HomeMy WebLinkAbout10B - MINUTES 10-3-17MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
OCTOBER 3, 2017
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:08 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO (5:10 P.M.)
SAL TINAJERO (5:15 P.M.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
None
STAFF Present:
CYNTHIA J. KURTZ, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:08 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:
PUBLIC EMPLOYEE — APPOINTMENT pursuant to Government Code Section
54957(b)(1).
Title: City Manager
CITY COUNCIL MINUTES 1 U BI l OCTOBER 3, 2017
2. CONFERENCE WITH
Section 54957.6(a):
Agency Negotiators:
LABOR NEGOTIATOR pursuant to Government Code
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.
ADJOURNED THE CLOSED SESSION MEETING AT 6:15 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 109-2 OCTOBER 3, 2017
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:16 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO (7:57 P.M.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
None
STAFF Present:
CYNTHIA J. KURTZ, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BOB BARNETT, POLICE CHAPLAIN
INTRUDUCTION by Acting Police Chief Valentin of HEART Program Lead, Police Officer
Cassandra Hawkins.
SPECIAL PRESENTATION AND UPDATE by the Environmental & Transportation Advisory
Committee (ETAC).
SPECIAL PRESENTATION by Chief Randy Black, Orange County Fire Authority and
PROCLAMATION presented by COUNCILMEMBER VILLEGAS in recognition of National
Preparedness Month and Fire Prevention Week.
PROCLAMATION presented by MAYOR PRO TEM MARTINEZ in recognition of National
Cyber Security Awareness Month.
PROCLAMATION presented by MAYOR PRO TEM MARTINEZ and COUNCILMEMBER
VILLEGAS in recognition of Domestic Violence Awareness Month.
CITY COUNCIL MINUTES 1 O B 33 OCTOBER 3, 2017
PROCLAMATION presented by COUNCILMEMBER SARMIENTO to Mexican Consulate in
solidarity with the people affected by the earthquake on September 7th and 19th, 2017 in
Mexico and CERTIFICATE OF RECOGNITION to Northgate Market for their relief efforts.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to The
Wooden Floor for their comprehensive campaign and campus expansion plans and
outstanding contributions to the community.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the
Orange County Auto Dealers Association Board of Directors for their economic development
value and charitable giving provided to the Santa Ana Community: Ben Bonfoey; Miles
Brandon; Jared Hardin; KC Heidler; Frank Murphy; Brad Mugg; John Oh; John Sackrison;
David Simpson, and Scott Wade.
CLOSED SESSION REPORT — There was no reportable action.
PUBLIC COMMENTS (Agendized Items) - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items: Items 10A through 29A, with the following modifications:
Mayor Pro Tem Martinez pulled Agenda Items 20B, 25A, 25B, 25D, and 25F for
separate discussion and dissented on Agenda Item 25G; and
Mayor Pulido abstained on Agenda Item 11A due to a potential conflict of interest.
MOTION:
VOTE:
removed
Solorio SECOND: Villegas
AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
or modified are
rate
CITY COUNCIL MINUTES 4 OCTOBER 3, 2017
10 B-4
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE ADJOURNED CLOSED SESSION MEETING OF
SEPTEMBER 18, 2017 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council
Office
MOTION: Approve Minutes.
10B. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 19, 2017
{STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second
reading.
IIA. ORDINANCE SECOND READING: ADOPT ORDINANCE AMENDMENT NO.
2017-02 TO AMEND CERTAIN SECTIONS OF CHAPTER 18 OF THE SANTA
ANA MUNICIPAL CODE (MEDICAL MARIJUANA COLLECTIVES/
COOPERATIVES) — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN
NOS. 5, 1} (Planning and Building Agency) — Clerk of the Council
Placed on first reading at the September 19, 2017 City Council meeting and
approved by a vote of 5-0 (Mayor Pulido abstained; and Councilmember
Tinajero absent).
Published in the Orange County Reporter on September 22, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2925 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER
18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICAL
MARIJUANA COLLECTIVES (SECTION 18-613 AND SECTION 18-617.1 OF
ARTICLE XIII OF'CHAPTER 18)
'Mayor Pulido abstained due to a potential conflict of interest.
BOARDS I COMMISSIONS / COMMITTEES
13A. RECEIVE AND FILE COUNCIL COMMITTEES — AGENDA AND MINUTES
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
CITY COUNCIL MINUTES 1 U B 55 OCTOBER 3, 2017
MOTION. Receive and file.
NAME MEETING DATE
Economic Development Infrastructure, Budget 9/11/2017 and
and Technology Committee 9/18/2017
Legislative Affairs, Ethics and Transparency Committee 9/20/2017
Public Safety, Code Enforcement and Neighborhood Committee9/12/2017
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. RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL PARCEL
MAP NO. 2015-187 BY CITY ENGINEER (2000 WEST ALTON AVENUE)
{STRATEGIC PLAN NO. 3, 21 - Public Works Agency
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None
19B. EXCUSED ABSENCES — None
19C. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS -
MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR
SEPTEMBER 2017 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office
The CIP Executive Summary Schedule is available on the City's website at
http://santa-
ana/pwa/documents/ExecutiveMonthlvCIPUpdateSeptember2017 pdf
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. AUTHORIZE COOPERATIVE COST REIMBURSEMENT AGREEMENT,
APPROVE APPROPRIATION ADJUSTMENT, AND AWARD CONTRACT FOR
CONSTRUCTION OF FAIRVIEW STREET PAVEMENT MAINTENANCE
CITY COUNCIL MINUTES 106-6 OCTOBER 3, 2017
(EDNA DRIVE TO SR -22 OFF RAMP) (PROJECT NO. 17-6881) {STRATEGIC
PLAN NO. 6, IB; 1C; 1G} - Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
Cooperative Cost Reimbursement Agreement with the City of Garden
Grove for improvements within Garden Grove jurisdiction from Edna
Drive to State Route 22 off -ramp, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2017-259).
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-026 - Recognizing $63,700 in
cost reimbursement from the City of Garden Grove into the Select Street
Construction revenue account, and appropriating the same amount to the
Select Street Construction expenditure account for the Fairview Street
Pavement Maintenance Project.
3. Award a contract and authorize the City Manager and the Clerk of the
Council to execute a construction contract with All American Asphalt,
the lowest responsible bidder, in accordance with the base bid plus
Additive Alternate Bid 1 in the amount of $1,389,297, for the term
beginning upon execution of the contract and ending upon project
completion, for construction of the Fairview Street Pavement
Maintenance project, subject to non -substantive changes approved by
the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $1,813,700, which includes the contract bid amount,
administration, inspection and testing, and an authorized contingency
of $216,009.
*Mayor Pulido abstained on Agenda Item 20B due to a campaign contribution from Senator
Palanco that is affiliated to the project and pose a potential conflict of interest; Mayor left the
dais and did not participate in the deliberation of said item. Mayor Pro Tem Martinez
assumed the Chair.
FOR BUS PASSENGER SERVICES AT THE SANTA
EGIONAL
Mayor Pro Tem Martinez, requested clarification on licensing issues in the past,
moving forward need to monitor.
Executive Director of Public Works, Fred Mousavipour, indicated that contractor
is fully licensed and meets all minimum requirements.
CITY COUNCIL MINUTES 1 O BZ7 OCTOBER 3, 2017
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a site
license agreement with International Bus Lines, Inc, to compensate the
City $3,000 per month for use of the license area, for bus passenger
services at the Santa Ana Regional Transportation Center, for the term
of one-year with four one-year extension options exercisable by the
City Manager, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2017-260).
2. Authorize the City Manager and Clerk of the Council to execute a site
lease agreement with International Bus Lines, Inc, to compensate the
City $3,178 per month for use of lease area, for ticket counter office
space for bus passenger services at the Santa Ana Regional
Transportation Center, for the term of one-year with four one-year
extension options exercisable by the City Manager, subject to non -
substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2017-261).
3. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-027 - Approve an appropriation
adjustment recognizing Fiscal Year 2017-18 lease income in the amount of
$38,890 into the SARTC Operations Rental — International Bus Lines, Inc.
Revenue Account and appropriating the same amount to the SARTC
Operations Contractual Services expenditure account.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Villegas
(5)
NOES: None (0)
ABSTAIN: Pulido (1)
ABSENT: Sarmiento, Tinajero (2)
20C. APPROVE AGREEMENT FOR THE GRANT -FUNDED FAIRVIEW STREET
BRIDGE (PROJECT NO. 15-6827) AND APPROVE APPROPRIATION
ADJUSTMENT TO AMEND THE FISCAL YEAR 2014/2015 CAPITAL
IMPROVEMENT PROGRAM (CIP) (NON -GENERAL FUND) {STRATEGIC
PLAN NO. 6, 1 G} - Public Works Agency
MOTION:
CITY COUNCIL MINUTES 106-8
O6_Q OCTOBER 3, 2017
1. Authorize the City Manager and Clerk of the Council to execute an
agreement with WKE, Inc., to provide design engineering consulting for
the Fairview Street and Bridge Replacement project, for a three-year
term beginning October 3, 2017, and expiring on October 2, 2020, with
the option for one additional two year renewal, for a total compensation
not to exceed $1,566,569, which includes a ten percent design
contingency in the amount of $142,415, subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2017-262).
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-029 - Amend the Fiscal Year
2014/2015 Capital Improvement Program by approving an appropriation
adjustment rescinding a portion of the National Highway Performance
Program funding appropriation in the amount of $476,323.20 for the Fairview
Street Bridge project.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 17-104 - APPROVE A CONTRACT AMENDMENT FOR HVAC
RELATED ELECTRONIC SYSTEM COMPONENT AT THE POLICE
DEPARTMENT ADMINISTRATION AND JAIL FACILITIES {STRATEGIC PLAN
NO. 6, 2A} (Police Department) - Finance and Management Services
MOTION: Amend the contract with Klug Automation by $25,000 for an
increased contract amount not to exceed $50,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
22B. SPEC. NO. 17-095 - APPROVE A BLANKET PURCHASE ORDER CONTRACT
AWARD FOR PORTABLE RESTROOM AND HAND WASH STATION
RENTALS IN THE CIVIC CENTER AREA {STATEGIC PLAN NO. 5, 4} (Parks,
Recreation and Community Services Agency) - Finance and Management
Services
MOTION: Award a blanket purchase order contract to 3 Stars Site
Services, LLC for a two-year period expiring September 30, 2019, with
provisions for a one-year renewal in an annual amount of $27,000 plus a
contingency of $3,000 for a total amount not to exceed $30,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT FOR CONSTRUCTION OF EDINGER AVENUE AND
WILLITS/SULLIVAN LANDSCAPE IMPROVEMENTS (PROJECT NOS. 16-
7521, 16-7522) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency
CITY COUNCIL MINUTES 1 O B 99 OCTOBER 3, 2017
MOTION:
1. Reject all bids received on June 7, 2017, for construction of the Edinger
Avenue and Willits/Sullivan Landscape Improvements project due to
required Federal Funding documents that were not included in the
submitted bid packages.
2. Award a contract to Aramexx Construction, the lowest responsible
bidder of the bids received on August 7, 2017, in accordance with the
base bid in the amount of $64,950, for the term beginning upon
execution of the contract and ending upon project completion, for the
Edinger Avenue and Willits/Sullivan Landscape Improvements project,
and authorize the City Manager and Clerk of the Council to execute the
contract 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 $109,178, which includes the contract bid amount,
administration, inspection and testing, and an authorized contingency
of $34,485.
AGREEMENTS
AND CHARGES COMPLIANCE ASS
Mayor Pro Tem Martinez, asked that assessment period be condensed, if
possible.
Interim City Manager Kurtz, indicated that six months needed since additional
elements added and included in staff report; recommendations, if needed, will
be brought to City Council for consideration as various components are
reviewed.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with NBS Government Finance Group, Inc., to
conduct a comprehensive study of enterprise funds to identity full cost
recovery of fees and charges and to complete a Proposition 218 fees and
charges compliance assessment for an amount not to exceed $111,970
which is comprised of the sum of $92,560 and a contingency of up to
$19,410 inclusive of a detailed analysis of funding sources specific to the
Federal Clean Water Protection Enterprise evaluation, for a six-month
period beginning October 3, 2017 through April 3, 2018, subject to non -
substantive changes approved by the City Manager and City Attorney.
(AGMT. No. 2017-263).
CITY COUNCIL MINUTES 106-10 OCTOBER 3, 2017
MOTION: Martinez SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
ER FOR EMPLOYMENT AND VOCATIONAL TRAINING
TED AT 801 W. CIVIC CENTER DRIVE - WORK CENTER.(
Nn 9 AA1 - cnmmiinity npvelonment Aaencv
Mayor Pro Tem Martinez, requested clarification contract and services to be
provided at new site.
Deputy City Manager Robert Cortez, noted that contract amount is for five year
lease; various member agencies comprise the One -Stop Center.
MOTION: Authorize the City Manager and Clerk of the Council to execute
a lease agreement with CF Santa Ana, LLC for 19,321 square feet of office
space located at 801 W. Civic Center Drive, for sixty (60) months
commencing upon completion of tenant improvements on or around April
1, 2018 to March 31, 2023 for a total amount not to exceed $2,708,054.28,
subject to any non -substantive modifications authorized by the City
Manager and City Attorney (AGMT. No. 2017-264).
MOTION: Martinez SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
25C. APPROVAL OF QUALIFIED CONSULTANTS TO PROVIDE
ENVIRONMENTAL SERVICES ON AN AS -NEEDED BASIS TO BE FUNDED
BY DEVELOPER {STRATEGIC PLAN NO. 3, 3} - Planning and Building
Agency
CITY COUNCIL MINUTES 1 O B-11 OCTOBER 3, 2017
MOTION. Authorize the City Manager and Clerk of the Council to execute
agreements, as provided in the attached template, approved to form by the
City Attorney's Office, with no substantive changes, to engage each of the
31 environmental firms listed below to provide on-call environmental
services and related technical studies for the Planning & Building Agency
at the fees set forth in their responses to Request for Qualifications No.
17-043. Any environmental firm not included as part of the list below will
not be subject to approval by this specific authorization by the City
Council. The pre -qualified list is valid for a period of three years, subject
to non -substantive changes approved by the City Manager and City
Attorney. (AGMT. No. 2017-265).
I. AECOM Technical Services, Inc.
2. Annealta Group
3. Architectural Resources Group, Inc.
4. CAA Planning, Inc.
5. Chamber Group Inc.
6. Circlepoint
7. CSG Consultants, Inc.
8. De Novo Planning Group
9. Dudek
10. ECORP Consulting, Inc.
11. Environmental Science Associates (ESA)
12. Environment Planning Development Solutions,
13. Evan Brooks Associates
14. FCS International, Inc. (FirstCarbon Solutions)
15. Greenwood and Associates
16. Helix Environmental Planning, Inc.
17. ICF Jones & Stokes, Inc. (ICF)
18. Infrastructure Engineering Corporation (IEC)
19. Kimley Horn and Associates, Inc.
20. LSA Associates, Inc.
21. Michael Baker International
22. Moore, lacofano, Goltsman, Inc. (MIG)
23. Phil Martin & Associates, Inc.
24. PlaceWorks, Inc.
25. Renee Escario DBA RE Consulting
26. Rincon Consultants, Inc.
27.Sagecrest Planning and Environmental, LLC
28.T & B Planning, Inc.
29. UltraSystems Environmental Inc.
30. Urban Crossroads, Inc.
31.Veneklasen Associates, Inc.
NTENANCE AND
Inc. (EPD Solutions, Inc.)
CITY COUNCIL MINUTES 106-12
O6_An OCTOBER 3, 2017
Mayor Pro Tem Martinez, asked if live data would be produced with software
Police Commander Ken Gominski, noted that data uploaded at midnight daily;
no live data posted for officer safety purpose.
Councilmember Solorio, thanked the police department for efforts to provide
updated data on the web.
MOTION: Authorize the City Manager and Clerk of the Council to execute
a one-year agreement with GeoSpatial Technologies, Inc. for the period of
August 3, 2017 through August 2, 2018, in an amount not to exceed
$10,500, subject to non -substantive changes approved by the City
Manager and City Attorney. (AGMT. No. 2017-266).
MOTION: Martinez SECOND: Solorio
VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Sarmiento, Tinajero (3)
25E. APPROVE AN AGREEMENT FOR ADVANCE PUBLIC SAFETY COURSES
{STRATEGIC PLAN NO. 1, 1i}- Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached five-year agreement with Rancho Santiago Community
College District, for the period of July 17, 2017 through July 16, 2022,
subject to non -substantive changes approved by the City Manager and
City Attorney. This agreement will result in registration costs of up to
$10,000, and generate up to $54,000 in reimbursement revenue over the
five-year term. (AGMT. No. 2017-267).
TION CAMPAIGN (PROJECTS 16-6870, 16-6871,
:TPATFrIr PI AN NO 1 8R1 - Puhlir. Works Aaenc,
Mayor Pro Tem Martinez, asked if SCAG's Go Human campaign is being
utilized; also school district be informed and leverage all resources available;
and asked how schools were selected; encouraged outreach efforts with school
district officials.
CITY COUNCIL MINUTES 1 O B-1 3 OCTOBER 3, 2017
Public Works Executive Director Mousavipour, noted that pedestrian and bicycle
safety will be focus of education campaign' criteria met for grant application and
that is how schools were selected.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute four agreements with Clear Channel Outdoor, Inc., subject to non -
substantive changes approved by the City Manager and City Attorney, in
the corresponding amounts and for the terms indicated below:
1. Heninger Elementary School (Project No. 16-6870) in an amount of
$14,962.50 from October 3, 2017 to February 27, 2018 (AGMT. No. 2017-
268);
2. King Elementary School (Project No. 16-6871) in an amount of
$14,962.50 from October 3, 2017 to February 6, 2018 (AGMT. No. 2017-
269);
3. Washington Elementary School (Project No. 16-6872) in an amount of
$14,250.00 from October 3, 2017 to January 16, 2018 (AGMT. No. 2017-
270); and
4. Monte Vista Elementary School (Project No. 16-6873) in an amount of
$14,843.75 from October 3, 2017 to March 27, 2018 (AGMT. No. 2017-
271).
MOTION: Martinez SECOND: Villegas
VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Sarmiento, Tinajero (3)
25G. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION
LOCATED AT 2120-2130 SOUTH BRISOTL STREET (APN 408-471-17) FOR
BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON -
GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C) - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a purchase agreement for the real property partial acquisition, temporary
construction easement, and goodwill (if any) located at 2120-2130 South
Bristol Street (APN 408-471-17) with property owner AU ZONE Santa Ana,
LLC, in the amount of $98,999 subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2017-272).
CITY COUNCIL MINUTES 101Y-14 OCTOBER 3, 2017
'Mayor Pro Tem Martinez dissented on Agenda item 25G.
MISCELLANEOUS - BUDGET
29A. APPROVE DONATION AGREEMENTS WITH ORGANIZATIONS TO
SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO.
5, 4} - Council Item
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. Charitable Venture of Orange County to support Memorial Park
Neighborhood Associations' Bike-Pedalor-Stroller & Model Car event,
in the amount of $250 (Mayor Pro Tem Martinez);
2. Magnolia Educational & Research Foundation to support the Magnolia
Science Academy fieldtrip to the Bowers Museum, in the amount of
$1,000 (Councilmember Villegas).
"END OF CONSENT CALENDAR"
BUSINESS CALENDAR ITEMS
ORDINANCES
50A. EMERGENCY ORDINANCE: AMENDING AND ADDING NEW SECTIONS TO
SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE 10 RELATED TO
STORAGE OF PROPERTY, PROHIBITION OF ANIMALS, VEHICLE ACCESS
AND SERVICES IN THE CIVIC CENTER AREA {STRATEGIC PLAN NO. 5, 3}
— City Manager's Office and City Attorney's Office
The following spoke on the matter:
• Jeanine Robbins, encouraged the City to work with County of Orange and
surrounding cities to support their efforts to end homelessness; concerned
with proposed ordinance as drafted.
• Lou Noble, opined that ordinance is unconstitutional.
• Morgan Denges, member of the Orange County Catholic Workers, noted that
proposed ordinance criminalizes homelessness.
• Dwight Smith, Executive Director of Catholic Workers, expressed strong
opposition to ordinance.
CITY COUNCIL MINUTES 1 O B_15 OCTOBER 3, 2017
• Jordan Holberg, noted that more humane methods exist to address
conditions at the Civic Center area; unjustified concerns.
• Catherine Sweetser, attorney representing individuals living in the Plaza of
the Flags, concerned with enclosed structure provision included in
ordinance.
• Brooke Weitzmen, attorney for the Elder Law and Disability Rights Center,
provide legal services to homeless, opined that ADA violations and
concerned with emergency ordinance.
• Dave Oakley, opposed to proposed ordinance.
• Andrew Cowie, spoke in support of the ordinance; noted that service
organizations available to assist homeless and provide employees to
channel them to appropriate agency.
• Mohammed Aly, opined that 14th Amendment being violated; cruel treatment
of homeless; threatened lawsuit if ordinance approved.
• James Bergthold, works at Isaiah House, concerned with criminalization
element.
• Rebecca Edwards, concerned that ordinance is quick fix and not well thought
through.
• Jestin Samson, homeless activist; need to hold the County Board of
Supervisors accountable and urged all not to pass ordinance.
• Byron Lopez, concerned with inhumane practices and treatment of
homeless.
• Debbie McEwen, commended Acting Police Chief Valentin in the positive
change in the police department and expressed gratitude for his service.
• Dallas Augustine, concerned that Needles Exchange Program will be
negatively impacted.
• Carol Newark, open to working with City and reducing number of needles to
200.
• Sabyl Landrum, attorney at the Legal Aid Society of OC, submitted letter for
the record — housing concerns raised.
• David Yamasaki, Executive Officer at the Orange County Superior Court,
reaffirmed concerns raised in a letter submitted to the City Council a couple
of weeks ago.
• Margaret Sharpe, supports City's effort in providing affordable housing,
opposition to the proposed ordinance, and urged the City Council to expand
emergency shelter services to the homeless population.
• Kimberly Sanduvac, requested outreach efforts to homeless; dignified
services desired.
• Megan Doughtey, request solidarity in working with homeless.
• Mike Lopez, represent SEIU Local 721 members, support ordinance that will
provide safety for employees and residents; balanced approach for all.
• Jackie Cordova, opposed to incarceration and instead provide social
services.
• Perla Dionicio, asked that justice be provided and treat all fairly and with
dignity.
CITY COUNCIL MINUTES 16 OCTOBER 3, 2017
1OB-16
• Kenneth Batiste, request that society address the underlying issues that
cause homeless.
• Heather Saravia, member of OC Young Democrats, most cities are enforcing
anti -camping ordinance causing sanitary concerns in Santa Ana; need to
address root problem such as housing, needle exchange program and
mental health services.
• Ramon Campos, youth organizer, opposed to ordinance.
• David Carbajal, against criminalization of homeless and those that provide
social services; need to prioritize affordable housing.
City Attorney Carvalho, summarized staff report and purpose of emergency
ordinance.
Council discussion ensued.
Councilmember Villegas, noted that over the years the population has
increased; many homeless reject services; supports ordinance.
Mayor Pro Tem Martinez, highlighted past efforts by the City; lack of
coordination has allowed number of homeless to be exacerbated; support
balanced approach and coordinated efforts; asked if City has joint operational
plan with the County; data analytics to be included when making policy
recommendations.
Interim City Manager Kurtz, noted that Joint Authority allows for shared costs
and joint services; City has own procedures on cleanliness.
Councilmember Sarmiento, supports collaborative efforts, concerned with some
elements including umbrellas and shopping carts and connection to safety and
welfare. Recommend that it be processed as a regular ordinance; unintended
consequences; support litigation against county of orange — have vesting rights;
staff to amend Sections 2, 13, 18, 19, and 20, in the proposed amended Section
10-551(a).
Councilmember Benavides, City to work with local service providers; City has
provided extensive affordable housing programs.
Councilmember Solorio, supports ordinance either as emergency or regular
ordinance; noted that City has housing first model; shared responsibility starts
with housing and safety as prime concern; need to work with the County before
deciding to sue.
Councilmember Tinajero, commented on complexity of mental health and trickle
effect on homeless; quality of life for all residents need to be considered;
supports ordinance although concerned with some sections; amendments at
second reading will meet needs of homeless.
Mayor Pulido, proposed spayed and neutered animals
CITY COUNCIL MINUTES 10B-17 OCTOBER 3, 2017
City Attorney Carvalho, explained emergency and regular ordinance regulations.
Mayor Pulido, proposed 2 animals per person (Sec. 10-552); need to be flexible
and modify in the future; regional issue and need to provide housing throughout
the county.
Councilmember Solorio, furthermore, requested clarification on placement of
items within 70 feet of any building in revised ordinance.
Mayor Pro Tem Martinez, requested updates on a quarterly basis.
Councilmember Sarmiento, requested data on HUD funds being expended on
homeless services.
MOTION: Place amended ordinance on first reading and authorize
publication of title with changes as proposed and direct staff to engage
non -profits and service providers and address issues raised.
ORDINANCE NO. NS -2926 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 10-551 AND ADDING NEW
SECTIONS 10-552, 10-553 AND 10-554 TO THE SANTA ANA MUNICIPAL
CODE RELATED TO STORAGE OF PROPERTY, PROHIBITION OF
ANIMALS, VEHICLE ACCESS AND VOLUNTEER SERVICES IN THE CIVIC
CENTER AREA
MOTION: Villegas SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
REPORTS
65A. CONSIDER REQUEST FOR PROPOSALS (RFP) AND NEGOTIATION
OPTIONS RELATED TO SOLID WASTE CONTRACT SERVICES
(STRATEGIC PLAN NO. 4, 1) — Public Works Agency
The following spoke on the matter:
• Jeff Snow, represent Republic Services, offered propositions for City
consideration that would provide value; encouraged an open and transparent
request for proposal; short term extension of current contract to be limited to
12 month extension only; opined that 16 month process is sufficient.
CITY COUNCIL MINUTES A O E8_ A Q OCTOBER 3, 2017
George Urch, representing Ware Disposal, noted that contract has not been
reviewed in 50 years; need to go out to bid.
Council discussion ensued.
Councilmember Benavides, requested clarification on options for consideration.
Executive Director of Public Works, Fred Mousavipour, noted that draft contract
being reviewed and will be forthcoming.
Councilmember Tinajero, supports extension of current contract to allow proper
vetting of request for proposals.
Councilmember Solorio, supports option 3; augment commercial services;
identify ways to improve service and reduce costs to both residents and
businesses.
Councilmember Sarmiento, concerned that largest contract has not been RFP in
over 50 years; opposed to premature extension.
Joe Sloan, principal with Sloan Vazquez LLC, outlined timeline and deliberative
process.
Mayor Pro Tem Martinez, concerned with extension, need to do proper vetting
and avoid Proposition 218 violations; transparency and accountability needed.
MOTION: Approve option 3.
1. Direct staff to issue a Request for Proposals for solid waste services
and negotiate and develop service alternatives dependent on the
completion of the RFP process and selection of a permanent service
provider (Option A).
2. Direct staff to complete negotiations with USA Waste of California, Inc.
(dba Waste Management of Orange County) for a short-term contract
extension for City Council consideration on October 17, 2017 (Option
B).
3. Direct staff to proceed with options A and B concurrently.
MOTION: SECOND:
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 1 O B-1 a OCTOBER 3, 2017
ABSENT: None (0)
PUBLIC HEARINGS
75A. PUBLIC HEARING - ADOPT AN ORDINANCE FOR THE REGISTRATION OF
ABANDONED AND DEFAULTED RESIDENTIAUCOMMERCIAL PROPERTY
AND ADOPT A RESOLUTION TO ADD THE $412.96 PARTIAL FEE FOR
SERVICES IN THE FISCAL YEAR 2017/18 MISCELLANEOUS FEE
SCHEDULE {STRATEGIC PLAN NO. 5, 41 - Planning and Building Agency
Legal Notice published in the Orange County Reporter August 25, 2017;
September 1, 2017; September 22, 2017; and September 29, 2017.
Continued from the September 5, 2017 City Council meeting by a vote of 6-0
(Martinez absent) and continued from the September 19, 2017 City Council
meeting by a vote of 6-0 (Councilmember Tinajero absent).
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2927 - AN ORDINANCE, ADDING DIVISION 3 TO
ARTICLE 10, OF CHAPTER 8 OF THE CITY OF SANTA ANA MUNICIPAL
CODE OF TO BE ENTITLED, 'REGISTRATION AND MAINTENANCE OF
ABANDONED AND DEFAULTED MORTGAGE PROPERTY"; PROVIDING
FOR PURPOSE, INTENT AND APPLICABILITY OF THE ORDINANCE
REQUIRING THE REGISTRATION AND MAINTENANCE OF CERTAIN
REAL PROPERTY BY MORTGAGEES; PROVIDING FOR PENALTIES
AND ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION
AND REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN THE
CITY
2. Adopt a resolution.
RESOLUTION NO. 2017-064 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING THE FORECLOSED
VACANT PROPERTY REGISTRATION FEE IN ACCORDANCE WITH
ARTICLE 3 OF DIVISION 3 OF CHAPTER 8 OF THE SANTA ANA
MUNICIPAL CODE
MOTION: Villegas SECOND: Benavides
VOTE: AYES. Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
CITY COUNCIL MINUTES A 0 ff_n0 OCTOBER 3, 2017
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. PUBLIC HEARING - ADOPT ZONING ORDINANCE AMENDMENT NO. 2017-
02 AND ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP NO.
2017-01 FOR THE ARTISAN AT SOUTH COAST A 42 -UNIT SINGLE FAMILY
RESIDENTIAL PROJECT AT 2001 WEST MACARTHUR BOULEVARD —
SHEA HOMES, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5; 5, 3) - Planning
and Building Agency
Legal Notice published in the Orange County Reporter September 22, 2017.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2928 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT PLAN
NO. 4, PERTAINING TO THE ARMSTRONG RANCH DEVELOPMENT, TO
ALLOW TEMPORARY SALES OFFICES, MODIFY THE PARKING
STANDARDS AND INCORPORATE DEVELOPMENT STANDARDS FOR A
SMALL LOT SUBDIVISION (SD -4) (ZOA NO. 2017-02) FOR THE PROJECT
AT 2001 W. MACARTHUR BOULEVARD
2. Adopt a resolution.
RESOLUTION NO. 2017-065 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO.
2017-01, AS CONDITIONED, TO ALLOW THE SUBDIVISION OF AN
EXISTING PARCEL INTO 43 LOTS AT 2001 WEST MACARTHUR
BOULEVARD
MOTION: Benavides
VOTE: AYES
NOES:
ABSTAIN
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
CITY COUNCIL MINUTES 10 B 221 OCTOBER 3, 2017
ABSENT: None (0)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items
on the City Council Agenda to be considered by the City Council.
85A. DISCUSS AND PROVIDE STAFF DIRECTION ON THE FUNDING,
STRUCTURE AND AUTHORITY OF THE ORANGE COUNTY CIVIC CENTER
AUTHORITY, AND GENERAL RESPONSIBILITIES AS OUTLINED IN THE
MEMORANDUM OF UNDERSTANDING AMONGST THE ORANGE COUNTY
SHIERIFF-CORONER AND MEMBER AGENCIES UPON THE FLOOD
CONTROL AND RIVER CHANNELS — HOMELESS SERVICES (Mayor Pro
Tem Martinez)
Mayor Pro Tem Martinez, discussed structure of the Joint Powers Authority
(JPA), funding and operational procedures; proposed amending bylaws to
include an elected official on the Civic Center Authority; seek reimbursement for
City impacts and expenses; suggested use of solar belly (recycling containers);
and asked what resources needed and what is patrol plan for Sheriff's at the
riverbed; need citywide approach with adequate resources. Consider
appointment of Councilmember Villegas as City representative.
Executive Director of Parks and Recreation, Gerardo Mouet, explained funding
and composition of board.
Councilmember Solorio, noted that JPA old and does not include new reality;
seek reimbursement for City enforcement services and OC Flood Control or
Water District have role and responsibility as well.
Direct staff to amend the bylaws of the Civic Center Authority to include a City
and County Board of Supervisor representative; review funding and
reimbursement; identify resources needed and return to City Council with report
on action items to implement changes.
RECESSSED CITY COUNCIL MEETING AT 10:05 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 10:06 P.M.
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items)
• Michael Klubnikin, made general comments about county services.
• Carl Benninger, invited all to Connect -to -Council's Ward 2 Resource Fair on October 11th
• Santiago Espinoza, requested assistance with citation received on parking matter.
CITY COUNCIL MINUTESA O ff_nn OCTOBER 3, 2017
KIM
•1:
CITY MANAGER'S COMMENTS
CITY COLINCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked attendees and commented on success of Madison Park Walk-A-
Thon and Faire;
• Recognized Cow Girls Cafe as the Ward 1 featured restaurant;
• Appreciative of tickets he was able to offer seniors to attend the Taste of
Santa Ana; and
• Relayed well wishes to Francine from the Senior Center.
Mayor Pro Tem Martinez:
• Attended Senior Event; thanked Tish Leon for volunteerism, fund raising
efforts and organizing talent show;
• Addressed Code Enforcement resource needs; vending and food trucks
study require additional staff; need to make top priority; and
• Reminded all that Walk to School International Day on October 0;
encouraged all to drive safely and look out for kids.
Councilmember Solorio:
• Thanked City and school staff for working with building trades for organizing
Youth Job Fair at Century High School on October 17th;
• Lucille's Restaurant recognized as Ward 3 featured restaurant;
• Support additional funding for code enforcement efforts;
• Suggest city use police service officers or cadets for Park Rangers rather
than contract service out; and
• Thanked all for efforts to address homeless issue.
Councilmember Villegas:
• Commented on tragedy in Las Vegas; thoughts and prayers to all;
• Walk-a-Thon was great success — Councilmembers Sarmiento and Mayor
Pro Tem Martinez also attended;
• Attended Taste of Santa Ana; and
• Recognized EI Toro Carniceria as Ward 5 featured restaurant.
Councilmember Benavides:
• Commended staff on many successful City events including Love Santa Ana
Initiative;
• Recognized Baja Fish as Ward 4 featured restaurant;
• Invited all to attend Farmer's Market on Sunday's; support local businesses;
and
• Adjourn in memory of victims of Las Vegas shooting.
Mayor Pulido:
CITY COUNCIL MINUTES 1 O B-23 OCTOBER 3,20`17
• Adjourned in memory of all the victims of recent tragedies including the
hurricanes, earthquake in Mexico and shooting in Las Vegas; and
• Announced that meeting adjourned to Friday, October 6, 2017 at 4 p.m. for
continued closed session discussion.
ADJOURNED- 10:25 P.M. - Adjourned meeting to Friday, October 6, 2017 at 4 p.m. for
continued closed session discussion.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Labor Contracts
CITY COUNCIL MINUTES 10t-24 OCTOBER 3, 2017