Loading...
HomeMy WebLinkAbout10A - MINUTES 01-17-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 17, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:13 p.m.) MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Roberto Herrera, expressed support for City Manager Cavazos, opined that elected officials should also be evaluated. • Carlos Perea, opined that the City is going through Trumpism, concept of over - criminalizing actions; warn of danger in going down that path. • Sandra Ortega, supports City Manager Cavazos; since his appointment residents have been engaged and City transformed. • Sam Romero, opined that City Manager has done great job in the Downtown area; supports Police Chief's efforts in the Logan neighborhood. • Councilmember Benavides, asked City Attorney for clarification on claims of retaliation. • City Attorney Carvalho, noted that no claims filed thus official may participate; also, if an employee decides to waive rights in exchange for some type of consideration or resolution. • Councilmember Tinajero, noted for the record that councilmembers that were not able to participate in the last special city council meeting requested a continuance, but not extended courtesy. Highlighted achievements of City Manager Cavazos included passage of Transient Occupancy Tax, transparency efforts, amicable relationships CITY COUNCIL MINUTES 1 JANUARY 17, 2017 1 0A -1 amongst Downtown associations; Chamber of Commerce in support of City Manager and more affordable housing units. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:23 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: • Richard Marckstadt v. City of Santa Ana; Workers' Compensation Appeals Board Case Nos. ADJ8904656; ADJ8904659 • Hank Couisine v. City of Santa Ana; Workers' Compensation Appeals Board Case No. ADJ8926744 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claimant: William Galvez 3. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (2 cases) 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney and Clerk of the Council 5. PUBLIC EMPLOYEE EMPLOYMENT, EVALUATION OF PERFORMANCE, DISCIPLINE, OR DISMISSAL /RELEASE pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 6. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager CITY COUNCIL MINUTES 2 JANUARY 17, 2017 1 0A -2 CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 7:11 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 0A -3 JANUARY 17, 2017 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DR. CURTIS SMITH, POLICE CHAPLAIN SPECIAL PRESENTATION - Update by Mexican Consul Mario Cuevas. EXCEPTIONAL CITIZEN AWARD presented by MAYOR PULIDO to Sandi Jackson for receiving the 2016 Philanthropist Award and her contributions to the City of Santa Ana. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ to former Congresswoman Loretta Sanchez PROCLAIMING JANUARY 17, 2017 AS LORETTA SANCHEZ DAY for her 20 years of outstanding service and commitment to the residents of our community. CLOSED SESSION REPORT- See Item 19A for any reportable actions. CITY COUNCIL MINUTES 4 JANUARY 17, 2017 1 0A -4 PUBLIC COMMENTS Spoke in support of Agenda Item 11A: • Alexis Nava Teodoro, thanked the City Council and staff; encourage formation of task force with investigative subpoena power; thanked former Congresswoman Loretta Sanchez for efforts on immigration rights. • Salvador G. Sarmiento, resolution is direct message that Santa Ana stands behind their residents; incomplete until City terminates contract with Immigration and Custom Enforcement (ICE) Agency; appreciate the City's commitment, also, opposed to agreement for jail services with Tustin and Newport Beach on the agenda. • Carlos Perea, thanked Councilmember Benavides for championing efforts; strong message before Trump's inauguration; need to terminate the ICE contract. • Joese Hernandez, represent OCCORD, echoed sentiments expressed earlier; responsible development is affordable housing that will allow residents to thrive; rent control, access to open space and healthy food options also needed; opined that it was unfortunate that City Manager separated; look forward to working with Gerardo Mouet as Acting City Manager. • Adriana Chih, supports proposed oversight committee. • Silvia Hernandez, proud to be a Sanctuary City, need community task force; hold all accountable. • Rabbi Stephen Einstein, CLUE member, understand concept and applaud City Council for taking steps; City are leaders for other communities; all should be welcomed and protected. • Edna Monroy, thanked the City Council for listening to the community; City moving in the right direction; urged termination of ICE contract. • Ilya Tseglin, requested support for this son. • Robert Tseglin, supports brother and request assistance in protecting him. • Lisbeth Rivera, support transgender women in the Santa Ana Jail. • Ivan Enriquez, opined that ICE contract needs to come to an end; Santa Ana needs to advocate for health insurance. • Victor Payan, expressed strong support of Sanctuary City. • Elizabeth Martinez, school volunteer, supports task force comprised of community members. • Hermelindo Saldana, represents SACReD, thanked the City Council for supporting the Sanctuary City ordinance and task force; proud to be a Santa Ana resident. • Leonel Velazquez R., opposed to discrimination in any form; terminate ICE contract, supports the increase to the Request for Proposal amount and district based elections. • Roberto Herrera, spoke on 11A, 25B and 65E; support district elections. • Hugo Munoz, spoke of dignity and thanked all for championing cause; support ending contract with ICE; also supports community benefits agreement that is missing in the Heritage contract. • Hermelinda Echeverria, member of OCCOG and Restorative Justice, recounted recent deportation of her husband; thanked the City Council for Sanctuary City designation and hope others do not have to be separated. • Araceli Robles, Thank you for approving the sanctuary ordinance, concerned with changes to the housing ordinance (Agenda Item 11 D). • Rick Niedermayer, spoke on Agenda Item 19C, concerned that minimum threshold amount. CITY COUNCIL MINUTES 5 JANUARY 17, 2017 1 0A -5 AGENDA ITEMS CONSIDERED OUT OF ORDER - 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 RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS (STRATEGIC PLAN NO. 5, 6F) — Clerk of the Council Office Placed on first reading at the December 20, 2016 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on January 6, 2017 and January 13, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2908 - RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS MOTION: Benavides SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) BOARDS / COMMISSIONS / COMMITTEES 13B. NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS FOR A PARTIAL TERM EXPIRING 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Diana Lopez to the Board of Recreation and Parks (Ward 2 Resident; replacing E. Carranza). 13C. NOMINATED BY MAYOR PRO TEM MARTINEZ AS THE WARD 2 REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A CITY COUNCIL MINUTES 6 JANUARY 17, 2017 1 0A -6 PARTIAL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Ginelle A. Hardy to the Historic Resources Commission (Ward 2 resident; replacing S. Coolidge). 13D. NOMINATED BY MAYOR PRO TEM MARTINEZ AS THE WARD 2 (REGULAR) REPRESENTATIVE TO THE YOUTH COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Juan P. Plascencia to the Youth Commission (Ward 2 resident; replacing M. Ruiz). 13E. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Humberto Sanchez to the Board of Recreation and Parks (Ward 3 resident; replacing K. Nguyen). 13F. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE ARTS AND CULTURE COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Rosa Garcia to the Arts and Culture Commission (Ward 4 Resident; replacing F. Gutierrez). 13G. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Jennifer S. Barron to the Youth Commission (Ward 2 resident). 13H. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 7 JANUARY 17, 2017 1OA -7 MOTION: Appoint Dennis Wootan to the Personnel Board (Ward 3 resident). 131. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Marlene Buitron to the Youth Commission (Ward 5 resident). 13J. NOMINATED BY COUNCILMEMBER VILLEGAS AS THE WARD 5 REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Ofelia Velarde- Garcia to the Board of Recreation and Parks (Ward 1 resident, replacing B. Leal). 13K. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Re- appoint Monica O. Garcia to the Community Redevelopment and Housing Commission (Ward 2 resident). 13L. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Roy Rodriguez to the Youth Commission (Ward 2 resident). 13M. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE ARTS AND CULTURE COMMISSION FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Re- appoint Don Cribb to the Arts and Culture Commission (Ward 3 resident). CITY COUNCIL MINUTES 8 JANUARY 17, 2017 1 0A -8 13N. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Thomas Morrissey to the Environmental and Transportation Advisory Committee (Ward 3 resident). 130. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Re- appoint Phillip Schaefer to the Historic Resources Commission (Ward 3 resident). 13P. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Re- appoint Eugen C. Andres to the Personnel Board (Ward 3 resident). 13Q. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE PLANNING COMMISSION FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Mark S. McLoughlin to the Planning Commission (Ward 3 resident). 13R. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS FOR A FULL TERM EXPIRING DECEMBER 11, 2018 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Wendy Tobiska to the Board of Recreation and Parks (Ward 5 resident). 13S. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE (ALTERNATE) TO THE YOUTH COMMISSION FOR A FULL TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 11 - CITY COUNCIL MINUTES 9 JANUARY 17, 2017 1 0A -9 MOTION: Appoint Chloe I. Fausto to the Youth Commission (Ward 1 resident). 13T. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE TO THE ARTS AND CULTURE COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION; Re- appoint Sandra "Pocha" Pena to the Arts and Culture Commission (Ward 2 resident). 13U. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Re- appoint Beatriz Mendoza to the Planning Commission (Ward 2 resident). 13V. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Maricela Vallejo to the Personnel Board (Ward 6 resident). 13W. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Re- appoint Tabatha N. Reyes to the Youth Commission (Ward 6 resident). MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) CITY COUNCIL MINUTES 10 JANUARY 17, 2017 1 0A -10 ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONERS: Arts and Culture Commissioner Rosa Garcia, and Sandra "Pocha" Pena Board of Recreation and Parks Diana Lopez, Humberto Sanchez, and Ofelia Velarde- Garcia Community Redevelopment and Housing Commission Monica O. Garcia Environmental and Transportation Advisory Committee Thomas Morrissey Historic Resources Commission Ginelle A. Hardy, and Phillip Schaefer Personnel Board Eugen C. Andres Maricela Vallejo Dennis Wootan Planning Commission Mark S. McLoughlin, and Beatriz Mendoza, Youth Commission Jennifer S. Barron (Regular Member), Marlene Buitron (Regular Member), Chloe Fausto (Alternate Member), Juan P. Plascencia (Regular Member), Tabatha N. Reyes (Regular Member), and Roy Rodriguez (Regular Member) CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 251, with the following modifications: • Councilmember Martinez pulled the following items for separate action: 20B, 25B, 25F and dissented on Agenda Item 11 D; and • Excused absence for Councilmember Sarmiento. MOTION: Martinez SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) CITY COUNCIL MINUTES 11 JANUARY 17, 2017 1 0A -11 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 DECEMBER 20, 2016 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF DECEMBER 28, 2016 {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. AGENDA ITEM CONSIDERED OUT OF ORDER IIB. ORDINANCE TO COMPLY WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Placed on first reading at the December 20, 2016 City Council meeting and approved by a vote of 6 -1 (Pulido dissented). Published in the Orange County Reporter on January 6, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2909 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO COMPLY WITH NEW STATE LAW (PROP 64) TO PERMIT INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas (5) CITY COUNCIL MINUTES 12 JANUARY 17, 2017 1 0A -12 NOES: Pulido (1) ABSTAIN: None (0) ABSENT: Sarmiento(1) 11C. ORDINANCE AMENDING CHAPTER 33, ARTICLE VII, OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE {STRATEGIC PLAN NO.5, 1) - Clerk of the Council Office Placed on first reading at the December 20, 2016 City Council meeting and approved by a vote of 6 -0 (Tinajero absent). Published in the Orange County Reporter on January 6, 2017. MOTION: Place revised ordinance on second reading and adopt. ORDINANCE NO. NS -2910 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE 11 D. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2015 -03 FOR THE HERITAGE VILLAGE MIXED -USE DEVELOPMENT AT 2001 EAST DYER ROAD {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Placed on first reading at the December 20, 2016 City Council meeting and approved by a vote of 6 -1 (Martinez dissented). Published in the Orange County Reporter on January 6, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) CITY COUNCIL MINUTES 13 JANUARY 17, 2017 1 0A -13 ABSENT: Sarmiento (1) BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Legislative Committee (Cancellation) 12/28/2016 Finance, Economic Dev. & Tech. Committee (Cancellation) 1/9/2017 FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2013 -170 (923 NORTH SANTIAGO STREET) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: AGMT NO. 2017 -013 - LIABILITY CLAIM pursuant to section 54956.95 of the Government Code: Claimant: William Galvez; Settlement Agreement in the mount of $50,000 approved by 6 -0 vote (Sarmiento absent). • PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager; Appointed Gerardo Mouet as Acting City Manager aproved by 6 -0 vote (Sarmiento absent). AGMT NO. 2017 -001 — PUBLIC EMPLOYEE EMPLOYMENT, EVALUATION OF PERFORMANCE, DISCIPLINE, OR DISMISSAL /RELEASE pursuant to Section 54957(b)(1) of the Government Code: City Manager. City Attorney Carvalho reported that City Manager David Cavazos and City Council have agreed to a separation agreement; employment agreement provided that he was an At -Will employee subject to termination without cause; Separation Agreement approved on amicable CITY COUNCIL MINUTES 14 JANUARY 17, 2017 1 OA -14 terms; Mr. Cavazos will be provided with severance consistent with the terms in his employment agreement. Motion to approve Separation Agreement carried by a 4 -2 vote, (Benavides and Tinajero dissented and Sarmiento absent). 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION, Excuse the absence of Councilmember Sarmiento from said meeting. 19C. NONPROFIT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION PROCESS FOR FISCAL YEAR 2017 -2018 {STRATEGIC PLAN NO. 5, 4) - Community Development Agency MOTION: Continue consideration of matter to the February 7, 2017 City Council Meeting, at the request of staff. 19D. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR - ENDED JUNE 30, 2016 (STRATEGIC PLAN NO. 4, 1) - Finance and Management Services Matter continued from the December 20, 2016 City Council meeting by a vote of 7 -0. MOTION: Continue consideration of matter to the February 7, 2017 City Council Meeting, at the request of staff. 19E. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2016 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. 19F. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR DECEMBER 2016 (STRATEGIC PLAN NO. 5, 1) - Public Works Agency MOTION: Receive and file. 19G. WATER AND SEWER PROJECTS AND CAPITAL IMPROVMENTS STATUS DURING THE PERIOD OF MARCH 1, 2015 THROUGH NOVEMBER 30, 2016 {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 15 JANUARY 17, 2017 1 0A -15 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. WORKFORCE INNOVATION AND OPPORTUNITY ACT RAPID RESPONSE FUNDS FOR PROGRAM YEAR 2016 -2017 (STRATEGIC PLAN NO. 2, 4) - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -077- Recognizing additional Workforce Innovation and Opportunity Act Rapid Response grant funds in the amount of $240,869 in revenue account and appropriating same to Rapid Response expenditure account. 20B. AUTHORIZE PAYMENT TO THE COUNTY OF ORANGE FOR NEW ANIMAL SHELTER CONSTRUCTION (STRATEGIC PLAN GOAL NO. 1, 5) - Police Department Mayor Pro Tern Martinez, expressed concern with entering into agreements without funds appropriated and now surplus funds being considered. Finance and Management Services Executive Director Fran Gutierrez, indicated that matter approved by the City Council in April of 2016 and included provision that funds would be from fund balance and subsequent amounts would be included in budget; difference in surplus is current year operating amounts and fund balance is prior year encumbrances and releasing funds for other projects. Mayor Pro Tern Martinez, noted that some cities have dropped out and now Santa Ana has to pick up larger share for construction of new facility. Mayor Pulido, asked if other alternatives council be considered. Acting City Manager Mouet, noted that City would be delinquent if not paid by January 30th, City paying with fund balance and not surplus funds. F, MOT0i11M 1. Approve an increase to the contract amount of the Participation Agreement approved by the County of Orange and the City of Santa Ana, increasing the amount by $727,768 for a new total contract amount of $7,869,145 (principal and interest). 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 16 JANUARY 17, 2017 1 0A -16 APPROPRIATION ADJUSTMENT NO. 2017 -078 - Appropriating $750,000 from fund balance (Fiscal Year 2015 -16 General Fund), to pay for the first year payment of the County of Orange construction of the Animal Shelter. 3. Authorize payment of the term commencing July 1, 2016 through June 30, 2017 of principal and interest to the County of Orange for the City's share of the construction of the new animal shelter facility in the amount of $814,454.26. 4. Direct staff to request the County of Orange for an amended Participation Agreement that details the new terms and conditions resulting from the increased costs associated with the construction of the County Animal Shelter. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento(1) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -142 - PURCHASE OF 44 SPECIAL WEAPONS AND TACTICS TEAM (SWAT) SWAT RIFLES AND ACCESSORIES (STRATEGIC PLAN NO. 1, 5) (Police Department) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Adamson Police Products in the amount of $107,930, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR CONSTRUCTION OF WARNER AVENUE AND FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15- 6840 & 16 -6858) {STRATEGIC PLAN NO. 6, 16; 1C; 1G) — Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to All American Asphalt, the lowest CITY COUNCIL MINUTES 17 JANUARY 17, 2017 1 0A -17 responsible bidder, in accordance with the bid in the amount of $2,588,698, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Warner Avenue Pavement Maintenance and the First Street Pavement Maintenance projects, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,500,000, which includes the contract base amount, administration, inspection, testing, and a contingency of $522,998. AGREEMENTS 25A. SPECIALIZED ENGINEERING SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency ihi[0y9Ca7►�A 1. AGMT NO. 2017 -002 - Authorize the City Manager and the Clerk of the Council to execute an agreement with Bentley Systems, Inc. for software maintenance and technical support for the specialized engineering software used in the Public Works Agency, in an amount not to exceed $55,000 per year, for a one -year subscription period beginning January 17, 2017, and ending January 16, 2018, with the option to extend for up to four additional one -year terms, exercisable by the City Manager or his designated representative, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2017 -003 - Authorize the City Manager and the Clerk of the Council to execute a concurrent amendment to the agreement with Bentley Systems, Inc. that identifies mutually accepted changes to the agreement, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. PROVIDE BOOKING SERVICES TO THE CITY OF TUSTIN AND THE CITY OF NEWPORT BEACH FOR CITABLE OFFENDERS {STRATEGIC PLAN NO. 1, 4A} - Police Department Mayor Pro Tern Martinez, opposed to operating jail, thus not support entering into agreement with other municipalities. Police Chief Rojas, noted that City has had agreement with City of Tustin since 2004 and Newport Beach requested consideration; contract is mainly for arrest for drunk driving violations. CITY COUNCIL MINUTES 18 JANUARY 17, 2017 1 0A -18 Councilmember Solorio, noted that Request for Proposal has been released and responses due at the end of the month; suggested continuance for 30 days to evaluation proposals. Mayor Pulido, asked if contract was to be terminated if it could be terminated with 30 day notice. City Attorney Carvalho, indicated that termination clause in the contract. Councilmember Tinajero, concerned with continuing to offer jail services. Councilmember Villegas, supports contract with knowledge that termination clause included. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with the City of Tustin to provide jail services for the period of January 11, 2017 through January 10, 2020, in the amount of $146 per prisoner, subject to non- substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with the City of Newport Beach to provide jail services for the period of January 17, 2017 through January 16, 2020, in the amount of $146 per prisoner, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN ABSENT: *Motion failed 3 -3. SECOND: Solorio Pulido, Solorio, Villegas (3) Benavides, Martinez, Tinajero (3) None (0) Sarmiento (1) CITY COUNCIL MINUTES 19 JANUARY 17, 2017 1 0A -19 25C. VOLUME LICENSING AND MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS {STRATEGIC PLAN NO. 7, 2D} - Information Technology Department MOTION: 1. AGMT NO. 2017 -004 - Approve and authorize the City Manager and Clerk of the Council to execute the attached option to renew large account reseller agreement with SoftwareONE, Inc. in an annual amount not to exceed $500,000 for an additional three -year period, beginning February 1, 2017 through January 31, 2020, subject to non - substantive changes and approved by the City Manager and City Attorney. 2. AGMT NO. 2017 -005 - Authorize the City Manager and Clerk of the Council to execute the attached Microsoft Enterprise Enrollment Agreement for volume licensing and maintenance, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2017 -006 - LANDSCAPE SERVICES FOR DISTRICT 2 AND DISTRICT 3 (PARKS AND FACILITIES) {STRATEGIC PLAN NO. 6, 1B} - Parks, Recreation and Community Services Agency; and Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with DMS Facility Services to provide landscape maintenance services in District 2 in an annual amount not to exceed $327,972, and in District 3 in an annual amount not to exceed $437,250, for a total annual of $765,222, which includes a 10% contingency, for a term from February 1, 2017 through January 31, 2019, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. INFIELD MAINTENANCE SERVICES FOR DISCTRICT 3 AND DISTRICT 2 (CITY PARKS) {STRATEGIC PLAN NO. 6, 113} Parks, Recreation and Community Services Agency MOTION: 1. AGMT NO. 2017 -007 - Authorize the City Manager and Clerk of the Council to execute an agreement with Major League Infields, Inc. to provide infield maintenance services in District 3 in an annual amount not to exceed $68,303, which includes a 10 percent contingency, for a term from February 1, 2017 through January 31, 2019, with two, one - year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 20 JANUARY 17, 2017 1 OA -20 2. AGMT NO. 2017 -008 - Authorize the City Manager and Clerk of the Council to execute an agreement with Professional Sports Field Maintenance, Inc. to provide infield maintenance services in District 2 in an annual amount not to exceed $37,939, which includes a 10% contingency, for a term from February 1, 2017 through January 31, 2019, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2017 -009 - APPROVE TENANT- INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreement of Tenant Interest with George De Anda in the property known as Taqueria De Anda in an amount of $220,465 for the property located at 1221 North Bristol Street and 1240 West Washington Avenue (APN Nos. 405 - 274 -12, -13) and goodwill (if any), subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento(1) 25G. AGMT NO. 2017 -010 - PRINTING SERVICES OF THE QUARTERLY RECREATION BROCHURE {STRATEGIC PLAN NO. 5, 6C) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Advantage Mailing to provide printing services of the quarterly recreation brochure in an annual amount not to exceed $25,000, for a term from January 17, 2017 through February 16, 2019, with two, one - year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2017 -011 - PROVIDE A LUNCHTIME TROLLEY SERVICE IN DOWNTOWN SANTA ANA {STRATEGIC PLAN NO. 3, 4F) - Community Development Agency CITY COUNCIL MINUTES 21 JANUARY 17, 2017 1 OA -21 MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Dulac Enterprises (DBA Big Red Bus) in an amount not to exceed $93,600, for a term beginning January 24, 2017 through January 26, 2018, subject to non - substantive changes approved by the City Manager and City Attorney. 251. AGMT NO. 2017 -012 - REAL PROPERTY APPRAISAL SERVICES (STRATEGIC PLAN NO. 3, 5A) - Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Lidgard and Associates, Inc. for a three year period from January 17, 2017 through January 16, 2020 in a total amount not to exceed $30,000, subject to non - substantive changes approved by the City Manager and City Attorney. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. FISCAL YEAR 2017 HOMELAND SECURITY GRANT PROGRAM FUNDING {STRATEGIC PLAN NO. 1, 2,6) - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017 -001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY 2017 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. Reimbursement agreements will not be prepared until the award amount is received from Cal OES. MOTION: Martinez SECOND: Benavides CITY COUNCIL MINUTES 22 JANUARY 17, 2017 1 OA -22 VOTE: AYES: Benavides, Martinez, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) Pulido, Solorio, Tinajero, 55B. APPROVE WATER SUPPLY ASSESSMENT FOR THE COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN {STRATEGIC PLAN NO. 3, 3 AND 5, 2) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017 -002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE COUNTY OF ORANGE CIVIC CENTER FACILITIES STRATEGIC PLAN MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) REPORTS 65A. ANNUAL REVIEW AND APPOINTMENT OF REGIONAL BOARD REPRESENTATIVES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Matter continued from the December 20, 2016 City Council meeting to the January 17, 2017 City Council meeting by a vote of 7 -0. MOTION: Continue matter to the February 7, 2017 City Council Meeting. MOTION: Pulido SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) CITY COUNCIL MINUTES 23 JANUARY 17, 2017 1 OA -23 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) 65B. ANNUAL REVIEW OF COUNCIL COMMITTEES AND APPOINTEES {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Continue matter to the February 7, 2017 City Council Meeting. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Benavides, Martinez, Villegas (6) None (0) None (0) Sarmiento (1) Pulido, Solorio, Tinajero, 65C. CONTINUE ITEM: COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NOS. 2,2A; 2,213; 5,413; 5,5C; 5,6C } - City Manager's Office and Community Development Agency Consideration of matter continued from the December 20, 2016 City Council meeting to the January 17, 2017 City Council meeting by a vote of 6 -0 (Benavides abstained). MOTION: Continue matter to the February 7, 2017 City Council Meeting at the request of staff. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Martinez, Pulido, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: Benavides (1) ABSENT: Sarmiento (1) CITY COUNCIL MINUTES 24 JANUARY 17, 2017 1 OA -24 65D. CONTINUE ITEM: ADOPT THE FISCAL YEAR 2015 -16 SURPLUS ALLOCATION PLAN AND APPROVE APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NOS. 1, 1; 2, 1, 2) - Finance and Management Services Consideration of matter continued from the December 20, 2016 City Council meeting to a future City City Council meeting by a vote of 6 -1 (Tinajero dissented). MOTION: Continue matter to the February 21, 2017 City Council Meeting at the request of staff. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) 65E. EVALUATION OF OPTIONS CONCERNING POTENTIAL TRANSITION TO A BY- DISTRICT ELECTIONS SYSTEM {STRATEGIC PLAN NO. 5, 11 - City Attorney's Office Matter continued from the December 20, 2016 City Council meeting to the January 17, 2017 City Council meeting by a vote of 7 -0. • Alex Vega, spoke in opposition to direct district elections. • Sandra Ortega, supports district elections; all neighborhoods and resources must be represented, important to know the needs of the area. Councilmember Tinajero, proposed amendment to the Charter to increase 30 day residency to one year; follow spirit of the law; need definition of residency; also, propose 7 councilmember wards with the Mayor elected amongst councilmembers, will stifle special interest and allow neighborhoods to mobilize; support Ward elections. Councilmember Benavides, supports integrity to the election process and elected member to represent the area; motion to direct staff to prepare language for City Council consideration. Mayor Pro Tern Martinez, supports a full -time elected Mayor and City Council; remove campaign contribution as part of reform and have the City pay for elections. CITY COUNCIL MINUTES 25 JANUARY 17, 2017 1 OA -25 Councilmember Villegas, acknowledge that being an elected official is a lot of work; direct ward elections would take away rights of all City residents to elect their representatives. Councilmember Tinajero, opined that candidates should be living in the Ward for at least a year; possibility for reform and consider Los Angeles model; strengthen the residency requirement; supports Mayor Pro Tern Martinez option for campaign reform; voters to decide if they would like full -time or part -time representatives; need to be inclusive and allow all to have opportunity to run for office; motion to direct staff to prepare documents to place on the ballot - change minimum residency requirement and campaign reform; option for full - time or part -time elected officials; and create task force to decide whether mayor is directly elected or not; seconded by Councilmember Benavides. Councilmember Solorio, open to discussing some areas and Charter in general; support placing on the ballot in November of 2018 and not as part of a special election; should not extend the term of any current member; residency requirement is defined in case law; special election may be cost prohibitive. Indicated that he has been transparent about his residency; concerned that surplus budget may have been due to unfilled vacancies; need to get finances in order in addition to using enterprise funds to fund other operations. Also, noted that unions have traditionally endorsed candidates, now fewer unions involved. Mayor Pulido, suggest that Charter Amendments should be placed on 2018 general election ballot; opined that City is fortunate that we don't have district election — need to focus on interest of the entire City; voters decide who should represent City, but City represented by officials that live in all areas; dissented on proposed motion. Mayor Pro Tern Martinez, noted that several changes were proposed in the past such as reform of Personnel Board, in addition to term limits; supports matter placed on the 2018 General Election to reduce cost. Also, staff should consider vacant funded positions be consolidated into one account that all departments can tap into account; noted that retirement of long term employees not funded; matters should be discussed and considered since planning is time consuming. City Attorney Carvalho, noted that any Charter Amendments need to be approved by the City Council no later than 88 days before Election Day. Councilmember Tinajero, stated for the record that elected officials that are termed out would not benefit from term extensions; community needs to decide or residents may consider initiative process. MOTION: Direct staff to place on the ballots following charter amendments - increase minimum residency requirement, campaign reform, option to have full -time or part -time elected officials and task force to review option to have directly elected Mayor. MOTION: Tinajero SECOND: Benavides CITY COUNCIL MINUTES 26 JANUARY 17, 2017 1 OA -26 VOTE: AYES: NOES: ABSTAIN ABSENT: *Motion failed 2 -4. PUBLIC HEARING Benavides, Tinajero (2) Martinez, Pulido, Solorio, Villegas (4) None (0) Sarmiento (1) 75A. PUBLIC HEARING FOR THE ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGE COUNTY BAR FOUNDATION; TAX EQUITY AND FINANCIAL RESPONSIBILITY ACT (TEFRA) (STRATEGIC PLAN NO. 2, 4) - Community Development Agency Legal Notice published in the Orange County Reporter on December 23, 2016. MOTION: 1. Conduct a Tax Equity and Financial Responsibility Act hearing in consideration of issuance of tax - exempt obligations by the California Enterprise Development Authority for the purpose of financing facilities located in Santa Ana, California for the benefit of Orange County Bar Foundation, Inc; and 2. Adopt a resolution. RESOLUTION NO. 2017 -003 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 TO FINANCE FACILITIES FOR THE BENEFIT OF THE ORANGE COUNTY BAR FOUNDATION, INC. MOTION: Villegas VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) CITY COUNCIL MINUTES 27 JANUARY 17, 2017 1 OA -27 RECESSED THE CITY COUNCIL MEETING AT 9:46 P.M. TO THE SPECIAL HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 9:47 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS • Alex Vega, congratulated newly elected councilmembers. • Michael Klubinikin, noted that County of Orange has merged all comments to the beginning of the meeting and further limit speakers. • Ilya Tseglin, concerned with court system and services provided by Orange County Regional Center. • Robert Tseglin, spoke of abuse suffered by his brother in care of the State. 90A. CITY MANAGER'S COMMENTS • Acting City Manager Mouet, thanked the City Council for appointment and family for support; pledged to work with all elected officials and the residents of our community. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Wished all a Happy New Year; and • Look forward to engaging community on economic development efforts and partnership with the school district including arts program and IB program at Saddleback High School; City should establish internship program for young residents to learn about opportunities in local government. Councilmember Solorio: • Congratulated Acting City Manager on appointment; thankful for taking on responsibility; • Requested report to the City Council on police department recruitment efforts due to increased number of shooting; need to fill as soon as possible; • Concerned with upcoming budget; suggest a planning session or work study session to discuss ideas and prioritize vision; need comprehensive public safety program including prevention, suppression and intervention; Project Pride may be more robust, increased library hours and supports youth summer internship program; suggested Saturday Night Live program that can offer healthy activities; and CITY COUNCIL MINUTES 28 JANUARY 17, 2017 1 OA -28 • Homelessness continues to be an issue and priority; requested status of City's public declaration that it has a Public Health Crises, recommended a study session to review efforts by County and City. Councilmember Villegas: • Noted that he met with Susan Price, Director of Care Coordination with the County of Orange, and Supervisor Andrew Do about homeless encampment and offered assistance; will continue to meet on said matter; and • Will continue to address public safety concerns Councilmember Benavides • Expressed disappointment with some actions taken tonight; former City Manager brought large City experience to Santa Ana; opined that interest of the community not considered; and • Also noted that by- district elections would prevent carpet bagging and encourage public participation and community decision making. Mayor Pro Tern Martinez: • Wished Mayor a Happy Birthday; • Spoke of recent gang shootings and public safety in general, however more residents have died from pedestrian accidents - important to prioritize; • Suggested contracting with Sherriff's Department or another City to assist police department; need to implement prevention measures; consider Restorative Justice Program and CDBG funding; need to have sufficient staff to address shootings; • Noted that City has upcoming negotiations with all labor groups; important to maintain fiscal health - not commingle enterprise funds with general funds; requested copy of recent study by former City Manager on said topic. * Councilmember Benavides left at 10:12 p.m. and did not return. Mayor Pulido: • Look forward to working with Acting City Manager; need to manage budget; • Commented that economy continues to improve although Nordstrom exiting the Mall, work with economic development to bring another large retailer; also, Kia dealership may be moving; need to encourage similar businesses into the City. • Adjourned meeting in memory of Ami Rossignol -Lie and Werner Escher. ADJOURNED - 10:22 p.m. - The next meeting of the City Council is scheduled for Tuesday, February 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, anta Ana, California. CITY COUNCIL MINUTES 29 JANUARY 17, 2017 1 OA -29 Adjourn Meeting in Memory of Ami Rossignol Lies and Werner Escher Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 30 JANUARY 17, 2017 1 0A -30