HomeMy WebLinkAbout10A - MINUTES 4-19-16MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 19, 2016
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:14 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tern (5:17 p.m.)
ANGELICA AMEZCUA (5:20 p.m.)
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (5:45 p.m.)
SAL TINAJERO
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
Johnny Quiias v. City of Santa Ana; Workers' Compensation Appeals Board
case number ADJ9206861; ADJ9206862; ADJ7688972; ADJ9296613
CITY COUNCIL MINUTES 10A-1 APRIL 19, 2016
Gerald Amende vs. City of Santa Ana; Workers' Compensation Appeals
Board case numbers: ADJ8208152; ADJ8208149; ADJ8204984;
ADJ9589936; ADJ9591520; ADJ9591521; ADJ8221130
1901 First Street Owner LLC v. Tustin Unified School District, Orange County
Superior Court Case No.: 30-2015-00803234-CU-WM-CJC
Vicente Rodriguez et al. v. City of Santa Ana Orange County Superior Court
Case No. 30-2016-00806655
2. CONFERENCE WITH LEGAL COUNSEL —PENDING LITIGATION pursuant
to Section 54956.9(d) of the Government Code:
Jose Eduardo Arellano v. City of Santa Ana, United States District Court Case
No. SACV14-1886 JVS (DFMx)
3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
1901 First Street Owner, LLC
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 10A-2 APRIL 19, 2016
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:13 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
DR. CURTIS SMITH, POLICE CHAPLAIN
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to
the following organizations that partnered with the City of Santa Ana to host the 2016
Citizenship Fair: Active Learning; AFL-CIO Immigration Project; Chapman University
School of Law; Fullerton College; LDS Santa Ana Spanish Stake; LGBT Center of OC;
Loyola Law School; Orange County Communities Organized for Responsible
Development; Orange County Labor Federation; Public Law Center; Santa Ana College;
Santa Ana Youth & Government; Shertmetal Workers; UC Irvine School of Law; UFCW
324; Unite Here Local 11; Western State College of Law; Whittier Law School.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to the
Santa Ana High School Boy's Wrestling Team for capturing the CIF title:
CITY COUNCIL MINUTES 10A G APRIL 19, 2016
Coaches: Gary Ayon; Edgar Cisneros; Jesse Doyle; Scott Glabb; Isaac Lomeli; Travis
Mielke; Gonzalo Perez; Jose Valdivinos; Daniel Woiwor
Players: Ronne Alfaro; Ricardo Alvarez; Eduardo Anguiano; Jesus Antunez; Edward
Bilezekchian; Alex Blanco; Joey Daniel; Juan Espinoza; Guillermo Guerrero;
Andrew Maldonado; Jose Mata; Christian Montes; Ricardo Navarrete;
German Prudencio; Miguel Ramos; Anthony Reveles; Ricardo Solorio.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Gloria
Alvarado for her outstanding work in community for the last 25-30 years.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the
Coaching Staff, Team Moms and Boys' Basketball Division Champions from Divisions A, B,
C and MM for their participation in the Boys Basketball Program:
1. Division A: Heat: Coaches: Ed Raya; Ignacio Salazar; Players: Abraham Arias;
Kevin Baltazar; Angel Berrum; Christian Calderon; Adam Marenco; Daniel Navarro;
Kenneth Pham; Ignacio Salazar; Isaiah Tapia; Dillon Taing. Clippers: Coaches:
Ryan Ton; Bryan Avila. Spurs: Coaches: Jesus Hurtado; Rigoberto Bautista; Team
Mom: Jennifer Solis. Cavaliers: Coaches: Ivan Escamilla; Danyal Aguila; Eddie
Aviles; Team Mom: Sandy Aguilar. Raptors: Coaches: Leon Raya; Michael Canada;
Chris Mejorada; Team Mom: Pearl Raya. Thunder: Coaches: Valentin Valencia;
Jazelle Valencia. Knicks: Coaches: Tom Torres; Pedro Alvarez; Thomas Torres.
Bulls: Coaches: Eddie Guzman; Eddie Guzman Jr. Warriors: Coaches: Paul
Dominguez; Paul Dominguez Jr. Lakers: Coaches: Richard Salinas; Daniel Estrada.
2. Division B: Lakers: Coaches: Nick Sanchez; Israel Aldana. Players: Osvaldo
Alcocer; Joshua Azucena; Jesus Cerda; Marco Cerda; Abel Contreras; Jose David
Martinez; Anthony Regalada; Ethan Serrato; Anthony Sierra; Daniel Valencia.
Clippers: Coaches: Sergio Klotz; Pedro Pinon. Spurs: Coaches: Juan Almazan;
Andres Rubio. Cavaliers: Coaches: Eddie Cueva; Jacob Cueva; Team Mom: Liz
Haro. Raptors: Coaches: Jose Lopez; Andrew Lopez. Knicks: Coaches: Hell
Guerrero; Abraham Guerrero. Bulls: Coaches: Brian Montes; Anthony Lara.
Warriors: Coaches: Raul Ortiz; Angel Castillo; Brianna Sanchez. Heat: Coaches:
Tony Ceja Jr.; Tony Ceja Sr. Hornets: Coaches: Victor Espinoza. Sonics: Coaches:
Alejandro Nunez; Alan Linzaga.
3. Division C: Heat: Coaches: Jose Espinoza; Johara Garcia. Players: Sebastian
Aguilar; Christian Aguilar; Malaki Bush; Mateo Bush; Alex Espinoza; Isaiah
Gonzalez; Jesus Guerrero; Isaiah Ibarra; Miguel Montes; Andrew Mora. Cavaliers:
Coaches: Pablo Garcia; Roger Gomez; Antonio Lopez. Bulls: Coaches: Rico
Guillermo; Martin Valenzuela. Hornets: Coaches: Victor Perez; Erik Canelo.
Raptors: Coaches: Art Rea. Thunder: Coaches: Hasheem Hicks. Warriors:
Coaches: Angel Almazan. Knicks: Coaches: Bryan Espinoza. Clippers: Coaches:
Juan Nunez; Alex Curiel. Spurs: Coaches: Alonso Loya; Katie Vasquez; Joseph
Loya. Lakers: Coaches: Andres Morales; Steven Martinez; Christian Gardano.
CITY COUNCIL MINUTES 10A-4 APRIL 19, 2016
4. Division MM: Heat: Coaches: Antonio Lopez; Ursula Manzo; Angel Lopez. Clippers:
Coaches: Angie Linzaga; Pedro Alvarez. Thunder: Coaches: Martel Lopez. Spurs:
Coaches: Jaime Marquez; Lauren Ramos. Bulls: Coaches: Pedro De La Riva; Jose
De La Riva. Warriors: Coaches: Roger Gomez; Nick Cabrera; Junie Davis. Knicks:
Coaches: Eric Chanelo; Oscar Cortez. Lakers: Coaches: Javier Bustillos; Joe
Bustillos; Alfred Hernandez. Cavaliers: Coaches: Ron Hickman; Bryan Schunck.
Bulls: Coaches: Rudy Hernandez; Roger Gomez. Clippers: Coaches: Victor
Fuentes; Nathan Trujillo. Heat: Coaches: Cinthya Gutierrez; Rosie Garcia; Liliana
Ned. Spurs: Coaches: John Zelaya; Frank Vizcarra; Ruben Casas; Team Mom:
Veronica Mendez.
PROCLAMATIONS presented by COUNCILMEMBER TINAJERO to Rick Miller,
Superintendent of Santa Ana Unified School District and to the Santa Ana Kiwanis Club for
spearheading the Speech and Debate Project; and CERTIFICATES OF RECOGNITION to
Alfredo Amezcua, the Speech & Debate Vt Place Students and Coaches for participating in
the Vt Annual Santa Ana Unified School District/Kiwanis Speech & Debate Sweepstakes:
Coaches: Forrest Barber; Patrick Chang; Hannah Chapman; John Degree; John
Henrici; Andrew Pegan; Candy Pelleaux; Ryan Ramirez; Corin Serrano; Kelly
Sohner; Susan Whitmire
Students: Leslie Alatorre; Cielo Echegoyen; Samantha Lopez; Christie Nguyen; Noemi
Portillo; Grace Tinajero; Kaitlyn Vu; Yalena Watrous.
AGENDA ITEMS CONSIDERED OUT OF ORDER
REPORT
65A. PROPOSAL WITH AMCAL MULTI -HOUSING, INC. FOR THE AWARD OF
INCLUSIONARY HOUSING IN -LIEU FEES FOR THE FIRST STREET
APARTMENTS PROJECT AND AUTHORIZE THE DRAFTING OF A
CONDITIONAL LOAN COMMITMENT LETTER {STRATEGIC PLAN NO. 5,
3A & 3C) -- Community Development Agency
MOTION: Consideration of a staff proposal with AMCAL Multi -Housing,
Inc. for the award of inclusionary housing in -lieu fees for the First Street
Apartments project located at 1440 East First Street in Santa Ana and
approve a conditional loan commitment letter in an amount up to
$8,900,000.00 that will be contingent on the City's actual receipt of in -
lieu fee payments of $9,695,725.60, or a portion thereof, or a cash
equivalent to the in -lieu fee payments from Heritage Village OC, LLC.
MOTION: Sarmiento SECOND: Amezcua
CITY COUNCIL MINUTES 10AA5 APRIL 19, 2016
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
*Councilmember Tinajero returned to the dais.
PUBLIC HEARING
75C. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2016-01,
AMENDMENT APPLICATION NO. 2016-01, AND ENVIRONMENTAL
REVIEW NO. 2016-14 FOR THE FIRST STREET FAMILY APARTMENTS
PROJECT PROPOSED AT 1438 AND 1440 EAST FIRST STREET - AMCAL
MULTI HOUSING TWO, LLC, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5;
5, 3, 41 - Planning and Building Agency
Legal Notice published in the Orange County Reporter April 8, 2016 and
notices mailed on April 7, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2016.14.
1. Adopt a resolution.
RESOLUTION NO. 2016-023 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM, ENVIRONMENTAL REVIEW NO. 2016-04, AND GENERAL
PLAN AMENDMENT NO. 2016-01 FOR THE PROPERTY LOCATED AT
1438 AND 1440 EAST FIRST STREET
3. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NZ-2897 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REZONING THE AMCAL MULTI
HOUSING TWO, LLC PROPERTY LOCATED AT 1438 AND 1440 EAST
FIRST STREET FROM GENERAL COMMERCIAL (C-2) TO SPECIFIC
CITY COUNCIL MINUTES 10A-6 APRIL 19, 2016
DEVELOPMENT NO. 89 (SD-89) (AA NO. 2016-01) AND ADOPTING
SPECIFIC DEVELOPMENT NO. 89 (SD-89) FOR SAID PROPERTY
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
REPORT
65B. RECEIVE AND FILE COUNCIL UPDATE REGARDING THE SANTA ANA
JAIL; AUTHORIZATION TO DRAFT REQUEST FOR QUALICATIONS (RFQ)
FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO
NEGOTIATIONS WITH POLICE OFFICERS ASSOCIATION; &
AUTHORIZATION TO CONTINUE DEVELOPMENT OF TRANSGENDER
CARE PILOT {STRATEGIC PLAN NO. 1, 4A) - City Manager's Office
Staff report presented by City Manager Cavazos:
City Council Direction
February 2, 2016
"Deny contract amendment, [1.] engage community in developing
solutions and request City Manager work with Police Chief in [2.]
strategizing sustainability of jail without the use of Federal dollars, if not
feasible, [3.] propose options to terminate jail services."
Santa Ana Jail Background
• Santa Ana Strategic Plan — Goal 1 — Community Safety - Objective 4 -
Strategy A
Modify the Santa Ana jail business model and identify short- and long-
term goals to effectively meet the needs of the community through
contract negotiations with outside agencies, evaluation of staffing
needs and increasing operational efficiency.
• Resulted in per diem increase from $82-$105 a 28% increase — the first
increase in eight years.
• Type II Facility - Opened January 1997
512-bed capacity
• Current Population (4-11-16):
344 — Total Jail Population
189 — I.C.E. Detainees
CITY COUNCIL MINUTES 10A'7 APRIL 19, 2016
130- U.S. Marshal Service
21- Bureau of Prisons
4- Other
• Federal Agencies provide 98.8% percent of total population.
Timeline of Federal Contracts at Santa Ana Jail
• 1994 U.S. Marshals Service contract began at prior jail facility(04/18/1994)
• 1997 — INS/ICE detainees booked into Santa Ana Jail
• 2006 — ICE enters into their own contract (07/03/2006)
• 2015 — Federal Bureau of Prisons contract (11/18/2014) Strategic plan
goal to increase revenue
Transgender Population Module
• In 2012 Santa Ana Jail implemented the first dedicated transgender
detainee module in ICE System
• Transgender Care Memorandum
Distributed by DHS as guidelines for ICE field personnel for
appropriate handling for transgender detainees
• The Transgender Care and Classification Committee — (TCCC)
was incorporated into the Transgender Care Memorandum by
ICE in June 2015 and presented to Santa Ana in September
2015. By adopting the TCCC program, SAPD would be the first
agency to take into consideration the transgender woman's
preferences as it relates to their custody and placement within
the facility
Status of Transgender Care Discussions & Options
• Utilizes the steps taken in the Transgender Care Memorandum
With additional language and training requirements
Some community groups do not support TCCC without substantial
changes
• Needs to be reviewed by City of Santa Ana and Immigration and Customs
Enforcement
• In addition to reaching greater consensus, costs will be evaluated as part
of any contract options.
• Federal government will not make changes without contract amendment.
• DHS — Requests the City's response by June 1st regarding contract
Transgender Care and Classification Committee (TCCC) Pilot
"[1.] Engage community in developing solutions"
Meetings
Community Groups
March 3, 2016
1.
ACLU
March 4, 2016
2.
De Colores
March 7, 2016
3.
RAIZ
March 17, 2016
4.
OCIYU
March 30, 2016
5.
Transgender Law Center
April 4, 2016
6.
LA LGBT Center
April 6, 2016
7.
LGBT Center OC
CITY COUNCIL MINUTES 10A'O APRIL 19, 2016
8. UCI Law Students,
9. Mexican Consulate
10. I.C.E representatives (Local and Federal)
11. La Familia
12. CIVIC
13. Friends of the Orange County Detainees
14. El Centro Cultural de Mexico
15. Santa Ana Building a Healthy Community
16. Human Rights Watch
"[2.] Strategizing sustainability of jail without the use of Federal dollars"
• Jail Facility Debt
$3 million annually through 2024,
$24.3 million remaining debt balance
• Operating Costs
FY 2015/16 Cost $16.6 million
• Estimated annual loss without contract
$3,000,000 - $5,000,000
• Not financially sustainable without Federal dollars
Steps taken to provide fiscal sustainability/future options
• Increased per diem from $82 to $105
• Reduced full time staff
2013 — 110 full-time
2016 — 93 full-time and 23 part-time
• Reduced debt
2013 $30 million
2015 $24 million
• New: Combining of Gay/Bi-Sexual & Transgender Modules
Savings of $80,000 in monthly overtime effective April 20, 2016
Individual modules are not feasible without financial assurance.
• As of April 14, 2016 there are 31 individuals in the Gay/Bi-Sexual
module designed for 64 and 27 individuals in the Transgender
Module designed for 64
• Proposed contract for transportation services
Tentative City Council approval April 19, 2016
"[3.] Propose options to terminate jail services" - Staff recommends
phase -out plan
• RFQ for Jail Reuse
• Goals:
Providing phase -out timeline options
Provide re -use options
Community & Labor representatives on RFQ selection committee
• Budget Request
$100,000 anticipated costs for consultant
Next Steps
CITY COUNCIL MINUTES 10A-J APRIL 19, 2016
1. Issue RFQ
2. Continue Community Engagement
3. Enter into negotiations with Peace Officers Association to potentially offer
retirement incentives to full-time staff in the Jail Bureau.
4. Discuss options with Department of Homeland Security regarding the
TCCC Pilot for May 17th City Council consideration
*Mayor Pulido left the meeting at 7:36 p.m. and did not return. Mayor Pro Tern Sarmiento
assumed the Chair.
The following spoke on the matter:
• Ken Willard, spoke of unfounded allegations of wrongdoing by correctional
officers; requested reconsideration of ICE contract that was previously
denied by City Councilmembers.
• Jaime Manriquez, spoke on behalf of fellow correctional officers about
improper practices at the Santa Ana Jail; opined that officers provide safe
and secure services to all.
• Felice Hernandez, rehabilitation counselor at Santa Ana Jail, spoke in
support of jail services and professional services offered.
• Michael Don Elgan, teacher at Santa Ana Jail, spoke of better -quality and
conditions at the Santa Ana Jail compared to other institutions.
• Luis Martinez, mental health advisor, reiterated positive experience and
services offered to all inmates.
• Charles Goldwasser, attorney representing the Santa Ana Police Officers
Association, requested reconsideration of actions taken at the February 2,
2016 City Council meeting regarding the ICE contract.
• Cecilia Garcia, applauded efforts by fellow colleagues at the Santa Ana
Jail, have been well trained and implemented policies to provide humane
services for all inmates.
*Councilmember Amezcua, left the meeting at 7:58 p.m. and did not return.
• Adrian Silva, spoke of increased crime activity; need to keep citizens safe;
supports jail.
• John Franks, President of the Santa Ana Police Officers Association,
represents Correctional Officers and Supervisors; remarked
professionalism of staff; disagree with staff recommendation; need to work
together to insure that no employee loses their job.
*Councilmember Martinez, left the meeting at 8:06 p.m, and did not return.
• Michelle Montreal, Correctional Officer, addressed two points of
contention raised at the February 2, 2016 City Council Meeting on
discrimination of detainees; assured that staff addresses all needs,
developed strict guidelines and practices; Santa Ana location is in close
proximity to family of ICE detainees and benefit to City.
CITY COUNCIL MINUTES 10A-1 V APRIL 19, 2016
• Roger Andrade, correctional officer, proud of service available at site;
asked to reconsider position on ICE Contract and all implications including
discharge of staff.
• Jorge Gutierrez, Executive Director of Familia Trans Queer Liberation
Movement, pledged to rid ICE contract in Santa Ana; indicated that
National attention on the matter.
• Angela Pereira, spoke of undignified services at Santa Ana Jail; requested
mental health services.
• Christina Lopez, recounted negative experience and denial of services
because she is a transgender woman.
• Lou Correa, expressed support for police officers; asked that layoffs not
be option for considered; support federal immigration reform; consider
win -win solution.
• Jessica Letong, spoke of mistreatment of transgender people, urged
closure of Santa Ana Jail.
• Roberto Herrera, organizer of De Colores Organization of Orange County,
asked that long term and short term solutions be considered to get out of
the jail business - exercise the 90 termination clause; investment in youth
and address homeless issue.
• Hairo Cortes, representing Orange County Immigrant Group Youth United
for undocumented youth, spoke of persecution and exploitation of
undocumented immigrants; urged to cancel contract with ICE.
• Avila Medano, Community Engagement Advocate for Resistencia
Autonomia Igualdad Liderazgo (RAIZ), confirmed that Santa Ana is a safe
haven for her and many in the City; do not dehumanize communities by
detaining undocumented immigrants and opposed to profit making to fulfill
deficit.
Mayor Pro Tern Sarmiento announced that matter would be recessed to
consider approval of Consent Calendar and other routine matters because
quorum may be lost.
CLOSED SESSION REPORT — City Attorney Carvalho noted reportable actions (included
as part of Agenda Item 19A in Consent Calendar).
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31 E, with the following modifications:
• Councilmember Benavides pulled Agenda Items 19F, 25D and 31 C for separate
action;
• Mayor Pro Tern Sarmiento pulled Agenda Item 25C for separate action; and
• Mayor Pro Tern Sarmiento requested continuance of Agenda Items 11A, 20A,
20B and 20C to the May 3, 2016 City Council Meeting; motion to continue by
CITY COUNCIL MINUTES 10A- 1 1 APRIL 19, 2016
Councilmember Benavides, seconded by Reyna and approved by 4-0 vote
(Amezcua, Martinez and Pulido absent).
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
Items 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 APRIL 5, 2016
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCESISECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the
minutes for second reading.
11A. ORDINANCE - SECOND READING: AMENDING CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE REGARDING UNARMED GUARDS;
ESTABLISHING REGULATORY SAFETY PERMIT APPLICATION
DEADLINES; AND PROHIBITING ISSUANCE OF REGULATORY SAFETY
PERMIT APPLICATIONS TO NARCOTIC REGISTRANTS {STRATEGIC
PLAN NO. 5, 1) — Clerk of the Council
Placed on first reading at the April 5, 2016 City Council meeting and approved
by a vote of 5-0 (Pulido and Tinajero absent).
Published in the Orange County Reporter on April 8, 2016.
CITY COUNCIL MINUTES 1 OA-1 L APRIL 19, 2016
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
BOARDS / COMMISSIONS / COMMITTEES
13A. AGENDA AND MINUTES FROM THE MARCH 28, 2016 SANTA ANA
UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA JOINT POLICY
COMMITTEE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Receive and file.
13B. APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT
BOARD — PRIVATE SECTOR REPRESENTATIVES (STRATEGIC PLAN
NO. 5, 1) — Community Development Agency
Workforce Investment Board approved recommended action on March 17,
2016, by a vote of 14-0.
MOTION: Appoint William McGowan, Partner, Barrett Business Services
Inc., and Barbara Smith, General Manager, Holiday Inn Santa Ana
Orange County Airport to the Workforce Investment Board, representing
local area businesses for a partial -term expiring March 31, 2018,
replacing Robert Fischer and Bea Gonzalez.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlements, as follow:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code:
• Johnny Quilas v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ9206861; ADJ9206862; ADJ7688972; ADJ9296613;
Settlement agreement approved in the amount of $132,471 by 4-0 vote
(Amezcua and Reyna absent and Mayor Pro Tem Sarmiento abstained
due to potential conflict of interest).
• Gerald Amende v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ8221130; ADJ8208152; ADJ8208149; ADJ8204984;
ADJ9589936; ADJ9591520; ADJ9591521; Approve settlement in the
amount of $215,705.11, approved 5-0 vote (Reyna absent and
Amezcua abstained).
CITY COUNCIL MINUTES 10A- 7 3 APRIL 19, 2016
2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government
Code:
• 1901 First Street Owner, LLC; Authorized staff to enter into a Tolling
Agreement; approved by unanimous vote.
19B. EXCUSED ABSENCES — None
19C. STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2O16 {STRATEGIC
PLAN NO. 5, 1) - City Manager's Office
MOTION: Receive and file.
19D. CITY OF SANTA ANA GENERAL PLAN UPDATE - STATUS REPORT
(STRATEGIC PLAN NO. 3, 2A) — Planning and Building Agency
MOTION: Receive and file.
19E. 2016-2017 ANNUAL ACTION PLAN — FUNDS FOR AFFORDABLE AND
SUPPORTIVE HOUSING, COMMUNITY DEVELOPMENT PROGRAMS,
PUBLIC SERVICES, AND ECONOMIC DEVELOPMENT {STRATEGIC PLAN
NO. 5, 11 - Community Development Agency
Community Redevelopment and Housing Commission approved
recommended action on March 23, 2016 by a vote of 5-0 (A. Garcia absent)
MOTION:
2. Approve the Fiscal Year 2016-2017 Annual Action Plan.
2. Authorize the submission of the Fiscal Year 2016-2017 Annual Action
Plan to the United States Department of Housing and Urban
Development. -
19F. YOUTH COMMISSION BIKEHELMET ART INITIATIVE FUNDS FOR
FISCAL YEAR 2015-2016 {STRATEGIC PLAN NO. 1, 1E} - Parks,
Recreation & Community Services Agency
Councilmember Benavides, commended Youth Commissioners for efforts
and leadership to promote safety.
MOTION: Receive and file.
CITY COUNCIL MINUTES 10A-114 APRIL 19, 2016
MOTION: Benavides
SECOND: Tinajero
VOTE: AYES:
Benavides, Reyna, Sarmiento, Tinajero (4)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua, Martinez, Pulido (3)
19G. SANTA ANA PUBLIC LIBRARY LOGO CONTEST RESULTS (STRATEGIC
PLAN NO. 2, 3C) - Parks, Recreation & Community Services Agency
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT TO IMPLEMENT THE ORANGE COUNTY
PARTNERSHIP TO IMPROVE COMMUNITY HEALTH GRANT PROJECT
{STRATEGIC PLAN NO. 5, 4B) - Public Works Agency
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
20B. APPROPRIATION ADJUSTMENT, COOPERATIVE AGREEMENT AND
AMENDMENT TO THE FISCAL YEAR 2015-2016 CAPITAL IMPROVEMENT
PROJECT (CIP) FOR THE SANTA ANA DELHI DIVERSION PROJECT
(NONGENERAL FUND) (PROJECT NO. 16-6467) {STRATEGIC PLAN NO.
6, 1 G) - Public Works Agency
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
20C. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR
PROFESSIONAL ENGINEERING SERVICES TO IDENTIFY ALTERNATIVE
INFRASTRUCTURE STORM DRAIN IMPROVEMENTS (PROJECT 16-6608)
{STRATEGIC PLAN NO. 6, IF) - Public Works Agency
CITY COUNCIL MINUTES 10A-f5 APRIL 19, 2016
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 16-029 - CITYWIDE GENERAL MAINTENANCE SERVICES
{STRATEGIC PLAN NO. 6, 1C) (Public Works Agency) - Finance &
Management Services
MOTION:
1. Reject the bid from Orange County Contractors Services as
nonresponsive.
2. Award a contract to Quality Fence Co., Inc. for citywide general
maintenance services for a one-year period expiring April 30, 2017,
with provisions of four one-year renewals exercisable by the City
Manager, in an annual amount not to exceed $45,000, subject to
nonsubstantive changes approved by the City Manager and City
Attorney.
22B. SPEC. NO. 16-054 — PURCHASE AND INSTALLATION OF CHILLER AND
HEATING -VENTILATION -AIR CONDITIONING EQUIPMENT AT THE
GRAND CENTRAL ARTS CENTER {STRATEGIC PLAN NO. 6, 1G & 2A}
(Community Development Agency) - Finance & Management Services
Project in accordance with the Council approved Surplus Allocation Plan as
of October 20, 2015.
MOTION: Authorize a one-time purchase and payment of purchase
order to Ontario Refrigeration Services, Inc. for the purchase and
installation of chiller system and related heating -ventilation -air
conditioning equipment at Grand Central Arts Center in an amount not
to exceed $435,320 that includes a 10 percent contingency, subject to
non -substantive changes approved by the City Manager and City
Attorney.
22C. SPEC. NO. 16-047 - VMWARE MAINTENANCE SUPPORT — SPECIALIZED
SOFTWARE ENABLING ONE PHYSICAL SERVER TO RUN MULTIPLE
VIRTUAL COMPUTER SERVERS {STRATEGIC PLAN NO.6, 1F} -
(Information Technology Department) - Finance & Management Services
MOTION: Authorize a one-time purchase and payment of purchase
order to Kambrian Corporation in an amount not to exceed $44,300,
CITY COUNCIL MINUTES 10A-1% APRIL 19, 2016
subject to non -substantive changes approved by the City Manager and
City Attorney.
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT TO ASPLUNDH CONSTRUCTION CORP. FOR
HARBOR BOULEVARD CORRIDOR TRAFFIC SIGNAL IMPROVEMENTS
(PROJECT NO. 15-6828) {STRATEGIC PLAN NO. 6, 1G) - Public Works
Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to award and
execute a construction contract to Asplundh Construction Corp., the
lowest responsible bidder, in accordance with the base bid plus
Alternates I, II, III, IV, and V, in the amount of $1,170,984, for the term
beginning upon execution of the contract and ending upon project
completion, for the Harbor Boulevard Traffic Signal Improvements
project, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated project
delivery cost of $1,358,200, which includes the contract base plus
additive Alternates I, II, III, IV and V; administration; inspection;
testing; and an authorized contingency of $116,896.
AGREEMENTS
25A. EMERGENCY SOLUTIONS
FISCAL YEAR 2016-2017
Development Agency
MOTION:
GRANT PROGRAM (ESG) FUNDING FOR
{STRATEGIC PLAN NO. 5, 61 - Community
1. Approve the Fiscal Year 2016-2017 Emergency Solutions Grant
Program funding allocation.
2. Authorize the City Manager and the Clerk of the Council to execute a
memorandum of understanding with the Santa Ana Police
Department and agreements with non-profit organizations and/or
sub -recipients awarded funds as part of the approved program in the
amount of $489,202 for a term beginning July 1, 2016 through June
30, 2017, subject to non -substantive changes approved by the City
Manager and City Attorney.
• AGMT NO. 2016-061 —With 211 OC in an amount of $30,000,
CITY COUNCIL MINUTES 10A- 1 7 APRIL 19, 2016
• AGMT NO. 2016-062 — With City Net in an amount of $50,000,
• AGMT NO. 2016-063 — With Grandma's House in an amount of
$25,000,
• AGMT NO. 2016-064 — With Illumination Foundation in an amount
of $105,000,
• AGMT NO. 2016-065 — With Interval House in an amount of
$35,000,
• AGMT NO. 2016-066 — With Mercy House in an amount of
$86,511.85,
• AGMT NO. 2016.067 — With Public Law in an amount of $36,500,
• AGMT NO. 2016-068 — With SAPD HEART in an amount of $35,000,
• AGMT NO. 2016-069 — With WISE Place in an amount of $23,500,
• AGMT NO. 2016-070 — With Thomas House in an amount of
$12,000, and
• AGMT NO. 2016-071 — With WTLC in an amount of $14,000
25B. AGMT NO. 2016-072 - AQUATIC ENGINEERING SERVICES TO
REHABILITATE CENTENNIAL PARK LAKE (PROJECT NO. 16-2657)
{STRATEGIC PLAN NO. 6,1 F} - Public Works Agency and Parks, Recreation
& Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Dudek, Inc. for a one-year term beginning
April 20, 2016, through April 19, 2017, with provision for two one-year
term extensions exercisable by the City Manager and the City Attorney,
in an amount not to exceed $55,000 including a 10% contingency over
the life of the agreement subject to nonsubstantive changes approved
by the City Manager and City Attorney.
25C. FUNDING FOR CONSTRUCTION OF NEW ORANGE COUNTY ANIMAL
SHELTER AND ANIMAL CARE SERVICES FOR 2016-2026 {STRATEGIC
PLAN GOAL NO. 1, 51 - Police Department
Mayor Pro Tern Sarmiento, requested continuance of matter to have more
robust discussion when all members of the City Council present.
City Manager Cavazos, indicated that County of Orange has requested
approval by April 30, 2016 to move forward with construction of new shelter.
Councilmember Benavides, concerned that matter bound by time constraints
and City needs to provide services; asked for all options and funding source.
City Manager Cavazos, noted that staff has reviewed all options; staff
recommendation is best for City; funding is related to usage.
CITY COUNCIL MINUTES 10A-1 v APRIL 19, 2016
25[).
Mayor Pro Tem Sarmiento, reluctant to support item; concerned with
operation of some County agencies; asked if City's will have authority.
City Manager Cavazos, noted that City Managers Association are part of
committee and assured that City has role and safety nets in place.
MOTION;
1. AGMT NO. 2016-073 - Authorize the City Manager and Clerk of the
Council to execute the attached ten-year participation agreement
with the County of Orange for the construction of a new County
animal shelter, for the period of April 19, 2016 through July 1, 2026,
in an amount not to exceed $7,141,377, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. AGMT NO. 2016-074 - Authorize the City Manager and Clerk of the
Council to execute the attached ten-year agreement with the County
of Orange for the provision of animal care and shelter services, for
the period of April 19, 2016 through June 30, 2026, in an amount not
to exceed $12,305,730, subject to non -substantive changes approved
by the City Manager and City Attorney.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
Project in accordance with the Council approved Surplus Allocation Plan as of
October 20, 2015.
Councilmember Benavides, excited to have top firm assist City with branding
efforts.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with North Star Destination Strategies, Inc, to
develop a citywide community branding strategy for a two year period,
terminating on April 18, 2018, in the amount not to exceed $148,500,
CITY COUNCIL MINUTES 10A-19 APRIL 19, 2016
which includes a 10% contingency, subject to non -substantive changes
approved by the City Manager and City Attorney.
MOTION: Benavides
SECOND: Reyna
VOTE: AYES:
Benavides, Reyna, Sarmiento, Tinajero (4)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Amezcua, Martinez, Pulido (3)
25E. AGMT NO. 2016-076 - PARKING LEASE AT 308 NORTH MAIN STREET
{STRATEGIC PLAN NO. 3, 4B) - Finance & Management Services
MOTION: Authorize the City Manager and Clerk of the Council to renew
the agreement with Apostolic Assembly of the Faith in Christ Jesus, Inc.
for the first renewal period of April 1, 2016 through March 31, 2017,
subject to non -substantive changes approved by the City Manager and
City Attorney.
25F. AGMT NO. 2016-077 - SPONSORSHIP OF THE CINCO DE MAYO EVENT
{STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation & Community Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Straub Distributing Co. in the amount of
$20,000, for a term from April 19, 2016 through May 31, 2016, subject to
non -substantive changes approved by the City Manager and City
Attorney.
25G. AGMT NO. 2016-078 - PRISONER TRANSPORT SERVICES FOR SANTA
ANA JAIL INMATES AND ARRESTEES (STRATEGIC PLAN NO. 1,3A) —
Police Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with In -Custody Transportation Service, Inc. for a
three year period beginning May 1, 2016 through April 20, 2019, in an
amount not to exceed $410,544, subject to non -substantive changes
approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 10A-LV APRIL 19, 2016
25H. AGMT NO. 2016-079 - PURCHASE AGREEMENT FOR BRISTOL STREET
IMPROVEMENTS PHASE IV (PROJECT NO. 116741 NONGENERAL
FUND) - (STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute a purchase agreement, subject to nonsubstantive changes
approved by the City Manager and City Attorney, with property owner
Rocio Rodriguez Valle, for the property commonly known as or located
at 1301 West Carlton Place (APN 408-332-18), for the full purchase price
for said real property and goodwill (if any), in the amount of $450,000.
251. AGMT NO. 2016-080 - PROVIDE SOFTWARE SUPPORT AND
MAINTENANCE FOR THE CITY'S WATER PRODUCTION FACILITIES
SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM (SCADA)
[NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1C) - Public Works
Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Kapsch TrafficCom USA, Inc., to provide
software support and maintenance for the City's water production
facilities Supervisory Control and Data Acquisition System, for the term
beginning April 20, 2016 through December 31, 2018, in an amount not
to exceed $50,000 per year, for a total not -to -exceed amount of $150,000,
subject to nonsubstantive changes approved by the City Manager and
City Attorney.
25J. AGMT NO. 2016-081 - AMENDMENT FOR FEDERAL GOVERNMENT
LIAISON SERVICES {Strategic Plan Nos. 1 through 71 - City Manager's
Office
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment to the agreement with Holland & Knight to
expand the scope of services for federal government liaison services,
increase the compensation by $4,200 ($1,400 per month), retroactive to
April 1, 2016 to June 30, 2016 for a total annual cost not to exceed
$117,600, with an option of a one-year renewal exercisable by the City
Manager, subject to non -substantive changes approved by the City
Manager and City Attorney.
25K. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS
PHASE IIIA (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC
PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute purchase agreements, subject to nonsubstantive changes
CITY COUNCIL MINUTES 1 OA-21 APRIL 19, 2016
approved by the City Manager and City Attorney, for the full purchase
price for real property commonly known as or located at listed below,
and goodwill (if any), with the following property owners:
• AGMT NO. 2016-082 — With Tina Marie Estrada; property known and
located at APN 405-262-27 in an amount of $290,000;
• AGMT NO. 2016-083 — With Tina Marie Estrada, 1003 N. Bristol Street
(APN 405-262-28) ) in an amount of $464,000;
• AGMT NO. 2016-084 — With That Van Dinh & Kiem Cucthi Tran, 1005
N. Bristol Street (APN 405-262-29), in an amount of $450,000;
• AGMT NO. 2016-085— With Hyunsik E. Choi & Jennifer Y. Cho, 917 N.
Bristol Street (APN 405-262-25) in an amount of $480,000;
• AGMT NO. 2016-086 — With Stephanie Vandal Tonnu, 1301 W. 10th
Street (APN 004-121-18) in an amount of $540,000;
• AGMT NO. 2016-087 — With Oscar Culp and Ruth E. Culp, 1302 W.
12th Street (APN 004-112-35) in an amount of $435,000;
• AGMT NO. 2016-088 — With Jose B & Cira G Trujillo, 1307 W. 10th
Street (APN 004-121-12) in an amount of $480,000
• AGMT NO. 2016-089 — With Jose Sergio Bravo, Marco Antonio Bravo
& Martin Silvestre Bravo, 1305 W. 12th Street (APN 004-113-19) in an
amount of $430,000; and
• AGMT NO. 2016-090 — With Lan Phuong Thi Tran, 1009 N Bristol
(APN 405-262-30) in an amount of $500,000
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31A. CONDITIONAL USE PERMIT NO. 2016-03 TO ALLOW A FOOD
COMMISSARY AND FOOD TRUCK TERMINAL AT 2419 SOUTH
BROADWAY — ARAFAT ABDELKARIM, APPLICANT {STRATEGIC PLAN
NO. 3, 2) - Planning and Building Agency
Planning Commission approved recommended action on March 28, 2016, by
a vote of 6-0 (Gartner absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-03 as conditioned.
31B. CONDITIONAL USE PERMIT NO. 2016-04 TO ALLOW A TYPE 74
ALCOHOL BEVERAGE CONTROL LICENSE AT THE BLINKING OWL
DISTILLERY LOCATED AT 802 EAST WASHINGTON AVENUE — BRIAN
CHRISTENSON, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 4) - Planning
and Building Agency
CITY COUNCIL MINUTES 1 OA-22 APRIL 19, 2016
31 C.
Planning Commission approved recommended action on March 28, 2016, by
a vote of 6-0 (Gartner absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-04 as conditioned.
Planning Commission approved recommended action on March 28, 2016, by
a vote of 6-0 (Gartner absent).
Councilmember Benavides, noted that correspondence received; would like
to encourage partnership with faith based organizations; hold establishments
to high standards as it relates to landscape and fagade improvements — need
to bring added value to the community.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-06 as conditioned.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
31 D. CONDITIONAL USE PERMIT NO. 2016-07 TO ALLOW A CARL'S JR
RESTAURANT WITH DRIVE -THROUGH WINDOW SERVICE AT 3325
SOUTH HARBOR BOULEVARD — DAVE LUXTON, APPLICANT
{STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency
Planning Commission approved recommended action on March 28, 2016, by
a vote of 6-0 (Gartner absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-07 as conditioned.
CITY COUNCIL MINUTES 1 OA-23 APRIL 19, 2016
31 E. VARIANCE NO. 2016-02 TO ALLOW A REDUCTION IN STREET
FRONTAGE FOR A NEW COMMERCIAL BUILDING AT 5105 WEST FIRST
STREET - GEORGE BEHNAM, APPLICANT {STRATEGIC PLAN NO. 3,21 -
Planning and Building Agency
Planning Commission approved recommended action on March 28, 2016, by
a vote of 6-0 (Gartner absent).
MOTION: Receive and file the staff report approving Variance No. 2016-
02 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RESOLUTION TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE
PROGRAM {STRATEGIC PLAN NO. 3, 3C) - Community Development
Agency
Matter continued for consideration 30 days from the November 3, 2015 City
Council meeting by a vote of 7 - 0. Matter continued from the December 1,
2015 to the January 19, 2016 City Council meeting at the request of staff.
Consideration of matter continued from the January 19, 2016 City Council
meeting by a vote of 6-0 (Amezcua absent).
MOTION: Continue consideration of matter at the request of staff.
MOTION: SECOND:
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B. RESOLUTION AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR
CALRECYCLE PAYMENT PROGRAM FUNDS {STRATEGIC PLAN NO. 5,
2) - Public Works Agency
CITY COUNCIL MINUTES 1 OA-24 APRIL 19, 2016
REPORTS
65A.
M
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-024 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE PUBLIC WORK AGENCY TO SUBMIT
APPLICATIONS FOR PAYMENT PROGRAMS AND RELATED
AUTHORIZATIONS TO THE DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
CONSIDERED OUT OF ORDER
CONSIDERED OUT OF ORDER
PUBLIC HEARINGS
75A. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1607 NORTH BRISTOL STREET (APN 405-252-22)
FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740)
(NONGENERAL FUND) (STRATEGIC PLAN NO. 6,1,G & 3,2,C) - Public
Works Agency
Consideration of item continued from the March 15, 2016 City Council
meeting by a vote of 6-0 (Martinez absent).
Notice of Hearing letter regarding acquisition of real property by eminent
domain mailed to property owners on March 24, 2016.
Mayor Pro Tern Sarmiento opened the Hearing; there were no speakers and
the Hearing closed.
CITY COUNCIL MINUTES 1 OA-25 APRIL 19, 2016
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
75B. PUBLIC HEARING - ADOPTION OF THE PROACTIVE RENTAL
ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER 8
{STRATEGIC PLAN NO. 5, 4E} - Planning and Building Agency
Legal Notice published in the Orange County Reporter April 8, 2016.
Mayor Pro Tern Sarmiento opened the Hearing. The following spoke on the
matter:
Ray Maggi, founding member of original PREP program; expressed
concerns with new program proposed by staff.
o Staff directed to meet with resident.
Mayor Pro Tern Sarmiento, closed the Public Hearing.
MOTION: Continue consideration of matter to the May 3, 2016 City
Council Meeting.
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
75C. CONSIDERED OUT OF ORDER
CITY COUNCIL MINUTES 10A-2t APRIL 19, 2016
75D. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE
BENEFIT OF NOVA ACADEMY EARLY COLLEGE HIGH SCHOOL AND
RESOLUTION APPROVING THE ISSUANCE OF BONDS {STRATEGIC
PLAN NO. 3, 21 — Community Development Agency
Legal Notice published in the Orange County Reporter April 8, 2016 and
notices mailed on April 7, 2016.
MOTION: Consideration of matter continued to a future meeting per
staff's request.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
AGENDA ITEM CONSIDERED OUT OF ORDER
REPORTS
65B. RECONVENED CONSIDERATION OF MATTER - RECEIVE AND FILE
COUNCIL UPDATE REGARDING THE SANTA ANA JAIL; AUTHORIZATION
TO DRAFT REQUEST FOR QUALICATIONS (RFQ) FOR JAIL RE -USE
STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS WITH
POLICE OFFICERS ASSOCIATION; & AUTHORIZATION TO CONTINUE
DEVELOPMENT OF TRANSGENDER CARE PILOT (STRATEGIC PLAN
NO. 1, 4A) - City Manager's Office
The following speakers spoke on the matter:
• Lupita Rolon, member of OCYOU, opposed to ICE contract and detention
of transgender people.
• Fabiola Jacouse-Avila, Deportation Defense Organizer with Orange
County Immigrant Youth United, concerned with treatment and well-being
of ICE detainees.
• Jonathan Bibriesca, Statewide Coordinator for California Youth Justice
Alliance, spoke in support of AB1289 to end private detention centers;
urged closure of Santa Ana Jail to send message across the State and
Nation.
CITY COUNCIL MINUTES 1 OA-27 APRIL 19, 2016
• Pat Coyle, instructor at Jail, opined that human behaviors may be
changed and all deserve opportunities; spoke of series of services,
classes and accommodations available.
• Laura Kanter, Director of Policy Advocacy and Youth Services at LGBT
Center in Orange County, requested human dignity; not attacking
correctional officers; believe that ICE not prepared to handle transgender
woman and demand that ICE work to implement policies and programs
that are less costly than detention; Santa Ana to end contract.
Mayor Pro Tern Sarmiento, reported that Councilmember Benavides not
feeling well and City Council meeting would be losing quorum.
City Attorney Carvalho, indicated that if quorum lost, all pending matters
would be continued to another meeting; less than a quorum can consider
speakers but direction or comments from City Council should not be
considered until all speakers heard.
City Manager Cavazos, noted that matter may be continued to May 17, 2016
with whole new set of options presented for consideration.
Councilmember Tinajero, requested meeting be adjourned; councilmembers
may communicate with City Manager directly on the matter and not
collectively to avoid Brown Act violations.
MOTION; Adjourn meeting due to impending loss of quorum.
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Martinez, Pulido (3)
WORK STUDY SESSION
WSA. CITY MANAGER FIVE YEAR FORECAST (FY 16-17 — FY 20-21) AND
FISCAL YEAR 2016-17 TRIAL BUDGET — Finance and Management
Services
City Manager Cavazos, reported that community budget presentations would
continue as scheduled.
CITY COUNCIL MINUTES 10A-A APRIL 19, 2016
PUBLIC COMMENTS — The following speaker cards were received, but not heard due to
loss of quorum: Ashley Collins, Sandra Pocha Pena, James Kendricks, Ilya Tseglia,
Robert Tseglia, and Mario Morales.
ADJOURNED - 9:16 P.M. - The next meeting of the City Council is scheduled for
Tuesday, May 3, 2016 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at 5:45
p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana,
California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Budget Approved Fiscal Year 2016-2017
• 2016 General Election
• Economic Development Strategic Plan
• General Plan Update, tentatively scheduled for February 2018
CITY COUNCIL MINUTES 1 OA- 9 APRIL 19, 2016
1 OA-30