HomeMy WebLinkAbout2017-10-17 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
OCTOBER 17, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO (6:27 P.M.)
SAL TINAJERO (5:25 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
Irma Jauregui, spoke on behalf of Wilshire Square Neighborhood Association, opposed to
total contract amount for incoming City Manager which is higher than U.S. President.
Debbie McEwen, noted that candidate is fine fellow that worked here before, Santa Ana is
giant and complicated and deserves most talented and experienced and scope that we
can possibly hire; search was small and group was minimal; deserve broader base of
candidates.
Lisa Mills, executive recruiter for national firm; suggest that recruiter go back; unanimous
vote needed; no qualified candidate should be accepted with split vote; benefit package
includes evergreen; most money than any other in state of California; candidate is
likeable; handed 205 signed petition in opposition to hire for City Council consideration.
Mohammed Aly, speaking on litigation with catholic worker; proposed ordinance is tied to
item on the agenda; deemed unconstitutional violations suspected; met with advocates
have meet with City Attorney and staff; discussed point by point and questioned
constitutionality of each; reiterated importance of free speech with unbridle relations to
CITY COUNCIL MINUTES 1 OCTOBER 17, 2017
ordinance; government interest has already been ruled by courts; must be narrowly
tailored to many.
Perla Dionicio, spoke on former Police Chief Rojas case, opined that lawsuit outlines
corruption; request full investigation.
Jose Tapia, also spoke on lawsuit case by former Police Chief Rojas; opined that content
of case is of concern; commend him for bravery in filing lawsuit.
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:22 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. PUBLIC EMPLOYEE — APPOINTMENT pursuant to Government Code Section
54957(b)(1).
Title: City Manager
2. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
The Orange County Catholic Worker, et al. v City of Santa Ana, United States
District Court for the Central District of CA (S.D.), Case No.: 8:17-cv-01340
Carlos Rojas v City of Santa Ana, Orange County Superior Court of CA, Case No.
30-2017-00946219-C U -O E -CJ C
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 Management Association (PMA)
Service Employees' International Union (SEIU) Full -Time
Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 OCTOBER 17, 2017
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:33 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
COUNCILMEMBERS Absent:
None
STAFF Present:
CYNTHIA J. KURTZ, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
PRESENTATIONS
CERTIFICATE OF RECOGNITION presented by STATE SENATOR JANET NGUYEN,
MAYOR PRO TEM MARTINEZ AND MEMBERS OF THE CITY COUNCIL to Santa Ana
Police Sergeant Mike Gonzalez for his bravery in saving lives of victims of the Las Vegas
shooting.
SPECIAL PRESENTATION — Update from the Planning Commission.
PROCLAMATION presented by MAYOR PULIDO in recognition of Childhood Lead
Poisoning Prevention Week.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the
Orange County Labor Federation Civic Engagement & Leadership Participants: Corina
Aguirre; Maria Lourdes Ayala; Liliana Ayon; Silvia Barajas; Ofelia Chavez; Eva Corona;
Juana de la Torre; Maria del Carmen Mejia; Idalia Frias; Aurelia Hernandez; Emelia Mancia;
CITY COUNCIL MINUTES 3 OCTOBER 17, 2017
Graciela Murguia; Hilda Nieto; Maricela Reyes; Bertha Rodriguez; Melina Santiago; Julia
Santillo; Mayte Tapia; Silvia Torres; Marta Saavedra; and Martha Valdez,
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Benji's
Deli in recognition of their 50th Anniversary.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to MOMS
Orange County in recognition of their 25th Anniversary.
PROCLAMATION presented by COUNCILMEMBER TINAJERO AND BENAVIDES to the
Santa Ana Unified School District for being selected as a XQ Super School.
CLOSED SESSION REPORT - There was no reportable action.
PUBLIC COMMENTS (Agendized Items) - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 10A through 10D.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
MINUTES
SECOND: Tinajero
Benavides, Martinez, Pulido, Sarmiento, Tinajero,
Villegas (6)
None (0)
None (0)
Solorio (1)
10A. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF
OCTOBER 2, 2017 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 4 OCTOBER 17, 2017
10B. MINUTES FROM THE REGULAR MEETING OF OCTOBER 3, 2017
STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE ADJOURNED CLOSED SESSION MEETING OF
OCTOBER 6, 2017 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
10D. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF
OCTOBER 9, 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. SECOND READING ORDINANCE: ADOPT AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-551 AND
ADDING NEW SECTIONS 10-552,10-553 AND 10-554 TO THE SANTA ANA
MUNICIPAL CODE RELATED TO STORAGE OF PROPERTY, VEHICLE
ACCESS AND VOLUNTEER SERVICES IN THE CIVIC CENTER AREA
STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
Placed on first reading at the October 3, 2017 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on October 6, 2017.
The following spoke on the matter:
Michael Robbins, concerned with rise in number of homeless deaths;
suggest housing first as initiative.
Jeanine Robbins, commented that homelessness is countywide issue; and
noted the ordinance was cruel and malicious and jeopardizes the lives of
the homeless residents of this City. Asked the City Council to show
compassion towards the homeless population.
Mohammed Aly, concerned that comments limited to one -minute; opined
that delimitative changes are unconstitutional.
Sarah Gregory, attorney with ACLU, expressed concern that disabled
population significantly impacted by ordinance; services would be restricted;
housing is only solution.
CITY COUNCIL MINUTES 5 OCTOBER 17, 2017
Michelle Kotval, attorney with Legal Aid Society, on behalf of her client, The
Peoples Homeless Task Force, urged the City Council to vote no on this
ordinance because it does not provide a dignified or sustainable solution to
the homeless crises. Concerned with the provision in the ordinance that
prohibits tents and other essential living items.
Brooke Weistzman, noted the 4th and 8th Amendment and disability
concerns. Concerned that the enforcement on an ordinance like this would
rely on police discretion and would result in implicit bias and racial
disparities.
Julie Crandall, for the Legal Aid Society of Orange County and member of
OC Home, and represents some of the homeless in the Civic Center and
the Peoples Homeless Task Force. Opined the ordinance will be denying
vulnerable population their basic needs and depriving humanitarian efforts.
Asked the City Council to not pass this ordinance.
Lili Graham, Legal Aid Society representative, spoke against ordinance
because it criminalizes homelessness.
Sabyle Landrum, for the Legal Aid Society of Orange County. Addressing
the City Council on behalf of her clients. Expressed concern that the
ordinance is in violation of the A.D.A., the U.S. Constitution and unfairly
targets and criminalizes the homeless instead of constructively addressing
the health and safety concerns. Urged the City Council to vote no.
David Duran, spoke against ordinance.
Tim Houchen, noted that County has pushed problem over to the City side
by fencing their area while construction at the County.
Lou Noble, noted that confiscation of items is criminal; supports rent control
and housing first model.
Angel VanStark, represent Aid Services of Orange County, indicated that if
ordinance approved will not be able to provide services and increase
Hepatitis (health concern).
Eve Guerra, representing ACLU, need for basic items; submitted letter for
the record.
Kenneth Batiste, City to be a leader and provide humanitarian needs; rent
control.
Justin Samson, OC Poverty Alleviation Coalition representative, said that
homeless are often times not able to afford rent and forced to live on the
streets.
Aimee Dunkle, supports Needle Exchange Program due to personal
account with son.
Diane Goudstein, works for Needle Exchange Program, suggest partnership
as safety measure.
William Zheno, volunteer with Needle Exchange Program, commented that
program is only service provider in the County.
Blake Bosgieler, former patron of Needle Exchange Program, spoke in
support of program and need to continue allowing service providers.
CITY COUNCIL MINUTES 6 OCTOBER 17, 2017
Susan Knoll, representing the Orange County Needle Exchange, as an
educator and a substance abuse counselor she is concerned that making it
a criminal offense to possess clean needles will cause individuals to engage
in risky behavior. Asked the City Council for support to continue services.
Jemma Alarcon, representing OCNEP, concerned that the ordinance will be
keeping individuals away from OCNEP services. Urged the City Council to
vote no.
Alex Smith, spoke in support of clean needles to avoid staph diseases and
provide compassion.
Mahan Naeim, representing the Orange County Needle Exchange Program.
Commented on OCNEP goal of the safe and proper disposal of used
needles and concern that ordinance will only amplify an existing public
health issue. Noted the solution to needle liter is to incentivize proper
disposal of needles and not criminalizing it.
Carol Newark, volunteer with Needle Exchange Program, opined that
gentrification will occur if program ends.
Sofia Laguna, volunteer with Needle Exchange Program, opined that
passage of ordinance will criminalize homeless and further prohibit them
from obtaining employment and other services.
Dallas Augustine, spoke on behalf of Needle Exchange Program, said that
HIV can be prevented with use of clean needle.
Jasmine Sedaghati, volunteer with NEP, suggest that Santa Ana should
continue to be a sanctuary to all.
Thao Le, volunteer with NEP, read statements from users in support of
program.
Amy Magnus, volunteer with NEP, noted positive influence program has had
in City.
Kelsey Chrisley, building manager of the OC Law Library, supports
ordinance — noted that employees have a right to work in safe and clean
environment.
Donna Layne, resident, urged all to approve ordinance; long term solution is
housing, but ordinance is short term solution.
Margaret Sharpe, concerned that amendments to ordinance are not
enough; proposed to help address homelessness by identifying available
housing.
Jordan Hoiberg, representing OC Catholic Workers, met with staff and some
members of the Council to outline concerns with amended ordinance.
Bruce Creel (speaker spoke on his behalf), indicated that officer had not
allowed him to re-enter Chamber; opposed to ordinance.
Stephanie Roberts, representing community of Congregation Church,
opined that religious member would not support ordinance.
Lisa Mills, commended the City Council for being the most compassionate
in the county and spoke in support of the ordinance.
CITY COUNCIL MINUTES 7 OCTOBER 17, 2017
Jill Mahony, President of Santa Ana Credit Union, noted that homelessness
has affected business and endangered employees safety; consider impacts
to all
Dwight Smith, read from Vincent De Paul statement in support of human
services.
Katie Christy, sister of Saint Joseph volunteer, concerned that enforcers will
abuse power and violate human rights.
MaryRuth Storer, Director of Public Law Library, commented on
deteriorating conditions of services and building because of the
concentration of homeless in the civic center area.
Curtis Franklin, spoke in opposition to ordinance.
Jonathan Gibson, opined that ordinance will only displace homeless; urged
no vote.
Irma Macias, supports ordinance, represents community and students who
need safety measures.
Morgan Denges, work with OC Catholic Charities, presented petition in
opposition to ordinance; need to protect all residents equally.
Peter A. Katz, President of ComLink, need to address issues in civic center
area — clean area.
Esperanza Linares, spoke of current condition of library; children are at risk;
supports ordinance.
Kim Sandoval, voiced her concern that homeless are being blamed for
problems. Opposed taking away the Needle Exchange Program. Urged the
City Council to not take away their home and personal belongings.
DeDee (Last name not provided.), spoke in support of homeless services as
a former homeless.
James Dempsey, retired social worker, spoke in support of services.
Nate Greensides, opposed to criminalization of homelessness.
Sandra DeAnda, opined that homeless neglected with provisions of the
ordinance.
Jair Bautista, supports rent control and housing; opposed to ordinance.
Faby Jacome, program coordinator and deportation defense organization
with Orange County Immigrant Youth United, voiced opposition to
ordinance.
Dailgn Rodriguez, supports access to health and social services; do not
marginalize homeless.
Erik Garcia, supports human rights — opposed to ordinance.
Robyn Adams, noted that some homeless provide services for others.
Susan Sonne, homeless advocate that supports the County fund homeless
programs; affordable housing and access to affordable health care needed
to solve homelessness.
Julie Hartle, volunteer with Elderly Law Center, opined that misdemeanors
will bog down legal system.
CITY COUNCIL MINUTES 8 OCTOBER 17, 2017
David Carbajal, public health worker, spoke on behalf of Alliance Against
Gentrification, opposed to ordinance.
Mike Lopez, representing SEIU Local 721, noted that homeless rights are
not eliminated, but establishing safety and health for all; supports ordinance.
Wayne Bakker, employee of the City, spoke of risks posed to employees
that work in the area; need to minimize risks.
Michael Montecalvodra, urged a no vote on ordinance.
Patricia Walker, employee of the OC Public Law Library, commented on
problems with encampment and deteriorating condition of facilities.
Mextli Lopez, urged the City Council to vote no and to provide access to
food and shelter to the homeless.
Katelyu Seitz, opined dehumanizing citizens without a home is not a
solution. Urged the City Council to ask what makes the community safe.
Daniel Millan, opined the ordinance only limits access to services needed.
Urged the City Council to vote no.
Nicholas D'Andrea, urged City Council to vote no.
Tanya, expressed her support for the ordinance.
Cecilia Iglesias, on behalf of Santa Ana Parent Union, expressed safety
concern at the Civic Center and access to resources to residents. Urged the
City Council to vote yes.
Richard Walker, request a no vote; opined that homeless will divert services
and not solve their problems; solutions needed through housing.
Council discussion.
City Attorney Carvalho, clarified procedural question raised during public
comments regarding deliberation. Councilmembers confirmed that any
communication at the dais was not on topic item. Summarized efforts to
address health and safety elements and proposed amendments; services only
to be regulated including Needle Exchange Program, other areas to be
regulated include number of dogs allowed, shade and tents; safety concerns of
paramount importance. (amendments to Section 2 on placement use of
temporary structure shade and Section 10-554 require permit to provide
organized services.)
Councilmember Tinajero, commented on weather conditions that may require
other further amendments; suggested amendment that when it rain tents be
allowed.
Mayor Pro Tem Martinez, supports ordinance, spoke of scarce resources to
address various and citywide issues; citywide solution needed; asked that in six
months report on how tracking, what resources JPA funds general funds,
positions and call for service and tracking of Needle Exchange Program and
how many prosecuted; need sustainable efforts.
Councilmember Benavides, thanked speakers, housing opportunities and many
variables to consider; supports ordinance.
CITY COUNCIL MINUTES 9 OCTOBER 17, 2017
Councilmember Sarmiento, asked that service providers offer services in their
respective cities; County of Orange is vested with the right to address the social
service homeless population issues because they receive federal funds from
the Housing Urban Department.
City Attorney Carvalho, noted that amendment will include discretion of officer
to cite as misdemeanor or infractions.
Councilmember Tinajero, noted that City has invested significant amount of
money for affordable housing programs.
Interim City Manager Kurtz, indicated that County could designate 1000 beds at
former Tustin Marine Base for housing, but instead Board of Supervisors
approved land for commercial development.
Councilmember Solorio, provided housing statistics; services needed including
jobs and housing; Needle Exchange Program should be offered in other cities;
safety for all; supports ordinance.
Councilmember Villegas, commented that Needle Exchange Program has had
success story; continue to advocate for safety.
Mayor Pulido, noted that City has done more than any other City as it relates to
homeless; supports amended ordinance.
Interim City Manager Kurtz, housing first model and emergency funds will be
considered at next meeting and working with WISE Place and Illumination
Foundation to provide housing.
MOTION: Place amended ordinance on second reading and adopt.
ORDINANCE NO. NS -2926 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 10-551 AND ADDING NEW
SECTIONS 10-552, 10-553 AND 10-554 TO THE SANTA ANA MUNICIPAL
CODE RELATED TO STORAGE OF PROPERTY, VEHICLE ACCESS AND
VOLUNTEER SERVICES IN THE CIVIC CENTER AREA
MOTION: Pulido
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
10 OCTOBER 17, 2017
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 11B through 25H with the following modifications:
Mayor Pro Tem Martinez, pulled Agenda Items 20A, 25C, 25F, and 25H for
separate action; and
Mayor Pulido, pulled Agenda Item 256; to allow speaker to address City
Council.
MOTION: Sarmiento
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
11 B. SECOND READING ORDINANCE: ADOPT AN ORDINANCE FOR THE
REGISTRATION OF ABANDONED AND DEFAULTED
RESIDENTIAL/COMMERCIAL PROPERTY {STRATEGIC PLAN NO. 5, 1) -
Clerk of the Council Office
Placed on first reading at the October 3, 2017 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on October 6, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2927 - AN ORDINANCE, ADDING DIVISION 3 TO
ARTICLE 10, OF CHAPTER 8 OF THE CITY OF SANTA ANA MUNICIPAL
CODE OF TO BE ENTITLED, 'REGISTRATION AND MAINTENANCE OF
ABANDONED AND DEFAULTED MORTGAGE PROPERTY'; PROVIDING
FOR PURPOSE, INTENT AND APPLICABILITY OF THE ORDINANCE
REQUIRING THE REGISTRATION AND MAINTENANCE OF CERTAIN REAL
PROPERTY BY MORTGAGEES; PROVIDING FOR PENALTIES AND
ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION AND
REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN THE CITY
CITY COUNCIL MINUTES 11 OCTOBER 17, 2017
11C. SECOND READING ORDINANCE: ADOPT ZONING ORDINANCE
AMENDMENT NO. 2017-02 FOR THE ARTISAN AT SOUTH COAST A 42 -
UNIT SINGLE FAMILY RESIDENTIAL PROJECT AT 2001 WEST
MACARTHUR BOULEVARD — SHEA HOMES, APPLICANT {STRATEGIC
PLAN NOS. 5, 1) - Clerk of the Council Office
Placed on first reading at the October 3, 2017 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on October 6, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2928 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT PLAN
NO. 4, PERTAINING TO THE ARMSTRONG RANCH DEVELOPMENT, TO
ALLOW TEMPORARY SALES OFFICES, MODIFY THE PARKING
STANDARDS AND INCORPORATE DEVELOPMENT STANDARDS FOR A
SMALL LOT SUBDIVISION (SD -4) (ZOA NO. 2017-02) FOR THE PROJECT
AT 2001 W. MACARTHUR BOULEVARD
BOARDS / COMMISSIONS / COMMITTEES
13A. APPROVE APPOINTMENT OF DEBRA BAETZ TO THE WORKFORCE
DEVELOPMENT BOARD REPRESENTING ORANGE COUNTY SOCIAL
SERVICES AGENCY {STRATEGIC PLAN NO 5, 1) - Community Development
Agency
MOTION: Appoint Debra Baetz, Director Family Self Sufficiency and Adult
Services, to represent Orange County Social Services Agency on the
Workforce Development Board replacing Nathan Nishimoto for a partial
term expiring May 31, 2019.
13B. RECEIVE AND FILE AGENDA AND MINUTES OF THE SPECIAL MEETING
OF LEGISLATIVE AFFAIRS, ETHICS AND TRANSPARENCY CITY COUNCIL
COMMITTEE, OCTOBER 4, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
MOTION: Receive and file.
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.
CITY COUNCIL MINUTES 12 OCTOBER 17, 2017
17A. RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT
MAP NO. 17979 BY CITY ENGINEER (1506 WEST FIRST STREET)
STRATEGIC PLAN NO. 3, 2) - Public Works Agency
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORT FOR
SEPTEMBER 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. RECEIVE AND FILE QUARTERLY REPORT OF CONTRACTS VALUED AT
25,000 OR LESS ENTERED INTO BY THE CITY MANAGER (JULY 1, 2017 -
SEPTEMBER 30, 2107) AS PERMITTED BY CHARTER SECTION 421
STRATEGIC PLAN NO. 4, 1) - Finance and Management Services
MOTION: Receive and file.
19E. RECEIVE AND FILE BYLAWS FOR THE LEGISLATIVE AFFAIRS, ETHICS,
TRANSPARENCY, AND COMMUNICATIONS COUNCIL COMMITTEE
STRATEGIC PLAN NO. 5, 11 - City Manager's Office
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENTS AND AWARD CONTRACT
FOR EMERGENCY REPAIRS RELATED TO JANUARY 2017 STORM
DAMAGE AT THE LINCOLN AVENUE CHANNELS (PROJECT 17-6613)
STRATEGIC PLAN NO, 6, 1C} (Personnel Services Agency) - Public Works
Agency
CITY COUNCIL MINUTES 13 OCTOBER 17, 2017
MOTION:
1. Authorize the City Manager and Clerk of the Council to award and
execute a construction contract to Arnaz Engineering Contractors,
Inc., for emergency construction to repair storm damage at the Lincoln
Avenue Channel, to be performed on a time -and -materials basis, in the
total amount not to exceed $431,250, 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 $540,000, which includes the contract amount,
administration, inspection, testing, and an authorized contingency of
44,025.
3. Approve an appropriation adjustment. (Requires five affirmative votes)
a. APPROPRIATION ADJUSTMENT NO. 2018-032 - Approve an
appropriation adjustment appropriating $460,000 from prior year
fund balance in the Local Drainage Area II revenue account, and
appropriating the same amount into the Local Drainage Area II
expenditure account.
b. APPROPRIATION ADJUSTMENT NO. 2018-031 - Approve an
appropriation adjustment appropriating $80,000 from prior year
fund balance in the Local Drainage Area V revenue account, and
appropriating the same amount into the Local Drainage Area V
expenditure account.
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
AGREEMENTS
SECOND: Benavides
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
Martinez (1)
None (0)
None (0)
25A. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION
AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building
Agency
CITY COUNCIL MINUTES 14 OCTOBER 17, 2017
Historic Resources Commission approved recommended action on September
28, 2017.
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached Mills Act agreements with the below -referenced property
owners for the identified structures, subject to non -substantive changes
approved by the City Manager and City Attorney.
Historic Prop.
Property Owner(s) Preservation No. Address/House Agmt. No.
1. Erik Robert 2017-01 1237 W. Third Street AGMT. No.
Wood Guillen House) 2017-275
2. Stephen and 2017-06 2340 N. Riverside AGMT. No.
Jessica Kulik Drive (Dr. Harry 2017-276
Huffman House)
3. James and 2017-07 949 W. River Lane AGMT. No.
Tonya Teter House) 2017-277
Skurzynski
4. Francisco Lacy 2017-11 817 N. Lacy (McNeil AGMT. No.
House) 2017-278
5. Angela Meyer 2017-13 1909 Poinsettia St. AGMT. No.
Molfetto House) 2017-279
6. Curt and Rita 2017-15 821 N. Olive St. AGMT. No.
Merlo Travis House) 2017-280
7. The Skilton 2017-17 2415 N. Heliotrope AGMT. No.
Family Trust Dr. (Paterson House) 2017-281
8. Philip and Irene 2017-18 1711 N. Bush St. AGMT. No.
Chinn Andres House) 2017-282
9. Philip and Irene 2017-19 2900 N. Flower St. AGMT. No.
Chinn Smiley House) 2017-283
10. Matthew and 2017-20 541 W. Santa Clara AGMT. No.
Lacy White Ave. (Pett House) 2017-284
11. Carl and Patricia 2017-21 2337 N. Santiago St. AGMT. No.
Telles H.L. Johnson 2017-285
House)
2513. APPROVE A MEMORANDUM OF UNDERSTANDING FOR THE SAFETY
AND FAIRNESS FOR EVERYONE SAFE) CITIES NETWORK AND AN
AGREEMENT FOR IMMIGRATION LEGAL DEFENSE SERVICES - City
Manager's Office
The following spoke on the matter:
CITY COUNCIL MINUTES 15 OCTOBER 17, 2017
Robert Herrera, thanked City Council for supporting universal representation
and immigrant and undocumented community. Urged the City Council to
vote in support of undocumented community, immigrant defenders, and for
universal representation.
MOTION:
1. Authorize the City Manager and the Clerk of the Council to execute a
Memorandum of Understanding between the Vera Institute of Justice
and the City of Santa Ana, effective from the date approved by the City
and ending October 31, 2018, subject to non -substantive changes
approved by the City Manager and the City Attorney. (AGMT. No. 2017-
286)
2. Authorize the City Manager and the Clerk of the Council to execute an
agreement with Immigrant Defenders Law Center in an amount not to
exceed $65,000, for a one-year period beginning November 1, 2017 and
ending October 31, 2018, subject to non -substantive changes
approved by the City Manager and City Attorney. (AGMT. No. 2017-287)
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4)
NOES: Pulido, Solorio, Villegas (3)
ABSTAIN: None (0)
ABSENT: None (0)
25C. APPROVE AN AGREEMENT FOR INMATE TELEPHONE AND VIDEO
VISITATION SERVICES AT THE SANTA ANA JAIL {STRATEGIC PLAN NO.1,
3a) - Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a two-year agreement with three one-year options with Legacy
Inmate Communications, for the period of November 1, 2017 through
October 31, 2019, in the amount of $235,000, subject to non -substantive
changes approved by the City Manager and City Attorney. (AGMT. No.
2017-288)
MOTION: Benavides
VOTE: AYES
SECOND: Solorio
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
CITY COUNCIL MINUTES 16 OCTOBER 17, 2017
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: None (0)
25D. APPROVE AN AGREEMENT FOR ON-GOING CITY-WIDE CAMERA
SYSTEM PROJECTS AND MAINTENANCE (STRATEGIC PLAN NOS. 1, 1J)
Parks, Recreation and Community Services Agency and Community
Development Agency) - Police Department
MOTION; Authorize the City Manager and Clerk of the Council to execute
a three-year master agreement with Siemens, Inc., for the period of
November 9, 2017 through November 8, 2020, in an amount not to exceed
1,054,900. A $166,350 contingency has been added to allow for
unanticipated changes, expenses, or additions for a total not to exceed
amount of $1,221,250. (AGMT. No. 2017-289).
25E. APPROVE AN AGREEMENT FOR PAVEMENT MANAGEMENT PROGRAM
SERVICES (PROJECT 18-6898) {STRATEGIC PLAN NOS. 6, 1A & 1F) -
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Nichols Consulting Engineers (NCE), for the two-year
term beginning October, 17, 2017, and expiring October 16, 2019, with an
option for a one-year extension exercisable by the City Manager and City
Attorney, for a total amount not to exceed $94,105, including a 10 percent
contingency, subject to non -substantive changes approved by the City
Manager and City Attorney. (AGMT. No. 2017-290)
25F. APPROVE AN EXTENSION OF THE SOLID WASTE SERVICES
AGREEMENT AND RECEIVE AND FILE THE NEW -SOLID WASTE
SERVICES REQUEST FOR PROPOSAL TIMELINE AND DRAFT SCOPE OF
WORTS {STRATEGIC PLAN NO. 4, 11 - Public Works Agency
Executive Director of Public Works, Fred Mousavipour, noted that two
recommended actions included on the Agenda; staff will return on November
21St on scope of work and content of Request for Proposal (RFP);
recommended action #1 was an extension of two years to current provider, but
draft contract has additional changes that need to be worked through before
presented to the City Council for approval.
The following spoke on the matter:
Jeff Snow, representing Republic Services, offered propositions for City
consideration that would provide value; encouraged an open and
transparent request for proposal; short term extension of current contract to
CITY COUNCIL MINUTES 17 OCTOBER 17, 2017
be limited to 12 month extension only; opined that 16 month process is
sufficient.
George Urch, representing Ware Disposal, thanked the City Council for
bringing other waste contracts and asked it to be brought forward along with
other waste contracts.
Councilmember Sarmiento, noted that recommended action #1 would be
forthcoming; requested clarification on RFP; also, indicated that he reached out
to staff to make sure that other waste haulers (Ware and Madison Materials)
also have same coterminous extension included in staff report since it's his
second request.
Director Mousavipour, indicated that RFP has been substantially completed;
timeline includes critical dates up to implementation of new contract
MOTION; Receive and file the new Solid Waste Services Request for
Proposals Process Timeline and draft Scope of Work and draft
framework.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25G. APPROVE AN AGREEMENT FOR ON-CALL LEGAL SERVICES RELATED
TO ADMINISTRATIVE AND LITIGATION MATTERS FOR PERSONNEL,
POLICE, AND GENERAL LIABILITY (STRATEGIC PLAN NO. 1,3,4,5) - City
Attorney's Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the law firm of Grossberg & Hoehn for a three (3) year
term ending on October 16, 2020, with an option to extend the term for up
to one (1) year, in an amount not to exceed $500,000, including any
extension period, subject to non -substantive changes approved by the
City Manager and the City Attorney. (AGMT. No. 2017-291)
25H. APPROVAL OF, AGREEMENT TO APPOINT RAUL GODINEZ :AS CITY
MANAGER — Personnel Agency
CITY COUNCIL MINUTES 18 OCTOBER 17, 2017
The following spoke on the matter:
Cecilia Iglesias, expressed concern as to the size of the contract and
benefits of the City Manager position. Urged the City Council to vote no
Council discussion ensued.
City Attorney Carvalho, noted that candidate has good faith remove deferred
compensation and forgo of Pay for Performance and reduce severance to 12
months from 18 months but added provision that no termination 6 months
before and 6 months after a municipal election.
Councilmember Villegas, three new councilmembers coming next election and
concerned with terms; other candidates are more qualified; suggest an acting
until new council is installed.
Mayor Pro Tem Martinez, commented that any candidate comes to a divided
city council; need leader that brings stability and professional
recommendations; supports candidate.
Councilmember Tinajero, noted that council is responsible to hire city manager.
Councilmember Sarmiento, appreciate the delivery of information as it relates
to amendments to contract, noted that City had thorough process; concerned
that some privileged information was released; need to respect the democratic
process.
Councilmember Solorio, has had positive interactions with candidate on public
works projects; does not support the contract terms.
Councilmember Benavides, noted that many qualified candidates were
considered; asked what the salary range and if it falls within 15% differential of
next director; opined that candidate has character and personality to lead
dynamic City; urged colleagues to work for the benefit of the residents.
City Attorney Carvalho, noted that salary is $285,000 and within compensation
range of next director.
Councilmember Solorio, asked clarification of salary; opined that total package
was excessive.
Mayor Pulido, asked for 6 month protection before and after election and 12
month severance — golden parachute.
MOTION: Direct and authorize the Mayor and the Clerk of the Council to
execute the attached agreement appointing Raul Godinez as the City
Manager for the City of Santa Ana (AGMT. No. 2017-292).
MOTION: Tinajero SECOND: Martinez
CITY COUNCIL MINUTES 19 OCTOBER 17, 2017
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4)
NOES: Solorio, Pulido, Villegas (3)
ABSTAIN: None (0)
ABSENT: None (0)
END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
75A. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT NO. 2017-03 TO
AMEND SPECIFIC DEVELOPMENT NO. 60 TO ALLOW A NEW 75 -FOOT
TALL DOUBLE FACE DIGITAL ILLUMINATED PYLON SIGN AT THE SANTA
ANA AUTO MALL LOCATED AT 1505 SOUTH AUTO MALL DRIVE — SCOTT
HAMPTON, APPLICANT; APPROVE SALES TAX LOAN AGREEMENT
BETWEEN CITY OF SANTA ANA AND SANTA AUTO MALL AUTO DEALERS
ASSOCIATION; APPROVE INTER -FUND LOAN BETWEEN THE CITY
GENERAL FUND AND THE SANITARY SEWER SERVICE FUND; APPROVE
PAYMENT TO EMI INC. FOR THE PURCHASE OF AN LED SIGN AT THE
SANTA ANA AUTO MALL (STRATEGIC PLAN NO. 3, 2) - Planning and
Building Agency; and Public Works Agency
Planning Commission approved recommended action on September 25, 2017.
Legal Notice published in the Orange County Reporter on October 6, 2017 and
notices mailed on October 5, 2017.
MOTION: Continue consideration of matter to the November 7, 2017, at
the request of staff.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
CITY COUNCIL MINUTES
SECOND: Tinajero
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
20 OCTOBER 17, 2017
ABSENT: Martinez (1)
Mayor Pro Tem Martinez and Councilmember Tinajero left the meeting at 10:24 p.m. and did
not return.
Mayor Pulido and Councilmember Sarmiento reported a potential conflict of interest and
abstained on Agenda Item 75B. They left the dais. Councilmember Tinajero assumed the
Chair and deliberation of matter.
75B. PUBLIC HEARING: ORDINANCE AMENDMENT NO. 2017-03 TO CREATE
CHAPTER 40 IN THE SANTA ANA MUNICIPAL CODE (COMMERCIAL
CANNABIS) — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS.
3, 2, 3, 5; 4, 3) - Planning and Building Agency
Legal Notice published in the Orange County Reporter on October 6, 2017.
Acting Chair Tinajero opened the Hearing. The following spoke on the matter:
Melahat Rafiei, expressed support of ordinance.
Robert Taft, Jr., owner of 420 Central, spoke on cultivation and in support of
ordinance.
Irma Macias, in opposition of ordinance; expressed concern over drugs and
impact towards children.
Jason Lily, commended the City Council for moving forward and their hard
work in this ordinance; urged a yes vote.
There were no other speakers and the Hearing closed.
Council discussion ensued.
Councilmember Villegas, noted that he is against ordinance, request funding be
set aside for education; understand that we need to regulate.
Councilmember Benavides, noted that he was not in favor of measure BB,
pleasantly surprised that effect that illicit businesses have significantly reduced
and property regulated; at the local level we have received revenue from the
legitimate regulated dispensaries to address enforcement. Prop 64 approved
at the State level; asked if additional changes allowed.
City Attorney Carvalho, noted that Charter allows for minimal changes.
Councilmember Solorio, commented that Public Safety Committee considered
item; additional revenues but more important that we regulate; propose 1/3
earmarked for afterschool gang, alcohol and drug prevention programs; on the
enforcement side more robust efforts; request size of cultivation area be better
CITY COUNCIL MINUTES 21 OCTOBER 17, 2017
defined and consistent with State provisions. Suggest 1/3 for education, 1/3 for
public safety and 1/3 to general fund.
Councilmember Tinajero, asked if 15% and go up to 1/3 after 6 months on after
school programs be approved by the City Council and not at the department
level.
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2929 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CREATING CHAPTER 40 OF THE SANTA ANA
MUNICIPAL CODE, 'REGULATION OF COMMERCIAL CANNABIS', TO
REGULATE COMMERCIAL CANNABIS ACTIVITIES, EXCEPTING
MEDICINAL RETAIL
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Solorio, Tinajero, Villegas (4)
None (0)
Pulido, Sarmiento (2)
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. DISCUSS AND IMPLEMENT NEW POLICY THAT WOULD LIMIT THE
NUMBER OF COUNCIL COMMITTEES A MEMBER MAY SERVE ON AND
SET QUALIFICATIONS; AND APPROVE ANY NECESSARY ACTIONS. -
Councilmembers Tinajero, Sarmiento and Benavides
Agenda item pulled at the request of Councilmember Tinajero.
RECESSSED CITY COUNCIL MEETING AT 10:43 P.M. TO THE SUCCESSOR AGENCY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 10:45 P.M.
CITY COUNCIL MINUTES 22 OCTOBER 17, 2017
COMMENTS
90A. CITY MANAGER'S COMMENTS
Invited all to attend upcoming 5K race;
Announced upcoming Youth Water Poster Contest;
Noted that this would be her last Council Meeting as Interim City
Manager; thanked all for privileged of working in Santa Ana.
PUBLIC COMMENTS (Non-Agendized Items)
Michael Klubnikin, spoke in regards to 100 acre parcel at Irvine Park.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Solorio:
Thanked Interim City Manager Kurtz for her service; and
Invited all to attend Wings of the City unveiling on October 27th and Annual
5K Race on October 21St.
Councilmember Villegas:
Smoke Alarm Installation event held on October 7th was great success;
thanked OCFA and all volunteers; and
Request that meeting be adjourned in memory of Joe D'Angelo; provided
brief background.
Councilmember Benavides:
Echoed comments about upcoming City events; thanked staff for efforts in
organizing events; and
Thanked Interim City Manager Kurtz for steady hand and strong leadership
and staff for transition.
Councilmember Tinajero:
Acknowledge efforts of Interim City Manager Kurtz — shared vision,
professionalism and leadership; and
Spoke about DACA in Washington D.C. last week and also met with HUD
and Veteran Affairs representative that expressed interest in providing
additional funding for homeless.
Mayor Pulido:
On October 4th met with State Governor and other officials about Amazon's
request for proposal to establish a 2"d Headquarter; City of Santa Ana's joint
proposal with the cities of Orange, Garden Grove and Anaheim offer great
partnership opportunity; noted that if not Amazon another business will want
to take advantage of upcoming OC Streetcar and facility at former OC
Register building which has easy freeway access;
CITY COUNCIL MINUTES 23 OCTOBER 17, 2017
Thanked service of Interim City Manager; and
Adjourned in memory of Joe D'Angelo.
ADJOURNED - 11:00 P.M - The next meeting of the City Council is scheduled for
Tuesday, November 7, 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.
In Memory of Joe D'Angelo
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
Labor Contracts
CITY COUNCIL MINUTES 24 OCTOBER 17, 2017