HomeMy WebLinkAbout10A - MINUTES 3-7-17MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 7, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:09 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:18 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 - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m.
CLOSED SESSION ITEMS
The Brown Act permits legislative bodies to discuss certain matters without members of the
public present. The City Council finds, based on advice from the City Attorney, that discussion
in open session of the following matters will prejudice the position of the City in existing and
anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Rosario Maciel Avitia, et al. v. United States Immigration and Customs
Enforcement, et. al. (United States District Court Case No.: 2:16-CV- 04818 -R-
S K)
CITY COUNCIL MINUTES 1 MARCH 7, 2017
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2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED / POTENTIAL
LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of
subdivision (d) of Section 54956.9 of the Government Code: Two (2) Cases
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Santa Ana Police Officers Association
(POA)
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 2 MARCH 7, 2017
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CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
6:13 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
POLICE CHAPLAIN DAVID MITCHELL
SPECIAL PRESENTATION - Annual Report by Dr. Chiarina Piazza of the Orange County
Human Relations
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the
following Neighborhood Associations for their Outstanding Community Involvement:
• Jack Fisher Park
• Floral Park
• Morrison /Eldridge Park
• West Floral Park
PROCLAMATION presented by COUNCILMEMBER VILLEGAS to the Santa Ana Unified
School District proclaiming March, 2017 as Youth Art Month.
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CLOSED SESSION REPORT- See Item 19A for any reportable actions.
PUBLIC COMMENTS - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 29A, with the following modifications:
• Mayor Pro Tern Martinez, pulled Agenda Items 19C, 19E, 19H, 19J, 21A and 25C
for separate action;
• Councilmember Benavides, pulled Agenda Item 19D for separate action; and
• Councilmember Solorio, pulled Agenda Item 19D for separate action.
MOTION: Martinez SECOND: Benavides
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
MINUTES
Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas
(6)
None (0)
None (0)
Sarmiento (1)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 21, 2017
{STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES / SECOND READING
11A. SECOND READING ORDINANCE: AMEND SANTA ANA MUNICIPAL CODE
SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS
AND VICIOUS DOG TO BE CONSISTENT WITH CURRENT STATE LAW
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
CITY COUNCIL MINUTES 4 MARCH 7, 2017
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Placed on first reading at the February 21, 2017 City Council meeting and
approved by a vote of 7 -0.
Legal Notice published in the Orange County Reporter on February 24, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2912 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE
SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS
AND VICIOUS DOG
11 B. SECOND READING ORDINANCE: GENERAL PLAN AMENDMENT NO. 2016-
03 AND AMENDMENT APPLICATION NO. 2016 -03 FOR A PROPOSED PARK
AT 415 AND 423 SOUTH RAITT STREET — CITY OF SANTA ANA PARKS,
RECREATION AND COMMUNITY SERVICES AGENCY, APPLICANT
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
Placed on first reading at the February 21, 2017 City Council meeting and
approved by a vote of 6 -0 (Solorio absent).
Legal Notice published in the Orange County Reporter on February 24, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2913 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2016 -03 REZONING PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT
STREET FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO OPEN SPACE
LAND (0)
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION; Approve settlement as follow:
AGMT NO. 2017 -043 - CONFERENCE WITH LEGAL COUNSEL -- EXISTING
LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of
the Government Code: Rosario Maciel Avitia, et al. v. United States Immigration
and Customs Enforcement, et. al. (United States District Court Case No.: 2:16 -
CV- 04818- R -SK); Motion by Councilmember Tinajero, seconded by
Councilmember Solorio to approve settlement in the amount of $140,000 by a 5-
0 vote (Pulido abstained and Sarmiento absent).
19B. EXCUSED ABSENCES — Clerk of the Council Office
CITY COUNCIL MINUTES 5 MARCH 7, 2017
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MOTION: Excuse the absence of Councilmember Sarmiento from said
meeting.
MOTION: Receive and file the following audited and separately issued
reports for Fiscal Year Ended June 30, 2016:
1. Comprehensive Annual Financial Report
2. South Coast Air Quality Management District (SCAQMD)
3. Appropriations Limit (GANN Limit)
4. Compliance with the Statement of Investment Policy
MOTION: Benavides
SECOND: Tinajero
VOTE: AYES:
Benavides, Pulido, Solorio, Tinajero, Villegas (5)
NOES:
Martinez (1)
ABSTAIN:
None (0)
ABSENT:
Sarmiento (1)
MOTION: Authorize the Planning and Building Agency to release the
Request for Qualifications (RFQ) to qualified consulting firms to provide
expedited building inspection services.
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Sarmiento (1)
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19E. CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL
PROGRESS REPORT {STRATEGIC PLAN NO. 5, 361 — Planning and Building
Agency
MOTION: Authorize submittal of the General Plan Housing Element
Annual Progress Report to the State of California Housing and Community
Development.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Pulido, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Sarmiento (1)
19F. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5,
11 - Clerk of the Council Office
MOTION: Approve the requests for the destruction of obsolete records in
accordance with the retention schedule outlined in City Council
Resolution 2013 -014. The Citywide Records Retention Schedule has
specific retention periods for many City documents. The Schedule is
modeled after the California Secretary of State's sample for local
government and incorporates other statutory periods applicable to Santa
Ana. These are minimum retention periods. Each department makes
discretionary decisions on whether to retain records past the minimum
requirements.
19G. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR FEBRUARY 2017
(STRATEGIC PLAN NO. 5, 1) — Public Works Agency
MOTION: Receive and file.
19H.,
MOTION: Receive and file the Addressing Maintenance, Enhancing
Service Program Update.
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MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Solorio, Tinajero
Villegas (6)
None (0)
None (0)
Sarmiento (1)
191. BUDGET CALENDAR UPDATE FOR FISCAL YEAR 2017 -18 {STRATEGIC
PLAN NO. 5, 11 - City Manager's Office
MOTION: Receive and file.
Mayor Pro Tem Martinez, stated for the record that she has stepped down from
the Legislative, Ethics and Transparency Council Committee and open for
consideration.
MOTION: Receive and file update; amend as needed and at the pleasure
of the City Council.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Martinez, Pulido, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Sarmiento (1)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
CITY COUNCIL MINUTES 8 MARCH 7, 2017
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20A. APPROPRIATION ADJUSTMENT ACCEPTING 2016 IMPROVING CRIMINAL
JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLANCE,
DATING VIOLENCE, AND STALKING GRANT PROGRAM FUNDS
{STRATEGIC PLAN NO. 1, 3B} — Police Department
MOTION: Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT - Approve an appropriation adjustment
accepting $136,036.80 in the Human Options Grant revenue account (no.
12714002 52001) and appropriate same in the Human Options Grant
expenditure account (no. 12714406 61040).
GRANTS /APPLICATIONS
Mayor Pro Tern Martinez, explained reason for dissention on item; noted that
vacant property issue had been discussed at the Development Council
Committee; asked that matter be reagendized at the council committee level
and include consideration for space making, community gardens component
and linear parks; also asked about sustainability of projects once M2 funds
expire (in 25 years).
Councilmember Solorio, suggest staff bring back Bristol Street Plan to re-
evaluate some aspects such as inconsistency of artificial and real turf, usable
green open space, and residential parking; also, Citywide request for proposals
be prepared for all vacant parcels.
Mayor Pulido, pleased with improvements; pave way for other regional projects
that are proposed.
MOTION: Authorize the Public Works Agency to request a one -time, two -
year time extension of Measure M2 Comprehensive Transportation
Funding Program for the following projects:
1. Construction funds for Bristol Street Improvements Project, Civic
Center to Washington.
2. Construction funds for Bristol Street Improvements Project, Warner to
St. Andrew.
3. Right -of -way funds for Warner Avenue Improvements Project, Main to
Oak.
MOTION: Benavides SECOND: Pulido
CITY COUNCIL MINUTES 9 MARCH 7, 2017
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VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SPECIFICATIONS
Benavides, Pulido, Solorio, Villegas (4)
Martinez (1)
None (0)
Tinajero, Sarmiento (2)
22A. CONTRACT AWARD FOR PREPAID GAS CARDS (SPEC. NO. 16 -103)
{STRATEGIC PLAN NO. 7, 6) — Community Development Agency
MOTION: Award a contract to SVM, LP for the purchase of prepaid gas
cards for a one -year period expiring March 31, 2018, with the provision for
three one -year renewal options exercisable by the City Manager, in the
annual amount not to exceed $33,000, subject to non - substantive changes
approved by the City Manager and City Attorney.
22B. CONTRACT AWARDS FOR ELECTRICAL REPAIR AND REHABILITATION
SERVICES (SPEC. NO. 17 -007) {STRATEGIC PLAN NO. 6, 1) — Public Works
Agency
MOTION: Award contracts for electrical repair and rehabilitation services
for City water facilities for a two -year period expiring March 31, 2019, with
provisions for three one -year renewals exercisable by the City Manager, in
an annual aggregate amount not to exceed $600,000, subject to non -
substantive changes approved by the City Manager and City Attorney, with
the following vendors:
Vendor
Inter - Pacific, Inc.
Leed Electric, Inc.
M. Brey Electric, Inc.
Location
Tustin
Santa Fe Springs
Beaumont
22C. CONTRACT AWARD FOR PESTICIDE TREATMENT OF SANITARY SEWER
MANHOLES (SPEC. NO. 17 -025) {STRATEGIC PLAN NO. 6, 1) - Public Works
Agency
MOTION: Award a contract to Golden Bell Products, Inc., for treatment of
sanitary sewer manholes with insecticidal latex coating for a one -year
period expiring March 31, 2018, with provisions for three one -year
renewals, in an annual amount not to exceed $100,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 10 MARCH 7, 2017
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AGREEMENTS
25A.' " AGMT NO. 2017 -044 - UTILITY CABINET PILOT ART PROJECT PHASE
THREE- ELEMENTARY SCHOOL DESIGNS (STRATEGIC PLAN NO. 5, 5B)
Community Development Agency
At its regular meeting on February 16, 2017 by a vote of 6:0 (Cribb, Absent), the
Arts and Culture Commission recommended that City Council authorize the City
Manager and the Clerk of the Council to execute agreements with the Santa Ana
Unified School District representing six elementary schools participating in
Phase 3 of the Utility Cabinet Pilot Art Program.
Councilmember Benavides, highlighted partnership with school district on this
project.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with the Santa Ana Unified School District for Phase
Three of the Utility Cabinet Pilot Art Project in an amount not to exceed
$1,200.00, subject to non - substantive changes approved by the City
Manager and City Attorney.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Villegas (4)
NOES: None (0)
ABSTAIN: Tinajero (1)
ABSENT: Solorio, Sarmiento (2)
* Councilmember Tinajero abstained due to his employment with Santa Ana
Unified School District.
25B. AGMT NO. 2017 -045 - AMEND AND RENEW AGREEMENTS FOR
PAYROLL /HUMAN RESOURCE SYSTEM MAINTENANCE, SERVICES, AND
LICENSES {STRATEGIC PLAN NO. 7, 5A} — Information Technology
Management Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to amend
and renew the agreements with High Line Corporation for Payroll and
Human Resources system maintenance, services, and software licenses in
an amount not to exceed $340,000 over a three -year period from March 8,
2017, through March 31, 2020, subject to non - substantive changes
approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 11 MARCH 7, 2017
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Mayor Pro Tern Martinez, stated that safety key in reviewing mobility options.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with NeighborWorks Orange County to provide
bicycle safety education services for the period beginning March 7, 2017,
and ending September 30, 2017, in an amount not to exceed $140,000,
subject to non - substantive changes approved by the City Manager and
City Attorney.
MOTION: Martinez SECOND: Solorio
VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4)
NOES: None (0)
ABSTAIN: Benavides(1)
ABSENT: Tinajero, Sarmiento (2)
*Councilmember Benavides abstained due to his employment with Kidworks
who may be a subcontract recipient of funds.
MISCELLANEOUS - BUDGET
29A. PAYMENT AUTHORIZATION FOR COSTS ASSOCIATED WITH THE 2016
GENERAL MUNICIPAL ELECTION {STRATEGIC PLAN NO. 4, 3D} — Clerk of
the Council Office
MOTION: Authorize payment in the amount of $101,037.33 to the County
of Orange for payment of consolidations services associated with the
2016 General Municipal Election held on November 8, 2016.
**END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE
NOS. 2015 -01 AND 2015 -02 FOR A NEW FULL - SERVICE CAR WASH TO BE
CITY COUNCIL MINUTES 12 MARCH 7, 2017
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LOCATED AT 2402 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3, 21 —
Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2017 -011 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE
PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR THE
SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN ADDITIONAL ONE
YEAR FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL STREET
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavidez, Martinez, Pulido, Villegas (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Solorio, Tinajero (3)
55B. RESOLUTION AUTHORIZING THE SUBMITTAL OF A HOUSING RELATED
PARKS GRANT APPLICATION IN THE AMOUNT OF $938,950 FOR THE
CONSTRUCTION OF A PARK AT THE SOUTHWEST CORNER OF SIXTH
STREET AND LACY STREET {STRATEGIC PLAN NO. 5, 4A) — Parks,
Recreation and Community Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2017 -012 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR HOUSING -
RELATED PARKS GRANT
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARING
SECOND: Benavides
Benavidez, Martinez, Pulido, Villegas (4)
None (0)
None (0)
Sarmiento, Solorio, Tinajero (3)
CITY COUNCIL MINUTES 13 MARCH 7, 2017
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75A. PUBLIC HEARING - ORDINANCE TO REGULATE MOBILE FOOD VENDING
VEHICLES {STRATEGIC PLAN NO 5, 41 - Planning and Building Agency; and
City Attorney's Office
Matter continued from the December 20, 2016 City Council at the request of
staff. The Hearing opened and closed at the February 7, 2017 City Council
meeting.
Legal Notice published in the Orange County Reporter, Orange County
Register, and La Opinion on January 27, 2017 and notices mailed to mobile
vendors on January 31, 2017.
The following speakers spoke in support of proposed ordinance:
• Felipe Guerrero
• Beatriz Martell
• Arturo Cervantes
• Irma Macias
• Ricardo Cardenas
• Richard Garcia
The following speakers spoke in opposition to proposed ordinance
• Alberto Hernandez
• Teresa
• Naui Hutzilopochtli
• Maritza Bustamante
Council discussion ensued.
Mayor Pro Tern Martinez, asked a series of questions
Councilmember Benavides, health and safety concerns are addressed with
proposed ordinance.
Councilmember Solorio, balance all interests; need to continue outreach to
business owners; suggest food truck vending island. Request friendly
amendment to motion to remove misdemeanor provisions and only allow for
fines.
Councilmember Tinajero, noted that proposed ordinance will allow City to be in
compliance with the State.
FRIENDLY AMENDMENT TO MOTION: Place ordinance on first reading
and authorize publication of title; and remove misdemeanor provisions.
ORDINANCE NO. NS -2914- AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF
CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE
CITY COUNCIL MINUTES 14 MARCH 7, 2017
1 OA -14
SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF
CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE
SECTIONS 36 -700 THROUGH 36 -720); AND ADOPTING THE NEW FOOD
VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavidez, Martinez, Solorio, Tinajero, Villegas (5)
NOES: None (0)
ABSTAIN: Pulido (1)
ABSENT: Sarmiento(1)
*Mayor Pulido abstained out of an abundance of caution due to familial
affiliation to commissary business.
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items
on the City Council Agenda to be considered by the City Council.
85A. DIRECT STAFF TO ESTABLISH AN INDEPENDENT REVIEW OR CITIZEN
REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES
AND POLICIES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL —
Mayor Pro Tern Martinez
The following addressed the City Council:
• Hairo Cortez, suggested that any proposed board or review committee be
linked to Sanctuary City concept.
• Alexis Nava Teodoro, noted that Sanctuary City ordinance includes provision
to include citizen advisory board to hold police accountable.
• Benjamin Vazquez, supports proposal, asked for a more democratic
process.
• Roberto Herrera, supports Mr. Vasquez's comments.
• David Carbajal, support police accountability in relation to sanctuary city.
• Johnathan Hernandez, Santa Ana Unidos leader, demand that ICE contract
be allowed to expire.
• Albert Castillo, opined that abuses reported; need to clean ordinance;
request matter be tabled to next City Council meeting to allow all members to
participate in decision making.
• Ilya Tseglia, supports establishment of review committee; need for
accountability.
• Robert Tseglia, supports proposal; important to investigate violations.
Council discussion ensued.
CITY COUNCIL MINUTES 15 MARCH 7, 2017
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Mayor Pro Tern Martinez, indicated that millions of dollars expended on police
related lawsuits; request City Attorney work with Police Department in
presenting best practices for consideration; need facts and fiscal impacts to
make good decisions.
Councilmember Tinajero, suggested item be tabled until full council at the dais.
Councilmember Villegas, noted that training and leadership need to be
revieiwed in context of analysis; various layers of review already exist;
suggested Public Safety Council Committee consider matter.
Mayor Pro Tern Martinez, noted that other comparable cities have review board.
Councilmeber Benavides, need levels of accountability; commitment already in
Sanctuary City ordinance to establish a citizen advisory board; avoid duplication.
Councilmember Villegas, requested clarification on proposal in comparison to
requirements of Sanctuary City.
Councilmember Tinajero, suggested continuance.
Councilmember Solorio, stated that City of Anaheim includes open data; would
like to review excessive force policy and body cameras as part of Public Safety
Council Committee.
Mayor Pulido, need to consider scope and authority of proposal; need to change
behavior by reviewing best practices.
City Attorney Carvalho, noted that she was not aware of any case during her
tenure in which the District Attorney has reviewed and found that excessive
force was unjustified.
MOTION: Continue consideration of matter to the March 21, 2017 City
Council Meeting.
MOTION: Martinez
VOTE: AYES:
NOES
ABSTAIN
SECOND: Tinajero
Benavidez, Martinez, Tinajero(3)
Pulido, Solorio, Villegas (3)
None (0)
ABSENT: Sarmiento(1)
*Motion failed. Mayor Pro Tern Martinez requested item 85A to be re- agendized
on next City Council Agenda.
CITY COUNCIL MINUTES 16 MARCH 7, 2017
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85B. DISCUSSION AND POSSIBLE ACTION(S) AS THEY RELATE TO THE CITY'S
CONTRACT WITH IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) —
Councilmember Solorio
The following spoke in support of proposal:
• Mike Lopez, President of Santa Ana SEUI, Local 721, supports City's
designation of Sanctuary City; sensitive to funds lost due to termination of
contract and impacts to the community.
The following spoke in opposition to matter:
• Faby Jacome, Deportation Defense Organizer with Immigrants United, noted
that many organizations willing to assist detainees, request City consider
advocating for release of inmates.
• Hairo Cortes, of Orange County Immigrant Youth United, urged that ICE
contract expire and assist with release of inmates.
• Jorge Gutierrez, representing UndocuQueer, request support for detainees
and closure of jail.
• Jennicet Gutierrez, LGBT Immigration Activist, supports closure of ICE
contract; supports transgender population.
• Carlos Perea, opposed to profiting from ICE contract.
• David Carbajal, reiterated comments expressed earlier.
• Edna Monrroy, important to implement Sanctuary City policy.
• Ruben Barreto, supports termination of contract; need to protect residents.
• Roberto Herrera, rejects expansion of ICE contract.
• Sandra Ortega, CLUE organizer, need to move forward and not backwards;
opposed to proposal.
• Karen Hernandez, supports release of detainees and terminate contract.
• Stefany Urrea, Orange County Immigrant Youth United, opposed to
extension of contract.
• Alexis Teodoro, member of RAIZ, supports cancellation of contract;
concerned about safety of transgender detainees; supports decriminalization
of transgender population's lifestyle.
• Jeff Letourneau, opined that it is immoral to continue with detention facility
and profit from residents.
• Benjamin Vasquez, opposed to proposal; City should not profit from
undocumented and most vulnerable in our community.
• Luis Ramirez, detainees are often refugees and also members of our
transgender community.
• Luis Gomez, representative of LGBT Center in Santa Ana, urged the city
Council to allow contract to expire; opined that Sanctuary City already
includes provisions.
• Laura Kanter, Director of Policy at LGBT Center of OC, opposed to
continuing contract with ICE; need to continue to be a model city; do not
make decisions based on budget consequences.
• Naui Hutzilopochtli, opined that indigenous people should not be targeted.
• Erik Garcia - Kuelas, opposed to entering into contracts that profit at the
hands of our community.
CITY COUNCIL MINUTES 17 MARCH 7, 2017
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• Ivan Enriquez, opposed to continuing with contract; avoid being a target for
Trump administration.
• Angela Pereira, spoke as a member of the transgender community,
concerned with the treatment of inmates.
• Ximena Alvarado, former detainee, opposed to extending contract with ICE.
Council discussion ensued
Councilmember Solorio, motion to direct staff to negotiate a contract with ICE
consistent with the terms of the 2016 contract; staff to meet with the Santa Ana
Police Officers Association and Service Employees International Union Local
721 to negotiate reductions or increases in staffing to adjust to the scope of the
ICE contract, and restart discussions with other federal and state agencies to
pursue use of jail space that isn't being used for ICE.
Continued to state that detention in Santa Ana will better serve the residents by
having detainees closer to home and not transferred out of state or area; allow
legal representatives to be in close proximity, also, City budget not impacted,
and will continue to support comprehensive immigration reform.
MOTION: DIRECT STAFF TO NEGOTIATE A CONTRACT WITH
IMMIGRATION AND CUSTOM ENFORCEMENT (ICE) CONSISTENT WITH
THE TERMS OF THE 2016 CONTRACT; STAFF TO MEET WITH THE SANTA
ANA POLICE OFFICERS ASSOCIATION AND SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721 TO NEGOTIATE REDUCTIONS OR
INCREASES IN STAFFING TO ADJUST TO THE SCOPE OF THE ICE
CONTRACT, AND RESTART DISCUSSIONS WITH OTHER FEDERAL AND
STATE AGENCIES TO PURSUE USE OF JAIL SPACE THAT ISN'T BEING
USED FOR ICE.
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Motion failed.
SECOND: Pulido
Pulido, Solorio, Villegas (3)
Benavidez, Martinez, Tinajero (3)
None (0)
Sarmiento (1)
RECESSED THE CITY COUNCIL MEETING AT 9:59 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 10:00 P.M. WITH SAME
MEMBERS PRESENT
*Mayor Pro Tern Martinez left the meeting at 10:01 p.m. and did not return.
CITY COUNCIL MINUTES 18 MARCH 7, 2017
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COMMENTS
PUBLIC COMMENTS
• Ilya Tseglia, urged City Council to assist with releasing son from Ward of the State.
• Robert Tseglia, spoke on illegal confinement of his brother.
• Vik Chaubey, noted that it was important to receive information on Warner Widening
Project and other projects.
90A. CITY MANAGER'S COMMENTS - None
90B. CITY COUNCILMEMBER COMMENTS - None
ADJOURNED - 10:07 p.m. - The next meeting of the City Council is scheduled for
Tuesday, March 21, 2017 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting at 5:45 p.m.
in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Drone Regulations
CITY COUNCIL MINUTES 19 MARCH 7, 2017
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