocating some events to other areas in the City • "Wings of the City" by Jorge Marin coming to Santa Ana in October; • Thoughts and prayers to Mexico in the aftermath of their earthquake; • Santa Anita Park hosting Love & Resource Fair on September 23rd; and • Encouraged all to continue to support local economy. Mayor Pulido • Noted that in coordination with Mayor of Garden Grove will submit letters of interest to Amazon to establish a 2nd Headquarter at either One Broadway Plaza or former OC Register. ADJOURNMENT - 10:08 P.M. - The next meeting of the City Council is scheduled for Tuesday, October 3, 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. Kan1�t;2 9✓" . Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Labor Contracts CITY COUNCIL MINUTES 26 SEPTEMBER 19, 2017