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HomeMy WebLinkAbout2017-09-05 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 05, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor P. DAVID BENAVIDES VICENTE SARMIENTO (5:20 P.M.) JOSE SOLORIO SAL TINAJERO (5:17 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: MICHELE MARTINEZ, Mayor Pro Tem STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. PUBLIC EMPLOYEE — APPOINTMENT pursuant to Government Code Section 54957(b)(1). Title: City Manager CITY COUNCIL MINUTES 1 SEPTEMBER 5, 2017 2. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. The Orange County Catholic Worker, et al. v CitV of Santa Ana United States District Court for the Central District of CA (S.D.), Case No.: 8:17-cv- 01340 2. Maria Gomez et al v. City of Santa Ana United States District Court, Southern Division Case No, SA CV 06-245 DOC (RNBx) *Mayor Pulido abstained on Agenda Item 2.2 out of an abundance of caution as he's had alleged conflicts. 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT - See Item 19A for any reportable actions. THE CLOSED SESSION MEETING WAS ADJOURNED TO SEPTEMBER 18, 2017 AT 9:30 A.M AND MEET AT SANTA ANA CITY HALL, 8TH FLOOR, ROOM 831, 20 CIVIC CENTER PLAZA, SANTA ANA, CA; SAME MEMBERS CONVENED TO THE REGULAR OPEN MEETING AT 6:12 P.M. CITY COUNCIL MINUTES 2 SEPTEMBER 5, 2017 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:15 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: MICHELE MARTINEZ, Mayor Pro Tem STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO BOB BARNETT. POLICE CHAPLAIN PROCLAMATION presented by MAYOR PULIDO recognizing September as World Alzheimer's Awareness Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Raquel Kelly Gabriel Ribera, a distinguished visitor from Toledo, Spain, for her Outstanding Contributions to the Social Welfare, Environment, Health and Employment within the Hispanic/Latino Community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the TKO Boxing Club for their outstanding contributions to the community. CITY COUNCIL MINUTES 3 SEPTEMBER 5, 2017 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Kevin Nguyen for his outstanding academic achievement and obtaining a perfect score on the ACT test. UPDATE by Orange County Fire Authority Battalion Chief Randy Black of relief efforts by the Urban Search and Rescue Team who were deployed to Hurricane Harvey. INTRODUCTION of Interim Community Development Agency Executive Director Robert Zur Schmiede CLOSED SESSION REPORT — City Attorney Carvalho reported that Public Employee Appointment item has been Adjourned to September 18, 2017 at 9:30 a.m. to the 8th floor of City Hall; there were no other reportable actions, but noted for the record that Mayor Pulido abstained on Agenda Item 2.2 (Maria Gomez et al) out of an abundance of caution as he's had alleged conflicts. PUBLIC COMMENTS (Consent Calendar Items) • Peter Katz, spoke on Agenda Item 25E, expressed support for SEIU members and for fair labor negotiations. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 1 O through 29A, with the following modifications: • Councilmember Sarmiento, pulled Agenda Items 19F for separate action and dissented on Agenda Item 19C; • Councilmember Benavides, pulled Agenda Item 23D for separate action; and • Councilmember Solorio, abstained on Agenda Item 25C due to campaign contribution. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) CITY COUNCIL MINUTES 4 SEPTEMBER 5, 2017 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 AUGUST 15, 2017 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. RECEIVE AND FILE BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JANUARY THROUGH JUNE 2017 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council MOTION: Receive and file. 13B. APPOINT ANDRES MATZKIN TO THE PERSONNEL BOARD FOR A PARTIAL -TERM EXPIRING DECEMBER 11, 2018 AS THE MAYORAL REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Andres Matzkin to the Personnel Board as the Mayoral representative (replaces E. Andres). 13C. APPOINT CELESTE DURAN TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 3 REGULAR REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Celeste Duran to the Youth Commission as a Regular Member representing Ward 3 (replaces J. Barron). 13D. APPOINT JOSEPH ACEVEDO TO THE YOUTH COMMISSION AS AN ALTERNATE MEMBER FOR A FULL-TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 5 ALTERNATE REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 5 SEPTEMBER 5, 2017 MOTION: Appoint Joseph Acevedo to the Youth Commission as an Alternate Member representing Ward 5 (replaces J. Carrillo). 13E. APPOINT COUNCILMEMBER SARMIENTO TO THE TRANSPORTATION CORRIDOR AGENCY (TCA) (STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Councilmember Sarmiento to the the Transportation Corridor Agency as the City of Santa Ana's alternate representative and serve at the pleasure of the City Council. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of May Pro Tem Martinez from the September 5, 2017 City Council Meeting. 19C. DESTRUCTION OF OBSOLETE CITY RECORDS - (STRATEGIC PLAN NO. 5, 1) -Police Department MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. "Councilmember Sarmiento dissented on Agenda Item 19C. 19D. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM (CIP) EXECUTIVE REPORT FOR AUGUST 2017 (STRATEGIC PLAN NO. 5, 1) — Public Works Agency The CIP Executive Summary Schedule is available on the City's website at: http://www.ci.santa- a na. ca. us/pwa/documents/EXecutiveMonth IVCI P U pdateAug ust201 7 MOTION: Receive and file. CITY COUNCIL MINUTES 6 SEPTEMBER 5, 2017 19E. AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED IN THE CITY OF SANTA ANA FOR NUISANCE CONDITIONS RESULTING FROM THE OPERATION OF ILLEGAL MARIJUANA DISPENSARIES {STRATEGIC PLAN NO. 3, 3) — City Attorney's Office MOTION: Authorize the filing and prosecution of receivership actions against the owners of the following properties based on nuisance conditions resulting from operating illegal marijuana dispensaries for an amount not to exceed $200,000: 1. Herbology 35 Cap, 4728 W. 1St 2. 20 Cap Collective, 1139 W. 17th 3. Elevated Dreams Collective, 413 W. 17th and Sky High Holistic, 419 W. 17th 4. LOL, 2350 N. Grand Ave. and Wax on Wax-W.O.W., 2550 N. Grand Ave. 19F. AUTHORIZATION TO FILE AND PROSECUTE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED IN THE CITY OF SANTA ANA FOR GENERAL" CODEENFORCEMENT VIOLATIONS {STRATEGIC PLAN NO. 3,; 31 - City Attorney's Office Councilmember Sarmiento, asked how said properties selected to prosecute receiverships. City Attorney Carvalho, noted that Code Enforcement Division consulted; funding availability and ease of case were variables used to establish list. MOTION: Authorize the filing and prosecution of receivership actions against the owners of the following properties based on nuisance conditions resulting from health and safety violations of the City's Municipal Code for an amount not to exceed $90,000: 1. 533 E. Washington 2. 1020 S. Hickory 3. 3604 W. Hazard 4. 1244 S. Parton 5. 1029 W. 2nd MOTION: Sarmiento VOTE: AYES NOES: SECOND: Benavides Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) CITY COUNCIL MINUTES 7 SEPTEMBER 5, 2017 ABSTAIN: ABSENT: None (0) Martinez (1) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE AN AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT (STEP) PROGRAM GRANT FUNDS AND APPROPRIATION ADJUSTMENT TO REDUCE AUTO FATALITIES AND INJURIES THROUGH EDUCATION AND ENFORCEMENT {STRATEGIC PLAN NO. 1,3B) - Police Department MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a one- year Grant Agreement No. PT18133 with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2017 through September 30, 2018, in an amount not to exceed $455,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-236). 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018 — 020 - Recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $455,000 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. 20B. APPROVE AN APPROPRIATION ADJUSTMENT AND AMENDMENT TO THE FISCAL YEAR 2017/18 CAPITAL IMPROVEMENT PROGRAM TO UPDATE SENATE BILL NO. 1 (EUCLID STREET AND WESTMINSTER AVENUE ROAD REHABILITATION; AND FLOWER STREET AND MACARTHUR BLVD. PREVENTATIVE MAINTENANCE/SLURRY) AND AREA F FUNDING (BRISTOL STREET AND MEMORY LANE INTERSECTION WIDENING) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: 1. Approve an amendment to the Fiscal Year 2017/18 Capital Improvement Program to reduce the Road Maintenance and Rehabilitation Account CITY COUNCIL MINUTES 8 SEPTEMBER 5, 2017 allocation and incorporate the Senate Bill No. 1 Road Repair and Accountability Act project list. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-021 - Decreasing the Road Maintenance and Rehabilitation Account allocation by $39,993 in the corresponding revenue and expenditure accounts to match California Department of Finance revised estimates. 3. Approve an amendment to the Fiscal Year 2017/18 Capital Improvement Program to add $40,000 in Transportation System Improvement Area F funds to the Bristol Street and Memory Lane Intersection Widening Project (No. 17-6883). 4. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018 021 Recognizing $40,000 from prior year fund balance in the Transportation System Improvement Area F revenue account, and appropriating the same amount into the Transportation System Improvement Area F expenditure account for the Bristol Street and Memory Lane Intersection Widening Project (No. 17-6883). PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT FOR 17TH STREET WATER MAIN IMPROVEMENTS - PHASE 2, BETWEEN BRISTOL STREET AND FLOWER STREET (PROJECT 16-6468) (STRATEGIC PLAN NO. 6, 1C) - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to AMPCO Contracting, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $1,129,000, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the 17th Street Water Main Improvements — Phase 2 Project, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,411,250, which includes the contract base amount, administration, inspection, testing, and a $112,900 contingency. 23B. AWARD CONTRACT FOR CONSTRUCTION OF ALLEY IMPROVEMENTS IN THE EASTSIDE NEIGHBORHOOD AND AUTHORIZE THE REALLOCATION OF UNSPENT FUNDS OF PRIOR COMPLETED PROJECTS (PROJECT NOS. CITY COUNCIL MINUTES 9 SEPTEMBER 5, 2017 17-6891, 16-6865, AND 15-6842) {STRATEGIC PLAN NO. 6, 1B & 1G) - Public Works Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Harry H. Joh Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $377,621.30, for the term beginning upon execution of the contract and ending upon project completion, for construction of the FY 2014-15, 2015-16, and 2016-17 Alley Improvement Program 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 project delivery cost of $472,028, which includes the contract base bid, administration, inspection, testing, and a $56,644 contingency. 3. Authorize the reallocation of $45,307 in unspent FY 2013-14 Gas Tax Funds and $114,162 in unspent FY 2014.15 Measure M2 Local Fairshare Funds from various completed projects to the Alley Improvement Program projects for FY 2014-15 (Project No. 15-6842, $77,097), FY 2015-16 (Project No. 16-6865, $24,830), and FY 2016-17 (Project No. 17- 6891, $57,542). 23C. AWARD CONTRACT FOR CONSTRUCTION OF THORNTON PARK SECURITY LIGHTING (PROJECT 16-2655) {STRATEGIC PLAN NO. 6, 1B & 1G) - Public Works Agency; and Parks, Recreation and Community Services Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $94,500, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Thornton Park Security Lighting Project, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $127,575, which includes the contract base bid, administration, inspection, testing, and an $18,900 contingency. 23D. AWARD CONTRACT FOR CONSTRUCTION OF DOWNTOWN PARKING FACILITY IMPROVEMENTS LOCATED AT 310 NORTH BIRCH STREET CITY COUNCIL MINUTES 10 SEPTEMBER 5, 2017 (3RD/BIRCH PARKING STRUCTURE), 420 NORTH MAIN STREET (5TH/MAIN PARKING STRUCTURE); 300 EAST FIFTH STREET (5TH/SPURGEON PARKINGSTRUCTURE), AND 301 NORTH BUSH STREET (3RD/BUSH PARKING' LOT) (PROJECT NOS. 16-1301, 16-1302, 16-1303, 16-1304) {STRATEGIC PLAN NOS. 6, 1 G) - Public Works Agency Councilmember Benavides, noted that project will modernize structures throughout the Downtown; requested timeline to completion. Public Works Executive Director Fred Mousavipour, indicated that project expected to be completed in 6-9 months. MOTION: 1. Reject all bids received on March 30, 2017, for construction of the Downtown Parking Facility Improvements project, due to changes in the scope of work. 2. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to USS Cal Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,809,485, for the term beginning upon execution of the contract and ending upon project completion, for the Downtown Parking Facility Improvements project, subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,275,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $345,515. MOTION: Benavides VOTE: AYES NOES: ABSTAIN: ABSENT: AGREEMENTS SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) 25A. APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR INSTALLATION OF FLAGS IN DOWNTOWN TO PERMIT PREPAYMENT AND ASSOCIATED CITY COUNCIL MINUTES 11 SEPTEMBER 5, 2017 DISCOUNT {STRATEGIC PLAN NO. 3, 4A) {STRATEGIC PLAN NO. 3, 4A) - Community Development Agency MOTION: Approve an Amendment to the agreement with Exterior Products for installation of American flags in Downtown. (AGMT. No. 2017-237). 25B. APPROVE AN AMENDMENT TO AGREEMENT FOR KIOSK WARRANTY AND SOFTWARE SUPPORT SERVICES {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with C.E. Dean Enterprises, Inc. DBA as LD Systems for hardware warranty and software support services pertaining to the City's Payment Kiosk for the period beginning September 1, 2017 through December 31, 2020, for an amount not to exceed $77,675, which includes a $25,000 contingency; along with a provision for a six-month extension (January 1, 2021 to June 30, 2021) exercisable by the City Manager and the City Attorney, in an amount not to exceed $3,550 subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2017-238). 25C. APPROVE FIRST AMENDED AGREEMENT FOR EMERGENCY TRANSPORTATION SERVICES (AMBULANCE SERVICES) {STRATEGIC PLAN NO. 1, 5) - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an extension with CARE Ambulance Services, Inc. for the period beginning September 20, 2017 through June 30, 2018 for an amount not to exceed $2,725,000, with a provision for a six-month extension (July 1, 2018 to December 31, 2018) exercisable by the City Manager and the City Attorney, in an amount not to exceed $ 1,752,000 subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-239). *Councilmember Solorio abstained on Agenda Item 25C due to a campaign contribution. 25D. APPROVE AN AGREEMENT FOR POLICE DEPARTMENT JANITORIAL SERVICES {STRATEGIC PLAN NO. 1, 3) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with Santa Fe Building Maintenance for the period of October 1, 2017 through September 30, 2020, in an amount not to exceed $1,637,289.84, which includes a $15,000 contingency, subject to non - CITY COUNCIL MINUTES 12 SEPTEMBER 5, 2017 substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-240). 25E. RECEIVE AND FILE EMPLOYEE HEALTH INSURANCE RATE RENEWALS FOR CALENDAR YEAR 2018 AND EMPLOYEE DENTAL, LIFE AND LONG- TERM DISABILITY, AND VISION INSURANCE FOR CALENDAR YEARS 2018- 2019; APPROVE AN AGREEMENT FOR EMPLOYEE ASSISTANCE PLAN SERVICES AND FOR MANAGEMENT OF FLEX SPENDING ACCOUNTS AND RETIREE DENTAL BILLING SERVICES; AND, RECEIVE AND FILE CONTINUED AGREEMENT WITH ICMA-RC VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN {STRATEGIC PLAN NO. 7, 61 - Personnel Services Agency MOTION; 1. Receive and file rates for employee health insurance through CalPERS for calendar year 2018. 2. Receive and file rates for employee dental insurance with Delta Dental and MetLife, employee life and long-term disability insurance coverage through Aetna and employee vision insurance through EyeMed for the calendar years 2018 and 2019. 3. Authorize the City Manager and Clerk of Council to execute an agreement with REACH to provide employee assistance plan services from January 1, 2018 to December 31, 2020 at a monthly cost of $1.85 per full time employee and $1.25 per part-time employee, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-241). 4. Authorize the City Manager and Clerk of the Council to execute an agreement with TASC to provide employee flexible spending accounts, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-242). 5. Authorize the City Manager and Clerk of the Council to execute an agreement with TASC to provide Retiree Dental Billing services, effective April 1, 2017 subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2017-243). 6. Receive and file continued agreement with ICMA-RC as the Plan Administrator of the VantageCare Retiree Health Savings Plan through December 31, 2018. MISCELLANEOUS - BUDGET CITY COUNCIL MINUTES 13 SEPTEMBER 5, 2017 29A. DONATION AGREEMENT WITH ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5,4) — City Council MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to non -substantive changes approved by the City Manager and the City Attorney, as follows: 1. Heritage Museum of Orange County to support the Halloween Spooktacular, a free community event in celebration of Dia de Los Muertos, in the amount of $500 (Mayor Pulido); 2. Heritage Museum of Orange County to support the Halloween Spooktacular, a free community event in celebration of Dia de Los Muertos, in the amount of $500 (Councilmember Tinajero). **END OF CONSENT CALENDAR** CLERK OF THE COUNCIL ADMINISTERED OATHS OF OFFICE TO THE NEWLY APPOINTED COMMISSIONERS: ANDRES MATZKIN AND JOSEPH ACEVEDO. BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 75A. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2016-03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Consideration of matter continued from the April 18, 2017 City Council meeting by a vote of 5-0 (Sarmiento and Tinajero absent). Legal Notice published in the Orange County Reporter August 25, 2017. Mayor Pulido opened the Hearing. Ricardo Garibay, expressed strong support for ordinance. Mayor Pulido closed the Hearing. Councilmember Benavides, asked if aesthetic requirements could be reviewed when approving/renewing conditional use permits for wireless facilities. Interim Executive Director of Planning and Building Agency, Candida Neal, noted that conditional use permits are evaluated; code enforcement handles noncompliance cases. CITY COUNCIL MINUTES 14 SEPTEMBER 5, 2017 Councilmember Sarmiento, thanked Interim City Manager for efforts to bring this matter forward; need to have expedited review process to generate revenue; proposed changes are consistent with those of surrounding cities. Interim City Manager, noted that staffing needs both for inspections and plan check review currently being assessed, consultants handling back -log. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2923 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE INCLUDING SECTION 41-198.13 (WIRELESS FACILITIES), SECTION 41-246 (R-2/TWO-FAMILY RESIDENCE), SECTION 41-593.4 AND 41-593.5 (SPECIFIC DEVELOPMENT/SD SITE PLAN REVIEW), SECTION 41-638.1 (MINOR EXCEPTION), SECTION 41-639 (PLANNING COMMISSION TO MAKE FINDINGS OF FACT), SECTION 41-642 (REVIEW OF DECISION OF PLANNING COMMISSION BY CITY COUNCIL; HEARING), SECTION 41-645 (APPEALS FROM DECISIONS OF PLANNING COMMISSION AND/OR ZONING ADMINISTRATOR -GENERALLY), SECTIONS 41-668 AND 41-669 (DEVELOPMENT PROJECT APPROVAL), AND SECTIONS 41-1309, 41-1309.1, 41-1346, 41-1375 AND 41-1411 (VARIOUS PARKING STANDARDS) MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) PUBLIC COMMENTS (Considered Out of Order) • Wayne Bakker, thanked the City Council for service to the community, commented on efforts by members of SEIU and urged consideration for 1/2% of general fund for salary increases. • Milly C. Lugo -Rios, library staff member, expressed support for fellow SEIU members. • Katia Canlas, Orange County Labor Federation Labor Communications Coordinator, noted that as a former City employee highly values the work and efforts of City employees — should be justly compensated. CITY COUNCIL MINUTES 15 SEPTEMBER 5, 2017 • Gloria Alvarado, proud resident and supporter of SEIU employees; important to acknowledge contribution of all staff members. • Gilbert Davila, commented on varying services provided by members of SEIU; hard work and dedication should be equitably compensated. • Yvette Portugal, resident of the City; spoke in support of filling jail until reuse plan adopted. • Nick Koleu PHD, P.E., spoke of claim filed on a white collar crime regarding unethical behavior at the Child Support Services; police department should process complaint. • La She Rodriguez, representing environmental non-profit organization, spoke against off shore coast drilling. PUBLIC HEARINGS (Continued) 75B. PUBLIC HEARING - ADOPT AN ORDINANCE FOR THE REGISTRATION OF ABANDONED AND DEFAULTED RESIDENTIAL/COMMERCIAL PROPERTY AND ADOPT A RESOLUTION TO ADD THE $480 FEE FOR SERVICES IN THE FISCAL YEAR 2017/18 MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN NO. 5, 4) - Planning and Building Agency Legal Notice published in the Orange County Reporter August 25, 2017 and September 1, 2017. MOTION: Continue consideration of matter to the September 19, 2017 Council Meeting per staff's request. MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) *Mayor Pulido, abstained on Agenda Item 75C out of an abundance of caution and did not participate in the calibration of said mater. By unanimous consent, Councimember Benavides was elected presiding Chair. 75C. PUBLIC HEARING - ADOPT AN ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES AND DIRECT STAFF TO DEVELOP AN ELECTRICAL POWER OPTIONS PROGRAM FOR MOBILE VENDORS {STRATEGIC PLAN NO 5, 4) - Planning and Building Agency CITY COUNCIL MINUTES 16 SEPTEMBER 5, 2017 Legal Notice published in the Orange County Reporter on August 25, 2017; in the Orange County Register on August 26, 2017; in La Opinion on August 29, 2017; and notices mailed on August 27, 2017. Acting Chair Benavides, opened the Hearing. • Richard Garcia, spoke on behalf of businesses in the City; need regulations to address protect the brick and mortar businesses. Acting Chair Benavides, closed the Hearing. Councilmember Tinajero, inquired as measuring method (specifically for schools) — is it 250 feet from point of entrance?; schools have varying front entrances with limited access; overall City moving in right direction; proposed friendly amendment to motion to direct staff to return in 60 days to explore green stripping areas where the vending trucks would be assessed an extra business license fee and if plug into City owned electric outlet may also assess extra fee. Motion seconded by Councilmember Sarmiento Code Enforcement Manager Alvaro Nunez, noted that policy being developed in collaboration with City Attorney's office; safety factor and property line are some of the topics being considered. City Attorney Carvalho, noted that some vendors were considered about measuring distance from the back of the school; staff focused on accessibility to children and also number of exits available at each location; intent of ordinance is to measure from ingress and egress; initial ordinance was 500 from school property boundaries, but has since been modified; compromise would be that each school assessed. Interim City Manager Kurtz, indicated that purchase of Edison owned street lights issue being considered by the Public Utility Commission; City to return on that matter in 90 days. Councilmember Sarmiento, thanked staff for crafting recommendations and working with community in finding solutions; City could use mobile vending as an asset. Councilmember Villegas, asked if proposed ordinance require vendors to have trash cans and what if any parking limits apply; commented that chief complaint is extended parking. Code Enforcement Nunez, noted parking limits need to correlate to public safety findings. Councilmember Solorio, asked if private streets or those with CC&R would apply; thanked all involved in brining ordinance forward; new food association CITY COUNCIL MINUTES 17 SEPTEMBER 5, 2017 formed to represent interest — Santa Ana Food on Wheels Association; proposed an additional friendly amendment to include a pilot program for a food truck island. City Attorney Carvalho, noted that provisions only apply to public streets; thanked vendors. FRIENDLY AMENDMENT TO MOTION: Direct staff to return in 60 days with Update - areas to consider include green striping areas to use for extra fee, update on purchase of electric poles (from So. California Edison) for possible use of outlets by vendors for added fee and also review use of remnant property to use as pilot program for food truck islands; and 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2924 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE 2. Direct staff to return with a program to provide mobile vendors electrical power options upon purchase of street lights. MOTION: Tinajero VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: *Mayor Pulido resumed Chair position. SECOND: Sarmiento Benavides, Sarmiento, Solorio, Tinajero, Villegas (5) None (0) Pulido (1) Martinez (1) RECESSSED CITY COUNCIL MEETING AT 7:44 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 7:45 P.M. COMMENTS CITY COUNCIL MINUTES 18 SEPTEMBER 5, 2017 90A. CITY MANAGER'S COMMENTS • Interim City Manager Kurtz, invited all to attend upcoming Fiestas Patrias and Savor Santa Ana. PUBLIC COMMENTS (Considered Out of Order) • Rick Niedermayer, requested consideration of funds to improve the condition of the Dan Young Soccer Field instead of funding a new soccer complex. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio: • Commented on hot and dry summer that have impacted City owned trees along the medians — process through the State board to receive a waiver on conservation mandates; need long term strategy. Councilmember Villegas: • Thanked Orange County Fire Authority Battalion Chief Black for update; strike team also deployed to nearby California fires. Councilmember Benavides: • Echoed comments on taking care of urban forest; water drip and other methods should be studied; important to preserve our trees; • Tonight celebrated diversity of City by recognizing student's academic achievement, should celebrate immigrant community; City has been leader to support Dream Act; noted that future of many members of community threated by current administration requested Council Agenda Item (85A) at the next City Council Meeting to condemn current action and urge congress to act swiftly to reaffirm Dream Act. Councilmember Sarmiento: • Thanked staff for efforts; • Echoed comments by Councilmember Benavides on DACA and Dream Act; noted that approximately 400-600 residents currently gathered to oppose President Trump's Executive Order that will also ban transgender individuals from serving in the military and Muslim travel; supports Councilmember Benavides's request to agendize matter; need immigration reform and support our community; Councilmember Tinajero: • Denounced Executive Order by US President Trump to eliminate DACA; many DACA members have proudly served our country and contributing members of our community; asked all organizations including POA and SEIU to join efforts to support non -criminal DACA members. CITY COUNCIL MINUTES 19 SEPTEMBER 5, 2017 Mayor Pulido Meeting Adjourned to a Closed Session on September 18, 2017 at 9:30 p.m. PUBLIC COMMENTS (Considered Out of Order) • Alejandro Vega, provided general comments for council consideration. ADJOURNED - 8:03 P.M. The Closed Session Meeting was Adjourned to September 18, 2017 at 9:30 a.m. and will convene at Santa Ana City Hall, P Floor, Room 831, 20 Civic Center Plaza, Santa Ana, CA. The next regular meeting of the City Council is scheduled for Tuesday, September 19, 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 • Labor Contracts CITY COUNCIL MINUTES 20 SEPTEMBER 5, 2017