HomeMy WebLinkAbout10B - MIN MAY 15MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MAY 15, 2018
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:00 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:08 P.M.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO (5:15 P.M.)
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
AGENDA ITEM ADDED
Pursuant to Government Code Section 54954.2 (b), there was a need to take immediate
action on an item and the need for action came to the attention of the local agency
subsequent to the posting of the agenda; City Attorney Carvalho requested that the following
item be added to the Agenda:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
d. Theresa Le v. City of Santa Ana; Maria Huizar, Clerk of the Council, Orange
County Superior Court, Case No. 30-2018-00988425-CU-CR-CJC
MOTION: It was moved by Councilmember Benavides, seconded by Mayor
Pro Tem Martinez, to add emergency item to Closed Session Agenda.
Motion carried 5-0 (Pulido and Tinajero absent).
CITY COUNCIL MINUTES 1 MAY 1, 2018
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PUBLIC COMMENTS - None
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:
a. Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al.,
Orange County Superior Court, Case No. 30-2015-00771129-CU-WM-CJC
b. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District
Court (Central District of California), Case No. SA CV 18 -0155 -DOC (KESx)
c. Rush, et al. v. City of Santa Ana, et al. (Case No. 30 -2018 -00984776 -CU -
W M-CJC)
*Councilmember Tinajero left the Closed Session meeting at 5:44 p.m.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 1126 E. Washington Ave, Santa Ana, CA
(APN 398-092-14); 1.43 acres
Owner: Housing Authority of the City of Santa Ana
Negotiators: City Manager Raul Godinez II
Negotiating with: County of Orange/Swinerton Builders
Terms: Potential terms of Lease or License
Agreement
3. PUBLIC EMPLOYEE — PERFORMANCE EVALUATION pursuant to Section
54957(b)(1) of the Government Code:
Title: City Manager
4. PUBLIC EMPLOYEE APPOINTMENTS pursuant to Section 54957(b)(1) of the
Government Code:
Title: Public Works Agency Director
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
CITY COUNCIL MINUTES 2 MAY 1, 2018
10 B-2
Agency Negotiator: Steven Pham, Executive Director of Personnel
Services
Employee Organizations: Santa Ana Police Officers Association (POA)
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at
the Regular Meeting which will begin immediately following the Closed Session Meeting.
J
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION.
AT 6:40 P.M.
CITY COUNCIL MINUTES 3 MAY 1, 2018
10 B-3
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:43 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO (7:21 P.M.)
JUAN VILLEGAS
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
STEPHANIE MEZA, SIERRA PREPARATORY
ACADEMY
BOB BARNETT, POLICE CHAPLAIN
• PROCLAMATION presented by COUNCILMEMBER BENAVIDES naming May as Mental
Health Awareness Month.
• PROCLAMATION presented by COUNCILMEMBER SARMIENTO naming May as Water
Awareness Month and recognizing Drinking Water Week.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Monica Robles in recognition of contributions to the community.
CLOSED SESSION REPORT- See Agenda Item 19A for reportable action.
PUBLIC COMMENTS — Non -agenda and agendized items
CITY COUNCIL MINUTES 4 MAY 1, 2018
10 B-4
• Dale Helvig, thanked Sgt. Blake for his efforts in assisting with Park Santiago clean up
events. Noted recent home invasion robberies in the community. Expressed opposition
to 2525 Main Street development.
• Cesar Medina, spoke an Agenda Item 20B, expressed gratitude for approval of fence
and restroom project.
• Francine Harris, spoke an Agenda Item 20B, on behalf of Santa Ana Senior Advisory
Board, thanked City Council for approving the fence and restroom project.
• Michael O'Valla, on behalf of Park Santiago Neighborhood Association, expressed
opposition to 2525 Main Street development. Opined need to keep OC Needle
Exchange program out of the city, more attention needed at parks; approval of 2525
Main Street development would result in three years of construction, will become a
haven for homeless, and increase crime.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 10A through 25D, with the following modifications:
o Councilmember Sarmiento abstained on Agenda Item 11A;
o Mayor Pulido abstained on Agenda Item I IA;
o Mayor Pro Tem Martinez dissented on Agenda Item 22A, 25C, and 25D;
o Councilmember Benavides pulled Agenda Item 17A and 20B for separate
discussion.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
emoved for separate
MINUTES
SECOND: Benavides
Benavides, Martinez, Pulido Sarmiento, Solodo, Villegas (6)
None (0)
None (0)
Tinajero (1)
or modified are
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF APRIL 17, 2018 {STRATEGIC
PLAN NO. 5, 1} - Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES
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MAY 1, 2018
ORDINANCES/SECOND READING
11A. ADOPT ORDINANCE AMENDMENT NO. 2018-02 TO AMEND CERTAIN
SECTIONS OF CHAPTERS 8, 18, AND 40 OF THE SANTA ANA MUNICIPAL
CODE (COMMERCIAL CANNABIS) TO ALLOW COMMERCIAL CANNABIS
CULTIVATION, MANUFACTURING, AND DISTRIBUTION ACTIVITIES AND
TO AMEND CERTAIN CODE ENFORCEMENT PROCEDURES RELATING TO
UTILITY SHUTOFFS {STRATEGIC PLAN NOS. 5, 1) - Clerk of the Council
Office - Clerk of the Council Office
Placed on first reading at the April 17, 2018 City Council meeting and approved
by a vote of 5-0 (Pulido absent and Sarmiento abstained).
Published in the Orange County Reporter on April 20, 2018.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2944 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER
40 TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING,
AND DISTRIBUTION ACTIVITIES FOR MEDICINAL AND ADULT -USE
PURPOSES, AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF
CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO
MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40
OF THE MUNICIPAL CODE, AND AMENDING CERTAIN SECTIONS OF
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CODE
ENFORCEMENT
Mayor Pulido and Councilmember Sarmiento abstained on Agenda Item 11A.
NOTICE OF PUBLIC HEARINGS
12A. RESOLUTION OF INTENT TO VACATE PORTIONS OF BAKER STREET,
BERKELEY STREET, AND OCCIDENTAL STREET - ABANDONMENT NO. 18-
02, MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL
EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 21 - Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-028 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE
PORTIONS OF BAKER STREET, BERKELEY STREET, AND
OCCIDENTAL STREET, SETTING A PUBLIC HEARING THEREON, AND
DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED
(ABANDONMENT NO. 18-02)
2. Set a public hearing for June 5, 2018.
CITY COUNCIL MINUTES 6 MAY 1, 2018
10 B-6
12B. RESOLUTION OF INTENT TO VACATE PORTION OF PUBLIC ALLEY AND
BUSH STREET - ABANDONMENT NO. 18-01, THE HAMPTON INN HOTEL
PROJECT {STRATEGIC PLAN NO. 3, 21 - Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-029 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A
PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE
SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET,
SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE
THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 18-
01)
2. Set a public hearing for June 5, 2018.
BOARDS / COMMISSIONS / COMMITTEES
13A. AGENDA AND MINUTES OF THE REGULAR MEETING OF THE YOUTH,
EDUCATION AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE,
JANUARY 22, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Receive and file.
FINAL TRACT MAP NOTIFICATIONS
t17A`RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT
MAP NO. 18055 BY CITY ENGINEER, AND APPROVE A PUBLIC RIGHT -OF-
WAY MAINTENANCE AGREEMENT WITH SHEA HOMES (2001 WEST
MACARTHUR BOULEVARD STRATEGIC PLAN NO. 3, 2 -Public Works
Agency
Councilmember Benavides, asked consideration in holding back on gated
communities. Opined gated communities creates a separation, less sense of
community and need to discuss planning of future gated communities before
approval. Requested staff to follow up with future projects.
MOTION.
1. Receive and file certification and approval of Final Tract Map No. 18055
by the City Engineer.
2. Authorize the City Manager and Clerk of the Council to execute a public
right-of-way maintenance agreement with the Developer, Shea Homes
Limited Partnership, a California limited partnership, subject to non -
CITY COUNCIL MINUTES 7 MAY 1, 2018
10 B-7
substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-121).
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6)
None (0)
None (0)
Tinajero (1)
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
a. Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al.,
Orange County Superior Court, Case No. 30-2015-00771129-CU-WM-CJC
MOTION. City Council agreed to a settlement in the amount $350,000
by a vote of 6-0 vote (Tinajero abstained).
b. Rush, et al. v. City of Santa Ana, et al. (Case No. 30-2018-00984776-CU-
WM-CJC)
MOTION: City Council declined to pay attorney's fees in said case by a
vote of 4-1 vote (Pulido abstained, Tinajero absent, and Villegas
dissented).
19B. EXCUSED ABSENCES — None
19C. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION
PROJECTS AND ACTIVITIES JANUARY 2018 — MARCH 2018 STRATEGIC
PLAN NO. 5, 31 - Community Development Agency
Community Redevelopment and Housing Commission approved the
recommended action on April 11, 2018 by a vote of 6-0 (Frazier and Ramos
absent).
MOTION: Receive and file.
CITY COUNCIL MINUTES
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MAY 1, 2018
19D. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS -
MONTHLY CAPITAL IMPROVEMENT PROGRAM (CIP) EXECUTIVE REPORT
FOR APRIL 2018 {STRATEGIC PLAN NO. 5, 11 - Public Works Agency
The CIP Executive Summary Schedule is available on the City's website at:
http://www.santa-
ana.org/pwa/documents/ExecutiveMonthlyCI PUpdateApril2018.pdf
MOTION: Receive and file.
19E. RECEIVE AND FILE HOMELESS SERVICES QUARTERLY REPORT FOR
FEBRUARY 2018 THROUGH APRIL 2018 {STRATEGIC PLAN NO. 1,6; 5,4;
5,6} - City Manager's Office
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENT, AUTHORIZE COOPERATIVE
COST REIMBURSEMENT AGREEMENT, AND AWARD CONTRACT TO EBS
GENERAL ENGINEERING, INC., FOR CONSTRUCTION OF WESTMINSTER
AVENUE IMPROVEMENTS FROM HARBOR BOULEVARD TO FAIRVIEW
STREET (PROJECT NOS. 15-6825 & 18-6902) {STRATEGIC PLAN NOS. 6,
1 B; 1 C; 1 G} - 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 on Westminster Avenue within the Garden
Grove jurisdiction from Clinton Street to Nancy Lane, subject to
nonsubstantive changes approved by the City Manager and the City
Attorney (AGMT. No. 2018-111).
2. Award a contract to EBS General Engineering, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$1,399,000, for the term beginning upon execution of the contract and
ending upon project completion, for construction of the Westminster
Avenue Improvement Project, and authorize the City Manager and the
Clerk of the Council to execute the contract subject to nonsubstantive
changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $1,792,237, which includes the contract bid amount,
CITY COUNCIL MINUTES 9 MAY 1, 2018
10 B-9
administration, inspection and testing, and an authorized contingency
of $139,900.
4. Approve an appropriation adjustment. (Requires rive affirmative votes)
a. APPROPRIATION ADJUSTMENT NO. 2018-146 - Recognizing $587,074
in cost reimbursements 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
Westminster Avenue Improvement Project.
b. APPROPRIATION ADJUSTMENT NO. 2018-146 - Appropriating
$159,565 from prior year fund balance in the Select Street Construction
revenue account, and appropriating the same amount to the Select Street
Construction expenditure account.
5. Authorize the reallocation of $173,782 in unspent Fiscal Year 2013-14
Gas Tax Funds and $345,230 in unspent Fiscal Year 2015-16 Measure
M2 Local Fairshare Funds from various completed projects to the
Westminster Avenue from Harbor Boulevard to Clinton Street Project
(Project No. 15-6825, $509,864) and the Westminster Avenue from
Clinton Street to Fairview Street Project (Project No. 18-6902, $9,148).
i20B. T SPEC. NO. 18 018 APPROVE APPROPRIATION ADJUSTMENT A
AWARD PURCHASE ORDER TO P&P DEVELOP INC. FOR INSTALLATI
OF A WROUGHT FENCE AT BIRCH PARK STRATEGIC PLAN NO. 5,
(Community Development Agency; and Parks Recreation and Commui
�________Services)__Finance and Management Services
Councilmember Benavides, requested clarification on design of fence and
conveyed the need to protect the area, but at the same time the park should
continue to be inviting to the public.
MOTION
1. Reject the bids from Ace Fence Company, Naka Engineering & Const.
Inc., Total Fence Solutions, Inc., and RS Construction & Development
Inc. as nonresponsive. All four vendors failed to include the required
CDBG documents in their bid.
2. Award a one-time purchase and payment of purchase order to P&P
Develop Inc. for purchase and installation of a wrought iron fence in an
amount not to exceed $175,000 plus a $17,500 contingency for a total
amount not to exceed $192,500, subject to non -substantive changes
approved by the City Manager and City Attorney.
3. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-142 - Approve an appropriation
adjustment recognizing $27,401 in revenue from prior years in the Fees and
CITY COUNCIL MINUTES 10 MAY 1, 2018
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Donations account, and $45,099 in revenue from prior years in the
Residential Development District 2 In Lieu account and appropriating
$27,401 in Fees and Donations funds and $45,099 in Residential
Development District 2 In Lieu funds.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
20C. SPEC. NO. 18-022 - APPROVE APPROPRIATION ADJUSTMENT AND
AWARD PURCHASE ORDER TO P&P DEVELOP INC. FOR A PORTLAND
LOO RESTROOM AT BIRCH PARK {STRATEGIC PLAN NO. 5, 4} (Parks
Recreation and Community Services) Finance and Management Services
MOTION:
1. Award a one-time purchase and payment of purchase order to P&P
Develop Inc. for purchase and installation of a Portland Loo restroom in
an amount not to exceed $174,000 plus a $17,400 contingency, for a
total amount not to exceed $191,400, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-143 - Approve an appropriation
adjustment recognizing revenue from prior years; $53,941 in the Park
Improvement account, $141,891 in the Residential Development District 2
account and $25,568 in the Residential Development District 2 In Lieu
account and appropriating $53,941 in Park Improvement funds, $141,891 in
Residential Development District 2 funds and $25,568 in Residential
Development District 2 In Lieu funds.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 18-007 - AWARD PURCHASE ORDER TO HUNTINGTON BEACH
HONDA FOR TWO HONDA PIONEER UTILITY VEHICLES {STRATEGIC
PLAN NO. 6, 2} (Police Department) - Finance and Management Services
MOTION: Authorize a one-time purchase and payment of purchase order
to Huntington Beach Honda for the procurement of two 2017 Honda
CITY COUNCIL MINUTES 11 MAY 1, 2018
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Pioneer utility vehicles in an amount not to exceed $48,930, subject to
non -substantive changes approved by the City Manager and City Attorney.
* Mayor Pro Tem Martinez dissented on Agenda Item 22A.
22B. SPEC. NO. 18-011 - AWARD PURCHASE ORDER TO RACEWAY FORD FOR
FOUR MAINTENANCE UTILITY TRUCKS (NON -GENERAL FUND)
{STRATEGIC PLAN NO. 6, 21 (Public Works Agency) - Finance and
Management Services
MOTION: Authorize a one-time purchase and payment of purchase order
to Raceway Ford for the purchase of four Ford F-350 trucks with utility
body in the amount of $227,415, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
22C. SPEC. NO. 18-015 - AWARD PURCHASE ORDER TO NAKA ENGINEERING
& CONST. INC. FOR A FENCE AT THE SANTA ANA LIBRARY {STRATEGIC
PLAN NO. 5, 41 (Parks Recreation and Community Services) - Finance and
Management Services
MOTION:
1. Reject the bid Total Fence Solutions, Inc. as nonresponsive. Vendor
unable to supply required gate locks and panic hardware.
2. Award a one-time purchase and payment of purchase order to Naka
Engineering & Const. Inc. for the purchase and installation of a
decorative fence at the Santa Ana Library in an amount not to exceed
$139,700 plus a $13,970 contingency for a total amount not to exceed
$153,670, subject to non -substantive changes approved by the City
Manager and City Attorney.
22D. SPEC. NO. 18-020 - AWARD PURCHASE ORDER TO GUARANTY
CHEVROLET MOTORS, INC. FOR A PARKING METER MAINTENANCE
TRUCK (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 21 - Finance and
Management Services
MOTION: Authorize a one-time purchase and payment of purchase order
to Guaranty Chevrolet Motors, Inc., for the procurement of one Chevrolet
Colorado truck in the amount of $39,415, subject to non -substantive
changes approved by the City Manager and City Attorney.
22E. SPEC. NO. 18-026 - AWARD PURCHASE ORDER TO HARRIS STEEL FENCE
CO., INC. FOR FENCE AND BOLLARDS IN THE CIVIC CENTER AREA
{STRATEGIC PLAN NO. 5, 4) (Parks Recreation and Community Services) -
Finance and Management Services
CITY COUNCIL MINUTES 12 MAY 1, 2018
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MOTION: Award a one-time purchase and payment of purchase order to
Harris Steel Fence Co., Inc. to construct and install a decorative fence and
bollards in the Civic Center area in the amount of $78,651 plus a $7,865
contingency, for a total amount not to exceed $86,516, subject to non -
substantive changes approved by the City Manager and City Attorney.
AGREEMENTS
25A. APPROVE AN AGREEMENT FOR FEDERALLY COMPLIANT COST
ALLOCATION PLAN PREPARATION AND INTERNAL SERVICE FUND
ALLOCATION STUDY {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with MGT of America, Inc., for the three-year term beginning
May 1, 2018, and expiring on April 30, 2021, with provision for two one-
year extensions exercisable by the City Manager and City Attorney, to
prepare annual Code of Federal Regulations (CFR) Part 200 compliant
Cost Allocation Plans necessary for state and federal grant
reimbursement, and an Internal Service Fund Allocation Study, in the
amount of $151,825 for the term of the agreement, including any approved
extensions, plus a 10 percent contingency of $15,183, for a total amount
not to exceed $167,008, subject to nonsubstantive changes approved by
the City Manager and City Attorney (AGMT. No. 2018-112).
25B. APPROVE AN AGREEMENT TO PROVIDE FOOD CONCESSION SERVICES
AT THE SANTA ANA ZOO {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation
and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Bean Sprouts, LLC, dba Bean Sprouts to provide food
concession services at the Santa Ana Zoo with a 6% revenue share to the
City on the first $500,000 (8% revenue share above $500,000) that includes
a $8,400 per quarter lease guarantee and an initial investment by Bean
Sprouts of $50,000 in capital improvements for the period April 17, 2018 to
March 31, 2023, with two, three-year renewal options, subject to non -
substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-113).
25C. APPROVE PROPERTY EXCHANGE AGREEMENT FOR BRISTOL STREET
IMPROVEMENTS PHASE 4 FOR THE PROPERTY LOCATED AT 2201 S.
BRISTOL ST. (APN 015-194-23) AND 2205 S. BRISTOL ST. (APN 015-194-24)
(PROJECT NO. 116741, NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6,
1 G; 3, 2C} - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement for the exchange of Real Property located at 2201 S. Bristol
CITY COUNCIL MINUTES 13 MAY 1, 2018
St. (APN 015-194-23) and 2205 S. Bristol St. (APN 015-194-24) with property
owner, Victoria Vargas Bastida, in the amount of $325, 000 subject to non -
substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-114).
* Mayor Pro Tem Martinez dissented on Agenda Item 25C.
25D. PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITION FOR
WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802)
(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
Purchase Agreements for the real property acquisition and goodwill (if
any) with the property owners listed below, subject to non -substantive
changes approved by the City Manager and City Attorney:
* Mayor Pro Tem Martinez dissented on Agenda Item 25D.
MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENTS WITH VARIOUS 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 nonsubstantive changes approved by the
City Manager and the City Attorney, as follows:
a. Orange County Community Foundation in support of on-going
educational outreach and resources for Latino youth in Santa Ana, in a
one time donation amount of $500 (Councilmember Sarmiento); and
CITY COUNCIL MINUTES 14 MAY 1, 2018
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Property
Property
Acquisition
Amount
AGMT.
Owner
commonly
Type
No.
known as I
location
1.
Angelica
315 E. Warner
Full
$465,000
2018-
Higareda
Ave. (APN 403-
115
143-14
2.
Roberto R.
2245 S Maple St.
Full
$465,000
2018 -
Fernandez
(APN 403-144-12)
116
and Lupe
Fernandez
* Mayor Pro Tem Martinez dissented on Agenda Item 25D.
MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENTS WITH VARIOUS 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 nonsubstantive changes approved by the
City Manager and the City Attorney, as follows:
a. Orange County Community Foundation in support of on-going
educational outreach and resources for Latino youth in Santa Ana, in a
one time donation amount of $500 (Councilmember Sarmiento); and
CITY COUNCIL MINUTES 14 MAY 1, 2018
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b. Orange County Center for Contemporary Arts in support of Boca de
Oro Art & Literature Festival that occurred March 3, 2018, in a one-time
donation amount of $1,000 (Councilmember Tinajero).
**END OF CONSENT CALENDAR**
REGULAR BUSINESS CALENDAR
ORDINANCES/FIRST READING
50A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
ADOPTING ARTICLE XII REGULATING AGGRESSIVE AND INTRUSIVE
SOLICITATION ORDINANCE IN CHAPTER 10 THE SANTA ANA MUNICIPAL
CODE {STRATEGIC PLAN NO. 5, 11 - Police Department
Dave Hoen, thanked City Council for unanimously voting to approve litigation
against orange county cities to address homeless issues. Expressed concern
over aggressive panhandling in Downtown Santa Ana, and need to put teeth on
measure to allow police to use discretion to enforce ordinance.
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2945 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF
THE SANTA ANA MUNICIPAL CODE PERTAINING TO AGGRESSIVE OR
INTRUSIVE SOLICITATION
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
SECOND: Solorio
Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6)
None (0)
None (0)
Tinajero (1)
55A. RESOLUTION AUTHORIZING GRANT APPLICATIONS FOR ORANGE
COUNTY TRANSPORTATION AUTHORITY OC GO ENVIRONMENTAL
CLEANUP PROGRAM (TIER 1, 2018-2019) {STRATEGIC PLAN NO. 5, 6F) -
Public Works Agency
CITY COUNCIL MINUTES 15 MAY 1, 2018
1OB-15
MOTION.
1. Adopt a resolution.
RESOLUTION NO. 2018-030 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF
PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY
FOR FUNDING UNDER THE OC GO, FORMERLY MEASURE M,
ENVIRONMENTAL CLEANUP PROGRAM, TIER 1 FISCAL YEAR 2018-19
a. Authorizing the Executive Director of the Public Works Agency to submit
applications for funding consideration under the OC Go, formerly
Measure M, Environmental Cleanup Program through the Orange County
Transportation Authority, for a total application amount of $500,000; and,
if awarded funds, to execute subsequent agreement with the Orange
County Transportation Authority for expenditure of funds.
MOTION: Martinez
SECOND: Sarmiento
VOTE: AYES:
Benavides, Martinez, Pulido Sarmiento, Solorio, Villegas (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Tinajero (1)
ADMINISTRATIVE MATTERS - BUSINESS
60A. APPROVE THE FISCAL YEAR 2018-2019 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM (CDBG) {STRATEGIC PLAN NOS. 2,2; 2,4; 5,4;
5,6) - Community Development Agency
Community Redevelopment and Housing Commission approved the
recommended action on March 28, 2018 by a vote of 4-0 (Cano and Santana
absent).
Councilmember Solorio, directed staff to reserve sites for the Summer Lights
program.
City Manager Godinez, noted staff is working on reserving site at EI Salvador
Park.
Councilmember Villegas, opined need to take a look at Second Chance Orange
County.
CITY COUNCIL MINUTES 16 MAY 1, 2018
1OB-16
Mayor Pro Tem Martinez, echoed statements made by Councilmember Villegas.
Noted Second Chance Orange County provides homeless with jobs and perfect
opportunity to help hire homeless.
MOTION: Continue consideration of matter to the May 15, 2018 City
Council Meeting
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero
Villegas (7)
None (0)
None (0)
None(0)
60B. APPROVE THE FISCAL YEAR 2018-2019 EMERGENCY SOLUTIONS
GRANTS PROGRAM AND AGREEMENTS FOR FUNDS AWARDED FROM
THE UNITED STATES OF HOUSING AND URBAN DEVELOPMENT TO
ASSIST SHELTERED AND UNSHELTERED HOMELESS INDIVIDUALS
ALONG WITH THOSE AT RISK OF HOMELESSNESS {STRATEGIC PLAN
NO. 5, 6) - Community Development Agency
Community Redevelopment and Housing Commission approved the
recommended action on March 28, 2018 by a vote of 4-0 (Cano and Santana
absent).
MOTION: Continue consideration of matter to the May 15, 2018 City
Council Meeting
MOTION: Martinez SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero ,
Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARING
AGENDA ITEM 75A TAKEN OUT OF ORDER.
CITY COUNCIL MINUTES 17 MAY 1, 2018
1OB-17
75A. PUBLIC HEARING — APPROVE THE FISCAL YEAR 2018 - 2019 ANNUAL
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND
EMERGENCY SOLUTIONS GRANTS PROGRAM; AND AUTHORIZE
SUBMISSION TO HOUSING AND URBAN DEVELOPMENT {STRATEGIC
PLAN NO. 5, 1} - Community Development Agency
Community Redevelopment and Housing Commission approved the
recommended action on April 11, 2018 by a vote of 5-0 (Ramos absent).
Legal Notice published in the Orange County Register on April 20, 2018.
MOTION: Continue consideration of matter to the May 15, 2018 City
Council Meeting
MOTION: Martinez SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Pulido Sarmiento, Solorio, Tinajero ,
Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS - BUSINESS
60C. APPROVE EXCLUSIVE NEGOTIATION AGREEMENT WITH COMMUNITY
LAND TRUST THRIVE SANTA ANA, INC. FOR 1901 WEST WALNUT STREET
(APN 007-332-08) {STRATEGIC PLAN NO. 5} - Community Development
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an Exclusive Negotiation Agreement with THRIVE Santa Ana, Inc., for 1901
West Walnut Street, Santa Ana (APN 007- 332-08), for the period of one
hundred and eighty (180) consecutive calendar days commencing on May
1, 2018, with an option to extend an additional one hundred and eighty
(180) days, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT NO. 2018-117).
MOTION: Martinez
VOTE: AYES:
NOES:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
CITY COUNCIL MINUTES 18 MAY 1, 2018
1OB-18
ABSTAIN: None (0)
ABSENT: None (0)
60D. AGENDA ITEM CONSIDERED OUT OF ORDER.
60E. APPROVE DENSITY BONUS AGREEMENT TO ALLOW A 418 -UNIT
AFFORDABLE SENIOR RENTAL COMMUNITY WITH AFRODABLE HOUSING
LAND CONSULTANTS, INC. FOR PROJECT AT 2222 EAST FIRST STREET
{STRATEGIC PLAN NOS. 3, 2; 5, 3} - Community Development Agency
Planning Commission approved the recommended action on September 11,
2017 by a vote of 5-2 (Contreras -Leo and Nguyen dissented).
MOTION: Authorize the City Manager and Clerk of the Council to execute
a Density Bonus Agreement with Affordable Housing Land Consultants,
Inc., or assigns, for a 55 -year term, subject to non -substantive changes
approved by the City Manager and City Attorney for the development of a
418 -unit affordable senior rental residential community at 2222 East First
Street.
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
*AGENDA ITEM 60E RECONSIDERED BELOW.
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. APPROVE REQUEST FOR CONSENT BY JAMBOREE HOUSING
CORPORATION TO ACQUIRE LIMITED PARTNER'S INTEREST FOR
CORNERSTONE APARTMENTS {STRATEGIC PLAN NO. 4,5}
MOTION: Authorize the City Manager and Executive Director of the
Housing Authority to approve the request for consent by Jamboree
Housing Corporation and/or an affiliate to acquire the Limited Partner's
interest in the current project partnership for Cornerstone Apartments at
805 — 904 S. Minnie Street (AGMT. NO. 2018-118).
CITY COUNCIL MINUTES 19 MAY 1, 2018
1OB-19
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS - BUSINESS
AGENDA ITEM 60E RECONSIDERED.
60E. APPROVE DENSITY BONUS AGREEMENT TO ALLOW A 418 -UNIT
AFFORDABLE SENIOR RENTAL COMMUNITY WITH AFRODABLE HOUSING
LAND CONSULTANTS, INC. FOR PROJECT AT 2222 EAST FIRST STREET
{STRATEGIC PLAN NOS. 3, 2; 5, 3} - Community Development Agency
Councilmember Benavides, noted City of Santa Ana's letter to California Tax
Credit Allocation Committee correcting applicant's misinformation stating City of
Santa Ana's $5 million contribution towards project. Expressed concern of
misrepresentation from applicant and potential obligation to allocate funds
towards project. Requested staff to clarify misrepresentation and inconsistencies
made by applicant.
Councilmember Martinez motioned to reconsider prior motion.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
City Manager Godinez, noted staff had concerns as to applicant
misrepresentation, cities density bonus does not have much discretion,
possibility of revisiting how density bonuses are awarded, and need to go on
record that no financial commitments have been made towards project,
Staff, discussed overview of California Tax Credit Allocation Committee
application process, local jurisdiction evaluation, discovery of developer's
CITY COUNCIL MINUTES 20 MAY 1, 2018
1 OB -20
indication that City would commit $5 million in finance towards project, and
density bonus requirement to receive approval by City Council.
Councilmember Solorio, opined staff recommendations are small and not major
items, City of Santa Ana's hunger for affordable housing, and project is far along
from an entitlement standpoint.
Mayor Pro Tem Martinez, noted project consists of 418 units of affordable
community housing, City currently has over six thousand units, and many
Orange County senior citizens came to Santa Ana because housing was
offered. Asked if Santa Ana or county senior population is being housed and
requested figures for City of Santa Ana senior population.
Councilmember Sarmiento, commented project was originally presented to City
Council in tandem with another larger project and community need for family
housing. Expressed concern project may be delayed unnecessarily, larger
project consisting of family housing may possibly not move forward, project
financing is unclear, and senior housing currently at 7%.
MOTION: Continue consideration of item to the May 15, 2018 City Council
Meeting.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
WORK STUDY SESSIONS
SECOND: Tinajero
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
WS -1. UPDATE ON MOBILE VENDING - Planning and Building Agency
In the interest of time, City Council agreed to dispense with Agenda Item WS -1
and continued to the May 15, 2018 City Council meeting.
WS -2. FISCAL YEAR 2017-18 THIRD QUARTER BUDGET UPDATE AND FISCAL
YEAR 2018-19 GENERAL FUND TRIAL BUDGET, FORECAST AND CAPITAL
IMPROVEMENT PROGRAM - Finance and Management Services
CITY COUNCIL MINUTES 21 MAY 1, 2018
1 OB -21
FY 17-18 3RD QUARTER
UPDATE & FY 18-19
GENERAL FUND TRIAL
• City Manager Overview
• Background & Budget History
• FY 17-18 General Fund 3rd Quarter Update
• FY 18-19 General Fund Trial Budget Overview
• General Fund Financial Trend
• FY 18-19 Capital Improvement Program (CIP)
• Next Steps
z
CITY COUNCIL MINUTES 22 MAY 1, 2018
1OB-22
• Be transparent and honest about the problem
• Use a comprehensive approach for all funds
• Establish a vision, develop a budget that promotes long
term sustainability, implement best practices and utilize a
combination of cost reductions and revenue increases.
4
• Use a multi-year approach to achieve financial
sustainability
• Identify core services and focus on funding core
services
• Provide clear vision and direction from leadership
• Engage in a collaborative approach
• Prepare a long term financial forecast and plan to
achieve stability and sustainability
• Focus on funding core services
• Identify new ways of delivering city services at lower
costs
• Identify revenue enhancements
• Engage with key stakeholders
CITY COUNCIL MINUTES 23
1 OB -23
MAY 1, 2018
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1 OB -25
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1 OB -25
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CITY COUNCIL MINUTES 26 MAY 1, 2018
1 OB -26
ME NJ.
Revenue
Projected Values
$232.2M
Expenditure
$240.3M
Difference
($B.SM)
Adult -Use Retail Revenue
lenue -June 1018
i $2.0M
Projected Year -End Deficit
($6.iM}•
ecosedonAdult-Use Revenue& Management oJDepaltmentalExpe s
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CITY COUNCIL MINUTES 27 MAY 1, 2018
1 OB -27
NARY
FY •18-19 - GENERAL •
PRELIMINARY FY I8-19 GENERALFUND BUDGET
�tma
$17.IM8tidSet Gap' 919z9M
Q° $140.8M '
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Increases to Base Budget
Projected PERS_Increases
_ $5.9M _
2017-18 MOU Increases
$3.1M
Strategic Plan Funding _
_ $2.5M
OCFA & CARE Contract Increases
$2.OM
.Additional Type II Jail Funding*
$1.2M
Additional Workers Comp. Funding
$1.OM
Health Insurance Increases _ _
_ $746K _
Addition of Payroll Manager
$150K
''+�-k 'ZBf1-iBiWf dparV3iycarNndUV-Clry CoundfAeuonAu8usf201r 20
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Structural Deficit ($17.1)*
Ongoing Cost Reductions $4.81M
Ongoing Revenue Increases $3.1M
Use of Unallocated Fund Balance $6.9M
Use of One -Time Revenue $250K
Remaining Deficit ($2.OSM)**
'Original deficit of 918.9M plus $150K for new Payroll Managerpo]IDDn
**Maybe addressed bypreseryingthe $99M use of unellocatedfund balance in FY 2017-18
'� d/ ii
CITY COUNCIL MINUTES 28 MAY 1, 2018
1 OB -28
Structural Deficit
($17.1)'
Ongoing Cost Reductions
$4.8M
Ongoing Revenue Increases
$3.IM
Use of Unallocated Fund Balance
$6.9M
Use of One -Time Revenue
$250K
Remaining Deficit
($2.OSM)""
'Original deficit of $16.9M plus $150K for new Payroll Manager position
—Maybe addressed by preserving the S93M use of unallowed fund balance in FY 2017-18
py 21
Ongoing Cost Reductions $4.8M
• Departmental Budget Impacts IsmNsi
• Cost Saving Strategics 14ma:yaw:-SLSMI
• Reducing Strategic Plan Funding Level ISrooKI
• PERS Safety Prepayment Savings tMK)
Ongoing Revenue Increases $3.1M
• Commercial Cannabis (sz,6n3: u3 ar weinlsdamounr)
User Fee Study (54asu panwlvew)
A�' • Advertising/Marketing Opportunities (51aoK ta,pmyscanommendanonl 22
. �r///////////////!///////!///////////////////////I
PRELIMINARY
DEPARTMENTAL aY
Police Department: $137M
• Ongoing Cost Reductions! $883K
• SI}It9eeY6ct dtislrinCmt 5Fur4+el'+OA)IMCrmpnaGwrtllareement
• J}roeArvvartrmuxlsai'vyNws ramei+Yrrierilwanapareel
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• J198tAddlliprWPxWefteWlM n_wewe
• JIH}tae'vrburvmentNYhoalRnwnw Olfun-OC41
Parks & Library: $270K
• $WCaeeYaRerrutiPluNir9(w XaMPlaaaNlMtaaeuw+it
• JJatansa offle g[raryonauNays
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CITY COUNCIL MINUTES 29 MAY 1, 2018
1 OB -29
Planning & Building. $169K
• $156X: Reductionincontractservices budget
• $13K: Reductionin operatingmatenals&supplies
Public Warks: $101K
• $101K: Reductlonin utilities as a msultef savings from 5treetllght project
All Other Departments(Ory Manage, ory Anomey, Gly omk, MA, Fl nco, m): $240K
• Reductions in various line -items: contract services&personnel costs tied to
posltlon ceallotanons.
City ManagerY Office 54ok
Cityml=" $53K
Cily Clerk_ _ $116K
Comlma,dly D'v Iopmem 512K
(y Finanm$95K
Human ResovrcH SE2K 24
FY 18-19
ADDITIONAL e 1
Additional Budget Requests:
• Three Parking Control Officers (cost offset by additional revenue)
• Reallocation of Positions (LKigadom Asn. to Paraiegal,sr.Ofice Asn.to
Exec Sec to the chief. etc.)
• $20K Restroom maintenance twice a day at City parks
• November 2018 Election Costs - $325K (one-time)*
• Additional General Plan Funding -$250K (one-time),
• Matrix/Time Entry System Upgrade —$400K(one-time)•
* Use of $S.OM from Agency Deposits (Fund 98)
r� s
• Quality of Life Team & Homeless • Enterprise Fund Compliance
• More Youth Programing • Worker's Compensation
• Funding to Enhance Economic Dev. • Liability Increases
• Additional Police Officer • City Hall Seismic Retrofit
Recruitments
• Maintain Reserve Policy Funding • SARTC Improvements
Ilevels
• Facility Deferred Maint. & Vehicles • PERS Challenges
• Information Technology
Infrastructure
CITY COUNCIL MINUTES 30 MAY 1, 2018
1 OB -30
PROJECTED PERS IMPACT
(ALL FUNDS)
sum
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Held 5 Budget Community Meetings (Budget, Strategic Plan & CIP)
March 29,2018- Sunshine Ordinance Meeting
April 4,2018 - Santa Ana Lawn Bowling Club
April 11, 2018- Madison Elementary School
April 12, 2018 -Adams Elementary School
April 26, 2018- Com -Link Meeting
Total or 170 participants
Need fm dtvelvrya�ypuihpmgrams--• Addd'nnalmmmaniry pmerams �_
Investinyou[h � . Atldt3nelaM1horM1mdstteetlmprarc mY a
• 5hin flmdnglmmpublivY/erymppmh Addresspa6n8issY?s �- � � _I
pro8ramz �
• Nced loraddiriorulpa�4 Addrxssfmmelxzsncss
I•' Need foralbrdatlehouzM$
CITY COUNCIL MINUTES 31
1 OB -31
MAY 1, 2018
Held 10 Presentations with City Employees and Union Leadership
February 20— POA Leadership
February 28—Police Department Senior ManagementTeam
March 2—CASA Leadership
March 7— Open to all employees. Held at Council Chambers -
March 7—Open to all employees. Held at the City Yard -
March 8—Open to all employees. Held at the Police Community Room'
March 14—Open to all employees. Held at Council Chambers'
March 15—SEIU Leadership
March 15—Open to all employees. Held at the Police Community Room
April 30—Open to Police.Department5taff
*Presentation invitation sent too 11 City employees
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CITY COUNCIL MINUTES 32 MAY 1, 2018
1 OB -32
GENERAL
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34
CITY COUNCIL MINUTES 33 MAY 1, 2018
1 OB -33
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CITY COUNCIL MINUTES 33 MAY 1, 2018
1 OB -33
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CITY COUNCIL MINUTES 34 MAY 1, 2018
10 B-34
18119 CAPITAL IMPROVEMENT
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CITY COUNCIL MINUTES 35 MAY 1, 2018
1 OB -35
PUBLIC UTILITY I
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$3,255,000
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CITY COUNCIL MINUTES 36 MAY 1, 2018
1 OB -36
Saver
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CITY COUNCIL MINUTES 36 MAY 1, 2018
1 OB -36
TOTALCAPITAL
IMPROVEMENT PROGRAM
(CIP)
.. 6780,855,761
U01
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44
® CIP
PROJECT
TRACKING
NIL ---- ------- m
- May 15 - City Council Work Study Presentation
-June 5 - in Reading of the Budget/CIP
- lune 19 - 2nd Reading of the Budget/CIP
a July 1- New 2018-19 Fiscal Year Starts
?Fa <6
Council discussion ensued:
CITY COUNCIL MINUTES 37 MAY 1, 2018
1 OB -37
OLO 7aY
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■City Fa<IYM1res
44
® CIP
PROJECT
TRACKING
NIL ---- ------- m
- May 15 - City Council Work Study Presentation
-June 5 - in Reading of the Budget/CIP
- lune 19 - 2nd Reading of the Budget/CIP
a July 1- New 2018-19 Fiscal Year Starts
?Fa <6
Council discussion ensued:
CITY COUNCIL MINUTES 37 MAY 1, 2018
1 OB -37
Councilmember Benavides, asked staff if projected $10.2 million revenue from
U.S. Marshal contract will be met and if contract will remain revenue positive.
Opined there was a $10.1 million estimated increase in revenue and $5.9 million
increase in expense, cannabis tax revenue to be allocated towards community
benefit, and priority towards youth programs. Expressed concern as to future of
Orange County Fire Authority (OCFA) and need to have exit clause options.
Further budget and revenue discussion ensued.
Deputy City Manager Cortez, initial budget estimated jail revenue at $2.7 million,
addition of U.S. Marshal short term agreement increased revenue estimate to
$10 million and is projected to hit $10 million mark. Opined some departments
are operating with minimal staffing and are no longer effective or efficient, need
to redefine what a core service is, and police expenditures will meet current
budget,
City Manager Godinez, noted City of Santa Ana would not be impacted if other
cities pull out of OCFA and fee based city are separate from other cities.
Addressed anticipation of cannabis tax revenue is based on floor area.
Division Chief Black, noted City of Santa Ana would not see any upcharge for
any service provided by OCFA if any entity within OCFA decides to leave.
Councilmember Sarmiento, asked staff for balance of the operating reserve.
Noted reserve policy limits access to funds unless City Council votes with two-
thirds majority, current deficit amount at $17.1 million, and reserve funds may be
exhausted by 2021. Opined need to reinvent the city, redefining service delivery,
ways to continue necessary services to community, need to search for bonding
opportunities, and offering naming rights to city assets for revenue generating
purposes. Asked City Attorney to provide update on California Supreme Court
case regarding Public Employee Retirement System (PERS). Further budget
and revenue discussion ensued.
City Attorney Carvalho, provided City Council with update on ongoing California
Supreme Court case regarding PERS which is examining whether the State of
California and local agencies can make changes to vested PERS rights and
ability to make adjustments.
Councilmember Villegas, asked staff if $131 million police budget includes
funded positions, noted police budget includes 55 vacancies, current police
officer rate is .9 per capita, and officer rate is half of the standard 1.8 per capita.
Councilmember Solorio, noted previous City Council discussion on hotel visitor
occupancy tax and sales tax that may be placed on the November ballot that are
not included in the presentation, adult use cannabis was approved with
condition that revenue would go towards enforcement, youth programs, and
some administration. Expressed need to continue with council approved
direction, staff role is to implement policy approved by City Council, any
recommended change must be presented to City Council to reallocate funds
CITY COUNCIL MINUTES 38 MAY 1, 2018
1 OB -38
rather than it being a staff driven internal decision, and need for creativity in
generating revenue. Further budget and revenue discussion ensued.
Councilmember Tinajero, opined City Council must be very strategic when
delivering information to staff and identify what truly is important. Expressed
frustration of staffs inability to create structure or innovation in generating
revenue. Noted conversation should include creation of new revenue and not
just about cutting expenses. Expressed need to have innovative thinking and
urged staff members to think outside of the box to bring revenue to the city
immediately.
Mayor Pro Tem Martinez, noted City of Santa Ana is a full service city, current
proportional tax rate at 1%, City of Santa Ana collects 19% of the proportional
tax collected within its boundaries, and compared tax rates to surrounding cities.
Opined revenue, land use, zoning, and sustainability matters. Identified two
major sources of revenue for the City of Santa Ana as sales and property tax,
opined city receives more sales tax than property tax; and amount of revenue
being generated is insufficient to sustain a full service city. Noted lion's share of
the budget goes to public safety because community values public safety, city
departments are currently bare bones, and City cannot move forward unless
council and community updates its general plan and zoning code. Expressed
need to focus on property tax for revenue generation for a true economic
development strategy. Further budget and revenue discussion ensued.
Mayor Pulido, expressed need to be more efficient, find money for jobs that
produce more money, and to use city properties for revenue generation.
Directed staff to determine current amount of public works inspectors, and extra
positions in Building and Planning Agency that could assist in expediting
projects. Opined City is being impacted by homeless issue and need to work
with other cities so they carry their fair share. Further budget and revenue
discussion ensued.
PUBLIC HEARING
75A. AGENDA ITEM CONSIDERED EARLIER.
*Mayor Pulido left the City Council meeting at 9:36 P.M. and did not return.
75B. PUBLIC HEARING - ADOPT A RESOLUTION DECLARING INTENT TO
CHANGE THE WARD BOUNDARIES; HOLD PUBLIC HEARINGS 1 AND 2 ON
MAY 1, 2018 AND MAY 3, 2018 RESPECTIVELY; AND ADOPT RESOLUTION
DECLARING INTENT TO PLACE A CHARTER AMENDMENT FOR VOTER
CONSIDERATION REGARDING BY -WARD ELECTIONS (STRATEGIC PLAN
NO. 5, 1) - Clerk of the Council Office
CITY COUNCIL MINUTES 39 MAY 1, 2018
1 OB -39
Legal Notice published in the Orange County Register on April 21, 23, 28, and
30, 2018; La Opinion on April 26, 2018; Nguoi Viet on April 25, 2018; Chinese
Daily News on April 27, 2018; and Korean Daily on April 26, 2018.
Clerk of the Council, Mara D. Huizar, introduced consultant with Redistricting
Partners, Mr. Paul Mitchell, who will be leading the city in the Ward Reboundary
effort.
0020 REDISTRICTING
41M PARTNERS
Redistricting Overview
City of Santa Ana
Overview of CVRA and
Redistricting Process
00 RERISTRICTIN6 r------- -. _ _�
00 PART14ERS
What is the CVRA?
The California Voting Rights Act is a state law that
prohibits the use of At -Large election systems in local
government if there is racially polarized voting.
Al Large" is defined as anything other than a system in which an
elected official lives In a district. and Is only elected by members
of that district.
"Racially Polarized Voting" is determined through an analysis
which quantifies the amount of voting which can be shown to be
correlated to race.
CITY COUNCIL MINUTES 40 MAY 1, 2018
10 B-40
Sit REDISTRICTING
04) PARTNERS
What is the CVRA?
The California Voting Rights Act takes the principles of the
Federal Voting Rights Act and expands it regarding
districted elections in two key ways:
While Federal law uses "majority minority" districts as a standard
for vulnerability, the CVRA only requires 'ability to Influence."
The NRA requires that plaintiffs get full reimbursement for legal
fees associated with any successful challenge.
00 REDISTRIC
PARTNERSTItl6
What is Redistricting
Redistricting is the process of changing election district
boundaries for a jurisdiction that currently has district
lines.
In the case of Santa Ana, the redistricting process is being
coupled with a conversion to single -member districts
(often referred to as By -Ward Election) in compliance with
the California Voting Rights Act
00 REDISTRICTING
04) PARTNERS
Traditional Redistricting Principles
Should be followed by City of Santa Ana
There are a number of criteria that have been used
nationally and upheld by courts.
• Relatively equal size - people, not citizens
• Contiguous— districts should not hop/jump
• Maintain "communities of interest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
CITY COUNCIL MINUTES 41 MAY 1, 2018
1 OB -41
IDO REDISTRICTING
04) PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
There are a numberof criteria that have been used
nationally and upheld by courts.
• Relatively equal size - people, not citizens
• Contiguous— districts should not hop/jump
• Maintain "communities of interest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
00 REDISTRICTING
00 PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
The "equal size" for the purposes of redistricting comes
from the 2010 Census papulation.
2010 Population: 324,585
• Median District Size: 64,917
5% Deviation Largest: 66,540
Smallest: 63,294
00REMSTRICTING
AIN PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
Other measures of population can be considered in line
redistricting process, but NOT for the actual size of the
districts, which has to use 2010 Census Population.
• Current ACS Population: 332,935 (2.5% Growth)
• ACS Adult Citizens: 140,419
• Current Voter Registration: 98,322
CITY COUNCIL MINUTES 42 MAY 1. 2018
10 B-42
000 0 PAR EICTIN6
Traditional Redistricting Principles
Should be followed by Local Agencies
There area number of criteria that have been used
nationally and upheld by courts.
Relatively equal size - people, not citizens
Contiguous— districts should not hop/jump
Maintain "communities of interest"
Follow city/county/local government lines
Keep districts compact—appearance/function
OO REDISTRICTING
00 PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
There are a number of criteria that have been used
nationally and upheld by courts.
• Relatively equal size - people, not citizens
• Contiguous—districts should not hop/jump
• Maintain"communities of interest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
Sao REMMICTING
00PARTNERS
Communities of Interest
Bringing like people together for representation
What is a community of interest includes ethnic and
language minorities and other groups.
Communities covered by the Voting Rights Act
Latinos
Asians
African Americans
Religious communities .
Other Nationality/Ethnic communities
CITY COUNCIL MINUTES 43 MAY 1, 2018
10 B-43
60 REDISTRICTINGE--
@i) PARTNERS
City of Santa Ana
Latino and Asian Communities
There are densities of Latino and Asian population that
will need to be considered in line drawing process.
• For ethnic populations we are concerned with the "Citizen Voting
Age Population" (CVAP) as calculated by the US Census in annually
through the American Community Survey.
Base ethnicity of the district shows 17% Asian and 60% Latino
CVAP. However, these populations are not evenly distributed -
there are strong concentrations of each in parts of the district.
cio REDISTRICTING
04) PARBIERS
City of Santa Ana
Latino and Asian Communities
CITY COUNCIL MINUTES 44 MAY 1, 2018
10 B-44
CITY COUNCIL MINUTES 45 MAY 1, 2018
1 OB -45
00 REDISTRICTING
00 PARTNERS
Communities of Interest
Bringing like people together for representation
Other communities, generally known as "communities
of interest" can be determined by the council or the
public. Some examples are:
• People living near an industry
(agricultural, aerospace, downtown)
• Senior Citizen communities
• Coastal / River access communities
• Environmental Interests
• Homeowners or Renters
00 REDISTRICTING
040 PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
There area number of criteria that have been used
nationally and upheld by courts.
• Relatively equal size - people, not citizens
• Contiguous— districts should nothop/jump
• Maintain "communities of interest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
OO REDISTRICTINGL—_
00 PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencies
There are a number of criteria that have been used
nationally and upheld by courts.
• Relatively equal size - people, not citizens
• Contiguous— districts should not hop/jump
• Maintain "communities of interest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
CITY COUNCIL MINUTES 46 MAY 1, 2018
10 B-46
00 PARTNERS
City of Santa Ana
Current Dis
f0S 0 MISTERS NS P.s..d. --""—®
City of Santa Ana
Neighborho
CITY COUNCIL MINUTES 47 MAY 1, 2018
10 B-47
este RERISTNIETINR
4169 PARTNERS
City of Santa Ana
School Districts
U 1M
O
CITY COUNCIL MINUTES 48 MAY 1, 2018
' m
00 NERISTRION6
049 PARTNERS
City of Santa Ana
State Legisla
REDWRI
O
0PARTIEERL7III6
City of Santa Ana
Congressional
CITY COUNCIL MINUTES 49 MAY 1, 2018
10 B-49
00 REDISTRICTING
00 PARTNERS
City of Santa Ana
Precincts
CITY COUNCIL MINUTES 50 MAY 1, 2018
10B-50
100 PAR711ERSS p
City of Santa Ana
Next Steps
The next steps:
1. Raoptaraw4fronlecbline llm(oy's iaten(4n to plrte a (l,,ror Amandrrepl for wtet
anvtlerndon on Via Na+emher6,2018General Municipal El.7ian to chase fmm at large
m ey-Wud Hatton" to, olmNo-emhen
2. Me,. loa a. ,J11k1g Na Gtv't Mo. to [unsNer'hell. l»uMary brYsul
Mid, and rids ha tilra and plate el raid haw, to he h1u on fAay A. May 3. May 1S.
k'"19 .,id )a oS•2018.
3. Hold the fVn Puh triuln& taQlit W n a u Iji Vie m to, and ary proroa ,reu*.v the
uiterl2 used to modify Ward LOr,odwks. a W alMm video to submit their Me" fol
,,VoroV-wrriunides of imefm! to co n, Wr, b It, nart Wa oda1V s.
o- Hold the%<oid Mblic He3i1, ui 11 wtdry,Mav 3, 2018 dI5U0in Vie COUKICIvmLrlu
an Mjomncd eeduhr N1.1,14 of t1. CM Councit
00 REOISPRICTIt16
00 PARRIERS
City of Santa Ana
Community Input and Outreach
1. Attend the public hearing and be engaged in the process.
2. Submit comments toecomment@santa-ana.ore
3. Request a presentation for your group/membership to learn
more about the process, such as neighbor associations, non-
profit organizations, etc. by contacting the Cle1k of the Council
Office at 714 647-6520.
Im
CITY COUNCIL MINUTES 51 MAY 1, 2018
1 OB -51
Mayor Pro Tem Martinez opened the Hearing. Clerk of the Council Maria
confirmed the written communication was received and circulated to council.
Councilmember discussion ensued:
Councilmember Tinajero, opined need to maintain what is currently in place,
draw lines after election takes place without removing elected Councilmembers,
and to move forward to ensure ward elections are on November ballot. Noted
waiting until after election would provide more time to make a better decision
and would bring stronger democracy to residents by giving them more of a voice
through the ward election process.
Councilmember Sarmiento, referenced minimum legal requirement to have five
public hearings and need to go above and beyond the minimum requirements to
address community groups, neighborhood associations, and advocacy groups.
Noted many ways to define community of interest, population vote diluted by at
large system currently in place, encouraged public to participate, need to be
explicit to what is on the ballot, and need to have ability allow individuals to draw
their own maps on city website. Further discussion ensued.
Councilmember Benavides, inquired what numbers will be used to determine
population size. Noted 2020 Census results will not come out until 2022, steps
taken towards new ward boundaries is a remedy to address ongoing California
Voters Rights Acts litigation filed against the City of Santa Ana, 2010 census
numbers were very likely undercounted, and anticipation that 2020 census will
be more skewed given the climate and potential questions that are being
presented by the current administration.
Consultant, 2010 census will define population number, 2010 census was faulty
because it there was a significant undercount in the City of Santa Ana, American
Community Survey will define the ethnic composition of citizen voting age
population, and various data that can help inform the process but doesn't have
legal standing.
The following speakers commented on said item:
• Theresa Le, expressed disappointment in the underrepresentation of the
Vietnamese community. Opined attention has been drawn towards politics at
the loss of what is important and the election system leaves most of the
population feeling poorly unrepresented. Urged City Council to move towards
a fair and inclusive process for a new district election system.
• Dave Hoen, opined we have run out of excuses and need to go towards a
fair representation of all residents.
• Miguel Hernandez, on behalf of Santa Ana Fair Election Coalition, echoed
statements made by Theresa Le. Opined need to move forward with
redrawing of the maps to ensure the Vietnamese community is represented
CITY COUNCIL MINUTES 52 MAY 1, 2018
1 OB -52
• Paul Gonzales, expressed support for district election in November. Opined
redrawing of maps does not make sense until district election has been
approved by the public.
• Ken Nguyen, on behalf of Vietnamese residents, opined redrawing of ward
boundaries is very important to the Vietnamese community, ability to have
their own representation on the City Council, and Vietnamese vote will make
an impact in city elections.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-031 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, DECLARING ITS INTENT
TO PLACE A CHARTER AMENDMENT FOR VOTER CONSIDERATION
ON THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION BALLOT
TO TRANSITION FROM AT -LARGE TO BY -WARD COUNCILMEMBER
ELECTIONS PURSUANT TO CALIFORNIA ELECTION CODE SECTION
10010(e)(3)(A)
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solodo
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (6)
None (0)
None (0)
Pulido (1)
Councilmember discussion continued:
Councilmember Solorio, opined concerns made by the Vietnamese community
were legitimate, city possibly out of compliance with the California Voters Rights
Act, need to perform a series of hearings and maps, and approval of wards will
require five votes.
Councilmember Villegas, noted census numbers being used are eight years old.
Expressed opposition to item.
*Mayor Pro Tem left the City Council meeting at 10:26 P.M. and did not return.
Councilmember Benavides will chair the balance of the meeting.
CITY COUNCIL MINUTES 53 MAY 1, 2018
1 OB -53
Councilmember Sarmiento, inquired in the event, as we move forward in this
election cycle, that if the City does not achieve a two-thirds majority to draw new
lines, would we default to our existing lines if in fact the voters approve a change
from at -large system to by -district system.
2. Adopt a resolution.
RESOLUTION NO. 2018-032 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, DECLARING ITS INTENTION TO
CONSIDER CHANGES TO BOUNDARY LINES OF WARDS, AND FIXING
THE TIME AND PLACE OF SAID HEARINGS THEREON
MOTION: Tinajero
SECOND: Sarmiento
VOTE: AYES:
Benavides, Sarmiento, Solorio, Tinajero, (4)
NOES:
Villegas (1)
ABSTAIN:
None (0)
ABSENT:
Pulido and Martinez (2)
3. Open and Close the first Public Hearing that will explain the re -
boundary process, review the criteria used to modify Ward boundaries,
and allow residents to submit their ideas for potential "communities of
interest" to consider in the new boundaries.
4. Hold Public Hearing No. 2 on the Ward Re -boundary process on May 3,
2018 at the Adjourned Regular City Council Meeting to be held at 5:00
in the Council Chamber.
RECESSED CITY COUNCIL MEETING AT 7:25 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED AT 7:26 P.M.
ADMINISTRATIVE MATTERS — BUSINESS
60D. RECEIVE AND FILE THE REAL PROPERTY DISPOSITION ADMINISTRATIVE
POLICY {STRATEGIC PLAN NO. 3, 5A} - Community Development Agency
MOTION: Continue consideration of matter to the June 05, 2018 City
Council Meeting.
MOTION: Sarmiento
VOTE: AYES:
SECOND: Tinajero
Benavides, Sarmiento, Solorio, Tinajero,
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Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Martinez (2)
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. AGENDA ITEM CONSIDERED EARLIER.
WORT( STUDY SESSIONS — AGENDA ITEMS WS -1 AND WS -2 CONSIDERED EARLIER.
COMMENTS
PUBLIC COMMENTS (Non-Agendized items considered earlier.)
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, informed City Council of police department open house
event on May 12, 2018 and encouraged community to attend.
90B. CITY COUNCILMEMBER COMMENTS
• Councilmember Sarmiento, wished all a "Happy Mother's Day," opined need
to respect the public and staff time, to keep to a strict schedule and
commence open session at 6pm, condense presentation to one per meeting,
and limit City Council comment time to three minutes.
• Councilmember Tinajero, echoed statements made by Councilmember
Sarmiento. Directed staff to provide a stopwatch at the next council meeting
to time Councilmembers comments, limit Councilmember to one presentation
per month, and limit Councilmembers to three-minute discussion per agenda
item.
• Councilmember Solorio, provided report on ribbon cutting ceremony for the
new children playground at Chepas park.
• Councilmember Villegas, provided report out on Youth, Education, and
Community Services Council Committee.
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• Councilmember Benavides, thanked staff for the efforts in presenting budget
work study. Directed staff to provide City Council with update on branding
strategy plan. Encouraged residents to shop local and support local jobs.
ADJOURNED - 10:47 p.m.
Adjourn Meeting to
Thursday, May 3, 2018 at
5:00 p.m. in the
Council Chamber,
22 Civic Center Plaza,
Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Fiscal Year 2018-19 Budget
• Bristol Street Corridor Plan Update
• Policy on Use of General Reserve and Enterprise Funds
• Amendment to Metro East Mixed -Use Overlay District
• Jail Reuse Study
• Work Study Sessions:
o Work Cooperative
• Ordinance — Liability Fund
• Resolutions regarding November 6, 2018 General Election
o Councilmembers for Ward 2, 4, 6 and Mayor seats; and Charter Amendments
Regarding Mayor's Signature Authority and By -Ward Elections
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