HomeMy WebLinkAbout2018-09-18 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 18, 2018
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
SAL TINAJERO
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — NONE
COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:16 P.M.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code:
CITY COUNCIL MINUTES 1 SEPTEMBER 18, 2018
a. 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)
b. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S.
District Court (Central District of California), Case No. SA CV 18 -0155 -
DOC (KESx)
c. Tammy Franks v. City of Santa Ana, Orange County Superior Court,
Case No. 15-cv-00108-JVS-DFM
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiators: Executive Director of Human Resources,
Steven V. Pham, and Peter Brown of Liebert
Cassidy Whitmore
Employee Organizations: • Santa Ana Police Officers Association
(POA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Service Employees' International Union
(SEIU) Part -Time
3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of
the Government Code:
Title: Executive Director of Finance and Management Services
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.
ADJOURNED THE CLOSED SESSION MEETING AT 6:14 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 SEPTEMBER 18, 2018
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:16 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
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
DAVE MITCHELL, POLICE CHAPLAIN
• PROCLAMATION presented by MAYOR PULIDO naming September 17, 2018 as
Constitution Day and Citizenship Day.
• PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming September
as Hispanic Heritage Month.
CLOSED SESSION REPORT — No reportable action.
PUBLIC COMMENTS
• Gabriela Gonzalez, extended an invitation for all to attend the domestic violence
awareness event.
CITY COUNCIL MINUTES 3 SEPTEMBER 18, 2018
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent
Calendar items10A through 32A with the following modifications:
Mayor Pro Tem Martinez pulled agenda items 22A, 25A, 25D, 25F, 25G, 25H,
and 251 for separate discussion; and dissented on Agenda Item 25J;
Councilmember Sarmiento pulled Agenda Item 25C for separate discussion.
MOTION: Villegas SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 4, 2018
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.
11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REGARDING TELECOMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
Placed on first reading at the September 4, 2018 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on September 7, 2018.
CITY COUNCIL MINUTES 4 SEPTEMBER 18, 2018
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO NS -2954 -AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA
MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES
IN THE PUBLIC RIGHT-OF-WAY
BOARDS / COMMISSIONS / COMMITTEES
13A. AGENDA AND MINUTES OF THE SPECIAL MEETING OF ECONOMIC
DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY,
AUGUST 20, 2018 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council
Office
MOTION: Receive and file.
13B. APPOINT DANIEL DE LA CRUZ TO THE YOUTH COMMISSION FOR A
PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 1
ALTERNATE REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of
the Council Office
MOTION: Appoint Daniel De La Cruz to the Youth Commission as an
Alternate Member representing Ward 1 (replaces C. Fausto).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. RECEIVE AND FILE REPORT FROM THE LEGISLATIVE AFFAIRS,
ETHICS, TRANSPARENCY AND COMMUNICATIONS COUNCIL
COMMITTEE {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Receive and file.
19D. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2018
{STRATEGIC PLAN NO. 5, 11 - City Manager's Office
CITY COUNCIL MINUTES 5 SEPTEMBER 18, 2018
The Strategic Plan Monthly Reports are available on the City's website at:
http://www.santa-ana.or_q/strategic-planning .
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENT RECOGNIZING
EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OF
JUSTICE TO ENHANCE LAW ENFORCEMENT OPERATIONS
{STRATEGIC PLAN NO. 1.3} Police Department
MOTION: Approve appropriation adjustments. (Requires five
affirmative votes).
1. APPROPRIATION ADJUSTMENT NO. 2018-189 - Recognizing
$474,316 in the Equitable Sharing — DOJ revenue account and
appropriate same to the Equitable Sharing — DOJ expenditure accounts
for the 2017-18 fiscal year.
2. APPROPRIATION ADJUSTMENT NO. 2019-024 - Recognizing
$172,695 in the Equitable Sharing — DOJ revenue accounts and
appropriate same to the Equitable Sharing — DOJ expenditure accounts
for the 2018-19 fiscal year.
SPECIFICATION — PURCHASE OF EQUIPMENT AND SERVICES
22A. CONTRACT AWARD FOR FIRE ALARM SYSTEMS MAINTENANCE,
REPAIR, AND INSPECTIONS - SPEC. NO. 18-063 {STRATEGIC PLAN
NO. 6, 1 C} - Finance and Management Services Agency; and Public Works
Agency
Mayor Pro Tem Martinez, requested report on outreach efforts with local
businesses to inform them of contract opportunities; request staff have
active engagement program.
MOTION: Award contracts for citywide fire alarm systems
maintenance, repair, and inspections for a three-year period expiring
August 31, 2021, with provisions for two one-year renewals
exercisable by the City Manager, in an annual aggregate amount not
to exceed $100,000 subject to non -substantive changes approved by
the City Manager and City Attorney, with the following vendors:
CITY COUNCIL MINUTES 6 SEPTEMBER 18, 2018
Vendor
Cal Building Systems
Champion Fire Systems, Inc.
Majestic Fire Inc.
Omega Fire Inc.
Siemens Industry, Inc.
Telnet VOIP, Inc.
VFS Fire & Security Services
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
AGREEMENTS
Location
Brea
Rancho Cucamonga
Sherman Oaks
San Dimas
Cypress
EI Segundo
Orange
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25A. APPROVE AN AGREEMENT WITH BASIC HR SERVICES FOR
ADMINISTRATION AND TRACKING SERVICES OF EMPLOYEE LEAVES
OF ABSENCE AND A BUSINESS ASSOCIATE AGREEMENT
{STRATEGIC PLAN NO. 7, 5A) — Human Resources Department,
Mayor Pro Tem Martinez, thanked Executive Director of Human Resources
Pham for creating efficient and innovative systems.
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement with BASIC HR Services for an annual reoccurring
amount of $16,660 for Family Medical and Leave Act "FMLA"
Administration and other qualified leaves under Federal and State
Law and Tracking Services of these leaves and other employee
leaves of absence, for three (3) years for the period of September
1, 2018 through August 31, 2021 and with two (2) one year renewals
of $17,500 each additional year, not to exceed $85,000 over a five
(5) year period. Subject to non -substantive changes approved by
the City Manager and City Attorney; and (AGMT. No. 2018-218).
2. Authorize the City Manager and Clerk of Council to execute a
business associate agreement with BASIC to supplement the
CITY COUNCIL MINUTES 7 SEPTEMBER 18, 2018
BASIC "FMLA" Administration agreement and outline each party's
privacy rights and obligations under the BASIC agreement (AGMT.
No. 2018-219).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tina)ero, Villegas (7)
None (0)
None (0)
None (0)
25B. APPROVE AN AGREEMENT WITH COOPERATIVE PERSONNEL
SERVICES (CPS) TO CONDUCT A COMPENSATION STUDY OF
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA)
JOB CLASSIFICATIONS {STRATEGIC PLAN NO. 7, 4) — Human
Resources Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Cooperative Personnel Services (dba CPS
HR Consulting), subject to non -substantive changes approved by the
City Manager and City Attorney, to conduct a compensation study of
job classifications in the Confidential Association of Santa Ana
(CASA) bargaining unit in an amount not to exceed $24,999.99 for the
period of September 18, 2018 through June 30, 2019, with the option
of an extension in writing executed by the City Manager and City
Attorney (AGMT. No. 2018-220).
25C. APPROVE AN AGREEMENT WITH MERCY HOUSE LIVING CENTERS,'
INC., TO OPERATE AN INTERIM HOMELESSSHELTER IN SANTA ANA
{STRATEGIC PLAN NOS. 1,6; 5;4; 5,6) -Community Development Agency'
and City Manager's Office
Councilmember Sarmiento, asked how funds used towards interim
homeless shelter will be replenished; request staff provide options on how
to replenish account.
City Manager Godinez, no replenishment plan; current general guidelines
on how to offset fund use; potential to use revenue generated from sale of
City owned property, and plan to return to City Council with options.
CITY COUNCIL MINUTES 8 SEPTEMBER 18, 2018
Councilmember Sarmiento, noted that funds will be exhausted after the first
year, remaining funds have been designated in the current procurement
process, and funds have been used to augment and work with affordable
housing developers.
Mayor Pro Tem, introduced a friendly amendment to direct staff to develop
options for City Council consideration on use of proceeds from sale of City
owned property and/or use reserve or one-time funds to close the gap.
Councilmember Sarmiento, in support of friendly amendment. Noted
accessing funding from reserve policy would require two-thirds majority
vote.
Councilmember Solorio, in support of local Santa Ana based service
provider, service model proposed by Mercy House Living Center, and
request provider explore a number of properties that may be used as an
emergency shelter.
AMENDED MOTION:
1. Authorize the City Manager and the Clerk of the Council to execute
an agreement with Mercy House Living Centers, Inc., to operate an
interim Emergency Homeless Shelter in Santa Ana for a period of
one year in the amount of $3.1 million commencing on the
execution date of the agreement, with the option to renew for up to
one additional year exercisable by the City Manager and City
Attorney, in an amount not to exceed $6 million, including renewal
period, and inclusive of a $250,000 annual contingency, subject to
non -substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2018-221); and
2. Provide policy options for City Council consideration to close the
funding gap by either proceeds from the sale of City owned
property or declare local emergency and use reserve one-time
funds to augment the balance.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 9 SEPTEMBER 18, 2018
25D.
Mayor Pro Tem Martinez, requested update on contracted parking
enforcement services.
Councilmember Benavides, echoed comments made by Mayor Pro Tem
Martinez. Commented that parking enforcement agents are representatives
of the City, overzealous parking enforcement in Downtown area, and
consequence of negative experience by visitors.
Councilmember Solorio, requested data on a regular basis; also, supports
local hire and public outreach.
MOTION; Authorize the City Manager and the Clerk of the Council to
execute an amendment to the existing agreement with Serco, Inc. for
parking enforcement services, revising language related to insurance
requirements, prevailing wage, local employment opportunities, and
other changes related to scope of services, subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2018-222).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25E. APPROVE AN AGREEMENT WITH DUDEK FOR CONSULTING WATER
ENGINEERING SERVICES FOR CENTENNIAL LAKE RENOVATION
(PROJECT NO. 18-2681) {STRATEGIC PLAN NO. 6, 1 G} — Public Works
Agency; and Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Dudek for a two-year term beginning
September 18, 2018, and expiring on September 17, 2020, with two
one-year renewal options exercisable by the City Manager and the City
Attorney, to provide consulting water engineering design services for
CITY COUNCIL MINUTES 10 SEPTEMBER 18, 2018
Centennial Lake Renovation, in the total amount not to exceed
$217,726, which includes a five percent contingency in the amount of
$10,368, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-223).
25F. APPROVE AN AGREEMENT WITH TETRA TECH FOR LINCOLN
AVENUE PEDESTRIAN PATHWAY DESIGN CONSULTING SERVICES
(PROJECT NO. 17-6802) {STRATEGIC PLAN NOS. 6, 113; 1C; 1G} -
Public Works Agency
Mayor Pro Tem Martinez, highlighted Lincoln Avenue pedestrian pathway
project. Noted grant funding process may take up to two years; and thanked
staff for implementation of pedestrian pathway with use of State grants,
allowing opportunities for pedestrians to walk in a safe manner.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Tetra Tech for a three-year term beginning
September 18, 2018, and expiring on September 17, 2021, with two
one-year renewal options exercisable by the City Manager and the City
Attorney, to provide design consulting services for the Lincoln
Avenue Pedestrian Pathway Connectivity project, in the total amount
not to exceed $149,786, subject to non -substantive changes approved
by the City Manager and City Attorney (AGMT. No. 2018-224).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Martinez,
Tinajero, Villegas (6)
None (0)
None (0)
Pulido (1)
Sarmiento, Solorio,
25G. APPROVE AN AGREEMENT WITH WESTBOUND COMMUNICATIONS
INC. FOR 'READY OC" EMERGENCY PREPAREDNESS AND "IF YOU
SEE SOMETHING, SAY SOMETHING TM" PUBLIC AWARENESS
CAMPAIGNS {STRATEGIC PLAN NO. 1 and 6} — Police Department
Mayor Pro Tem Martinez, directed staff to ensure public awareness
campaigns have the right message and are translated to appropriate
languages. Asked if program will be in conjunction with the City of Anaheim
and how message will be developed with consultant.
CITY COUNCIL MINUTES 11 SEPTEMBER 18, 2018
Police Chief David Valentin, noted public awareness campaign will use a
universal messaging platform that all contributing agencies access.
MOTION: Authorize the City Manager and Clerk of the Council to
execute the attached agreement with Westbound Communications,
Inc. for the period of September 18, 2018 through June 30, 2019, with
two one-year options for renewal, to continue the Ready OC
Emergency Preparedness Campaign and the "If You See Something,
Say SomethingT""' Public Awareness Campaign, for a total three-year
amount not to exceed $1,335,000, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2018-
225).
MOTION: Martinez SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Tinajero, Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido(1)
25H. APPROVE AN AMENDMENT TO AGREEMENT WITH OCEAN BLUE
ENVIRONMENTAL SERVICES, INC. FOR SPILL RESPONSE AND
STORM DRAIN FACILITY CLEANING {STRATEGIC PLAN NO. 6, 1C} —
Public Works Agency and Police Department
Mayor Pro Tem Martinez, inquired as to notable increase to sewer and
sanitation budget and requested clarification from staff.
Police Chief Valentin, noted jail facility deferred maintenance costs and
significant increase to jail population contributed to budget increase.
Police Administrative Manager Robert Carroll, added that increased budget
would allow proper cleanup of bio -hazard material.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an amendment to agreement with Ocean Blue Environmental
Services, Inc., to increase the annual expenditure amount from
$250,000 per year to $280,000 per year, subject to non -substantive
changes approved by the City Manager and City Attorney, increasing
the two-year agreement amount from $500,000 to $560,000, for the
CITY COUNCIL MINUTES 12 SEPTEMBER 18, 2018
period of June 20, 2017, through June 19, 2019, and the total
agreement amount, including two one-year extensions exercisable by
the City Manager and City Attorney, to $1,120,000 (AGMT. No. 2018-
226).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
251. AWARD OF LEGAL SERVICES AGREEMENT WITH BEST, BEST &
KRIEGER, LLP, RELATED TO LEGAL ANALYSIS OF PAYROLL
PRACTICES, CALIPERS REPORTING, AND FAIR LABOR STANDARDS
ACT COMPLIANCE {STRATEGIC PLAN NO. 1, 3, 4) — City Attorney's
Office and Human Resources Department
Mayor Pro Tem Martinez, thanked Executive Director of Human Resources
Pham for implementing payroll best practices that is efficient and ensure
compliance.
MOTION Authorize the City Manager and Clerk of the Council to
execute a legal services agreement with Best, Best & Krieger, LLP,
("Firm") in an amount not to exceed $200,000 related to legal analysis
of Payroll Practices including employee compensation, CaIPERS
Reporting, and Fair Labor Standards Act compliance starting
September 18, 2018 and ending on December 31, 2019 subject to non -
substantive changes approved by the City Manager and the City
Attorney's Office. Agreement may be extended for up to one (1) year
exercisable by the City Manager and Senior Assistant or Assistant City
Attorney (AGMT. No. 2018-227).
MOTION: Martinez
VOTE: AYES:
NOES:
CITY COUNCIL MINUTES
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
13
SEPTEMBER 18, 2018
ABSTAIN: None (0)
ABSENT: None (0)
25J. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY
ACQUISITIONS& 124,128 AND 230 EAST WARNER AVENUE FOR THE
WARNER AVENUE IMPROVEMENTS, PHASE1 (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 full and partial
acquisitions, and goodwill (if any), with the property owners listed
below, subject to non -substantive changes approved by the City
Manager and City Attorney:
No.
Property
Property
Owner
commonly
Acquisition
Amount
Agmt
known as /
Type
No.
location
124 E.
1
Francisco
Warner Ave.
Full
$395,000
2018-228
Quiroz
(APN 016-
031-37)
Francisco
128 E.
2.
Gutierrez
Warner Ave.
Full
$455,000
2018-229
Quiroz
(APN 016-
031-32)
Oscar
230 E.
3.
Alonzo,
Norma
Warner Ave.
Partial
$12,050
2018-230
Cortez
(APN 016-
Mendoza
031-40)
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Solorio
Benavides, Pulido,
Tinajero, Villegas (6)
Martinez (1)
None (0)
None (0)
Sarmiento,
Solorio,
CITY COUNCIL MINUTES 14 SEPTEMBER 18, 2018
MISCELLANEOUS - BUDGET
29A. APPROVE DONATION AGREEMENTS WITH VARIOUS
ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND
PROGRAMS {STRATEGIC PLAN NO. 5,4) — City Council
MOTION: Authorize the City Manager and Clerk of the Council to
execute agreements with various organizations in support of their
community events and programs, subject to nonsubstantive changes
approved by the City Manager and the City Attorney, as follows:
a. Heritage Museum of Orange County in support of the Sugar Skull
Workshop in celebration of Dia de los Muertos and Ghosts of OC
Trick or Treat, a free event open to the community, on October 26,
2018, in a one-time donation amount of $500 (Councilmember
Solorio);
b. Heritage Museum of Orange County in support of the Sugar Skull
Workshop in celebration of Dia de los Muertos and Ghosts of OC
Trick or Treat, a free event open to the community, on October 26,
2018, in a one-time donation amount of $500 (Councilmember
Benavides);
c. Heritage Museum of Orange County in support of the Sugar Skull
Workshop in celebration of Dia de los Muertos and Ghosts of OC
Trick or Treat, a free event open to the community, on October 26,
2018, in a one-time donation amount of $500 (Councilmember
Tinajero);
d. Charitable Ventures of Orange County in support of Willard
Neighborhood's Task Force's project to install street topper
signage to promote the "Love Where You Live" campaign, event
scheduled to launch September 13, 2018, in a one-time donation
amount of $1,500 (Councilmember Villegas).
LAND USE MATTERS
TENTATIVE PARCEL/TRACT MAPS
32A. APPROVING TENTATIVE TRACT MAP NO. 2018-03 TO SUBDIVIDE AN
EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE
CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED
CITY COUNCIL MINUTES 15 SEPTEMBER 18, 2018
AT 1102 NORTH KING STREET — AN HA, APPLICANT {STRATEGIC
PLAN NO. 3, 2) — Planning and Building Agency
Planning Commission approved recommended action on August 13, 2018
by a vote of 7-0.
MOTION: Receive and file the staff report approving Tentative Tract
Map No. 2018-03 as conditioned.
**END OF CONSENT CALENDAR**
CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO DANIEL
DE LA CRUZ, YOUTH COMMISSIONER
BUSINESS CALENDAR
RESOLUTIONS
55A. ADOPT REIMBURSEMENT AND PLEDGED REVENUE AND FUNDS
RESOLUTIONS FOR CLEAN WATER AND SAFE DRINKING WATER
STATE REVOLVING FUND CAPITAL IMPROVEMENT PROJECTS
[NONGENERAL FUND] {STRATEGIC PLAN NO. 6, 1G} — Public Works
Agency
MOTION. Adopt resolutions.
1. RESOLUTION NO. 2018-066 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES
AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE
STATE WATER RESOURCES CONTROL BOARD FOR THE
SEGERSTROM (SAN LORENZO) SEWER LIFT STATION PROJECT
2. RESOLUTION NO. 2018-067 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
REIMBURSEMENT OF FUNDING FOR THE SEGERSTROM (SAN
LORENZO) SEWER LIFT STATION PROJECT FROM THE STATE
WATER RESOURCES CONTROL BOARD
3. RESOLUTION NO. 2018-068 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES
AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE
STATE WATER RESOURCES CONTROL BOARD FOR THE SEWER
COLLECTION SYSTEM IMPROVEMENTS PROJECT
CITY COUNCIL MINUTES 16 SEPTEMBER 18, 2018
4. RESOLUTION NO. 2018-069 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
REIMBURSEMENT OF FUNDING FOR THE SEWER COLLECTION
SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER
RESOURCES CONTROL BOARD
5. RESOLUTION NO. 2018-070 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES
AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE
STATE WATER RESOURCES CONTROL BOARD FOR THE
AUTOMATED METER INFRASTRUCTURE PROJECT
6. RESOLUTION NO. 2018-071 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
REIMBURSEMENT OF FUNDING FOR THE AUTOMATED METER
INFRASTRUCTURE PROJECT FROM THE STATE WATER
RESOURCES CONTROL BOARD
7. RESOLUTION NO. 2018-072 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES
AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE
STATE WATER RESOURCES CONTROL BOARD FOR THE WATER
DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT
8. RESOLUTION NO. 2018-073 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
REIMBURSEMENT OF FUNDING FOR THE WATER DISTRIBUTION
SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER
RESOURCES CONTROL BOARD
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
55B. ADOPT RESOLUTION AMENDING THE LIST OF DESIGNATED
CLASSIFICATIONS REQUIRED TO FILE ANNUAL STATEMENT OF
ECONOMIC INTERESTS DISCLOSURE FORM AND REQUIRED
CITY COUNCIL MINUTES 17 SEPTEMBER 18, 2018
BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-074 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF
INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PUBLIC HEARINGS
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
75A. PUBLIC HEARING: HOLD SECOND HEARING REGARDING THE
PROPOSED WARD RE -BOUNDARIES {STRATEGIC PLAN NO. 5, 11 —
Clerk of the Council Office
Legal notice published in the Orange County Register on August 24 and 26,
2018; La Opinion on August 28 and 31, 2018; Nguoi Viet on August 27 and
31, 2018; Chinese Daily on August 29 and 31, 2018; and Korea Times on
August 28 and 31, 2018.
Presentation by consultant, Paul Mitchell with Redistricting Partners.
c,,, xcDismicnxs
00HRTXEAS
Traditional Redistricting Principles
Should be followed by City of Santa An.,
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 18 SEPTEMBER 18, 2018
y ; REDISTRICTING
9•Pr PARNERS
Traditional Redistricting Principles
$bond be tuliowed by Local Agencres
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 ofinterest"
• Follow city/county/local government lines
• Keep districts compact — appearance/function
00 REDISTRICTING
450 PARTNERS
Traditional Redistricting Principles
'I, J, 11 r.l ov.ed by Lo._al ASenues
The "equal size" for the purposes of redistricting comes
from the 2010 Census population.
• 2010 Population: 324,585
Median District Size: 54,098
• 5%Deviation Largest: 55,450
Smallest: 52,745
Gig REDISTRICTING ..,..._.
WO PARTNERS
Traditional Redistricting Principles
Should be followed by Local Agencres
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 19 SEPTEMBER 18, 2018
MONiOW'"E
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 "communitiesofInterest"
• Follow city/county/local government lines
• Keep districts compact—appearance/function
Communities of Interest
Bringing like people together for representation
What is a communityof 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
611RIS[INS
610 NY MP,1kTMENERS
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 V %Asian and 60%Latino
CVAP. However,thesepopulationsarenotevenlydistributed-
there are strong concentrations of each In parts of the district.
CITY COUNCIL MINUTES 20 SEPTEMBER 18, 2018
YSNFMMTRI M6
040 PMINM
City of Santa Ana
Latino and Asian Communities
CITY COUNCIL MINUTES 21 SEPTEMBER 18, 2018
Gi ,REDISTRICTING
00 PARTNERS -
Communities of Interest
Bringing Tike people together for represen ration
Other communities, generally known as "communities
of interest" can be determined by the councilor 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
CITY COUNCIL MINUTES 22 SEPTEMBER 18, 2018
ee RTP las
oommn
Traditional Redistricting Principles
Sbauld be follcnved by Loc, :, , - _
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
Q',,1 REDISTRICTING
PRO PARTNERS
Traditional Redistricting Principles
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
01% REDISTRICTING -
00 PARTNERS -- - - --
City of C., 4-,
Current Dis
CITY COUNCIL MINUTES 23 SEPTEMBER 18, 2018
So REWRICTIR6
00 iARfRGK
City Of Santa Ona
Neighborhoo�
`--
PODu4tion
CVRD
CVAP Utuw
CYADASIan
Artesia Pilar
13,260
5,182
_
4,112
82%
1 410
9%
Bella VhU
3,835
908
115
19%
Bnflol Memor DO4Mi40
339D
1291
105
54%
Derst"Val..."
2616
1,005
880
88%
Gsa Mich.
1,217
211
in
M
CaraDeSanlis o
109
SW
113
32%
1—
Carter Evergreen Co op
1,186
369
365
99%Centennial
Park
5,023
1,980
1,465
14%
CentalCity
6221
2115
I, 250
83%
Contorrt
151
435
in
43%
145
33%
Cwnemm�e V'dlage
5,853
940
110
82%
140
15%
pelt----�--
1,885
633
14%
N6
4% I
Downtown
2,a86
14
$6%
194
24%
13,026
963
89%
193
6%
k
1,694
15
4]%
210
2a%
Square
358
T795"4
60
51%
4
1%
FZhinten
2 399
55
10%
65
5%
Futter Park
619
3
51%
22
6%
__
Floral Dark
1,163
0
19%
BIFbvrer
Park
6,261
,m
52%
235
e% _
Frea6 Coun
4,691
199
620
18%
9
1%
so RAREORICEIN6
00 PARTNERS
City Of Canta Ana
scho'i )"A[
CITY COUNCIL MINUTES 24 SEPTEMBER 18, 2018
:i REDISTRICTING -
00 PARTNERS - -
City of Santa Ana
ilg REDISTRICTING
00 PARTNERS
City of Santa Ana
t
I
Current Unet
1
2
3
4
5
6
Population
53,095
54,480
54,772
54,194
53.563
53,881
Dineolion
11,0031
382
614
696
(5351
12111
-2%
1%
1%
1%
.1%
0%
18. CilomJCVAP)
22.613
16.410
30,800
24,668
20,426
25,502
43%
30%
56%
45%
38%
41%
lalloo CVAP
14,944
13,103
13.853
14,606
14,113
12,843
66%
30%
45%
59%
12%
50%
WAIIe CVAP
4,143
1,941
9,260
5,348
2,548
3,551
21%
12%
Sox
22%
32%
14%
Atrkan AonerNan CVAP
485
148
316
613
428
568
2%
1%
1%
2%
3%
2%
Asian CVAP
2.181
1,003
6.891
3.6%
2,525
8,068
Im
6%
22%
15%
12%
32%
CITY COUNCIL MINUTES 25 SEPTEMBER 18, 2018
REDISTRWINR
a>'&i PARTNERS
City of Santa Ana
--
PIA%A A 8 c D P P
Population 54.539 54,399 53,751 53.680 54,038 54.176
Devotion 441 301 (W) (418) 160) 78
I% 1% -1% .1% 0% m
18. Ci61eo5(CVAPI 27,031 20.808 27,179 25.585 17,295 22,526
SO% 38% 51% 48% 32% 42%
Latino CVAP 11,893 15.3W 13,168 14,900 14,170 14,636
a4% 74% a9x sax 82x u%
Wrote CVAP 2.915 2,345 10,335 5,373 1,807 4,622
11% 11x 38% 21% 10% 21%
Akio. Am m. CVAP 263 d4d 394 748 93 616
1% 2% 1% 3% 1% 3%
Asian CVAP 11.494 2,525 2,776 4,267 995 2.317
43% 121% IDM 1746 6% IOM
CITY COUNCIL MINUTES 26 SEPTEMBER 18, 2018
REDISTRICTING
e5 PARTNERS
City of Santa Ana
PIAN6
A
6
c
D
E
P
PoNIW.q
53.661
",497
54367
5317"
54,269
53.792
Dm 04
12141
399
269
(3041
171
13061
ON
I%OA
.1%
O%
.1%
16, C44ens ICVAPI
21.160
24316
26,164
225"
22235
IS,360
$25
d6%
48%
el%
41%
29%
Ul.. MP
11.212
IS,234
17A14
15467
11433
12.407
40%
56%
68%
68+4
54%
61%
WhiteN O
3.116
5,529
5.061
4,200
7,637
1.746
12%
11%
19%
l9%
) %
ll%
AI441n Amer64n MP
269
]SI
S06
393
44S
162
I%
3%
2%
Af
2%
1%
ASwn CVAP
12,462
4.466
2,407
2.163
1938
898
45%
17%
9A
IN
9%
09
CITY COUNCIL MINUTES 27 SEPTEMBER 18, 2018
00 REDISTRICTING
00 NRTNERS
City of Santa Ana
WAN[
A
8
C
D
8
P
POpula%iA
$3,852
53,158
55,083
54,848
53,494
56,148
DcHation
(266)
(940)
985
750
(604)
50
ON
rWl
2%
a sar
AN
ON
I$. Cnuen+ICVAP)
29,015
23568
20,253
22,779
27,823
16,981
54%
44%
37%
42%
52%
31%
Latino CVAP
11,277
15,473
WAN[
A
8
C
D
8
P
POpula%iA
$3,852
53,158
55,083
54,848
53,494
56,148
DcHation
(266)
(940)
985
750
(604)
50
ON
-2%
2%
19
AN
ON
I$. Cnuen+ICVAP)
29,015
23568
20,253
22,779
27,823
16,981
54%
44%
37%
42%
52%
31%
Latino CVAP
11,277
15,473
14,663
16,220
13,426
13,029
39%
66%
72%
71%
I8%
77%
White CVAP
6,012
4,101
2,502
4,161
10,533
2,077
14%
17%
12%
18%
38%
12%
Afiun Amerlon CVAP
283
712
487
330
423
313
1%
3%
2%
1%
2%
2%
Asian CVAP
12,846
3,057
3,450
1,706
2,905
1,410
44%
13%
12%
7%
10%
8%
CITY COUNCIL MINUTES 28 SEPTEMBER 18, 2018
00 REDISTRICTING
00 PARTNERS
City of Santa Ana
PI3n o
r•,
PU%0
A
e
c
0
E
E
PAP W1
53,SI5
51.1%
52,144
56,106
54Affi
55,401
OeWa"n
15831
(1,103)
(1,354)
2,006
321
1.309
IY('Wlen1((VAP)
16,411
1113W
14.018
24616
25.658
23,321
4936
43%
2M
51%
41%
42%
Whow( AP
10.81)
14,112
10,901
15.169
16,595
15,181
41%
66%
18%
55%
65%
65%
Whde CVAP
3,(158
4,651
1,199
9.696
5,332
21861
I2%
21%
139
N%
21%
12%
AW.n Ameli<an CVAP
193
459
193
444
4M
660
1%
1%
1%
2%
2%
4%
Alun CVAP
11.116
1,181
964
1,394
1,964
4,134
4196
!0%
8%
12%
18%
CITY COUNCIL MINUTES 29 SEPTEMBER 18, 2018
Mayor Pulido opened the Hearing. The following spoke on the matter
• Saira Rybi Velazquez, opined need to improve democracy and to
respect the rights of the voters and the community. Expressed support
for plan D.
Council discussion ensued.
Councilmember Solorio, noted workshop attendance at Delhi Community
Center. Expressed need to respect neighborhood association lines,
community north of 17th Street should remain intact, and inclusion of
broader Asian communities.
Councilmember Benavides, noted neighborhood associations' concerns as
to being divided and directed staff to provide community comment outlining
concerns. Requested timeline and process to produce final map plan,
consideration of creating a ward that uses the riverbed as a natural
boundary, and expressed concern over upcoming deadlines and lack of
map variations.
Paul Mitchell, City consultant, indicated final map plan must be made public
for two meetings starting with the October 30th City Council Meeting with
final map approval on November 23rd. Final map plan will be chosen by
City Council with input from community groups.
Mayor Pro Tem Martinez, requested confirmation of next public hearing.
Asked if map plan submitted for council consideration will be reviewed by
City Attorney and Clerk of the Council to ensure legal and ethical
compliance.
Clerk of the Council Huizar, noted next public hearing set for October 16,
an adjourned regular meeting on October 30th to allow first reading of
ordinance requiring adoption of final map plan City Council.
City Attorney Carvalho, indicated city will rely on outside special counsel
who is an expert in the California Voters Rights Act. Noted special counsel
is and has been working with consultant to ensure legal compliance.
Mayor Pro Tem Martinez, inquired if map plans submitted to council for
consideration will include staff recommendations, provide options, and
include consultant recommendations.
Paul Mitchell, City consultant, indicated map plans submitted to council for
consideration will be in compliance with the law but will not include
consultant recommendation.
CITY COUNCIL MINUTES 30 SEPTEMBER 18, 2018
Mayor Pro Tem Martinez, expressed
participation, map re -boundary process
process has been inappropriate.
concern over lack of community
will have major implications, and
Councilmember Villegas, echoed statements made by Mayor Pro Tem
Martinez. Expressed concern over the map re -boundary process and action
taken before the November election and upcoming census.
Councilmember Tinajero, requested confirmation of any communication
between councilmembers and consultant. Noted process is very political,
consultant has provided reports, reliance of data provided by consultant to
make the best possible decision.
Paul Mitchell, City consultant, indicated there has been no contact with
councilmembers.
Mayor Pulido closed the second Public Hearing that explained the re -
boundary process, reviewed the criteria used to modify Ward
boundaries, and allowed residents to submit their ideas for potential
"communities of interest" to consider in the new boundaries.
75B. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT
NO. 2018-03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING
ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE
METRO EAST MIXED USE (MEMU) OVERLAY ZONE - CITY OF SANTA
ANA, APPLICANT {STRATEGIC PLAN NOS. 3,2; 5,3; 5, 4} - Planning and
Building Agency
Legal Notice published in the Orange County Reporter on August 10, 2018
and notices mailed on August 9, 2018.
Planning Commission approved recommended action on July 23, 2018 by
a vote of 4-0 (Alderete, Contreras -Leo and Verino absent).
Continued from the August 21, 2018
(Sarmiento absent) and September 4
of 6-0 (Benavides absent).
Mayor Pulido opened the Hearing.
City Council meeting by a vote of 6-0
, 2018 City Council meeting by a vote
Director of Planning Building Agency Minh Thai provided a brief summary
of recommended actions.
CITY COUNCIL MINUTES 31 SEPTEMBER 18, 2018
-EDIBT provided high-level feedback for
strategic refinements. including:
-Developing land use policies, standards, and
objectives to create a destination -oriented
mixed-use environment
-Producing high-quality projects to activate the
area and be a catalyst for future developments
-Completing a comprehensive economic and
fiscal analysis to evaluate allowing additional
mixed-use development and understanding
long-term impacts
-Potentially reevaluating existing caps on net
(new) development in the MEMU.
The following spoke on the matter:
• Howard D. Hall, expressed concern over blight in community and delay
in building facility.
• Cathi Decker, Friends of Santa Ana Zoo Executive Director, addressed
City Council to request changing street name to Zoo Drive and
supportive of any improvements that compliments the Zoo.
• Desi Reyes, opined narrow window of opportunity to develop First
Street, area is blighted, and lack of development in area.
Mayor Pulido closed the Hearing and Council discussion ensued.
Councilmember Villegas motioned to approve recommended action one
Councilmember Sarmiento, supportive of developing area, need to ensure
inclusion of housing for Santa Ana residents, and development of multi-
family homes. Noted continued effort to develop area, proposed project
departs from current housing policy, and need to address housing goals.
Mayor Pro Tem Martinez, expressed concerned as to development project
tied to an overlay expansion. Asked who gave authority to allow developer
to pay for Environmental Impact Report, (EIR).
City Attorney Carvalho, indicated planning department presented to City
Council with qualified EIR consultants, staff chooses consultant from list,
but is unable to identify staff memberwho authorized payment. Noted ability
to investigate matter with approval from City Manager.
CITY COUNCIL MINUTES 32 SEPTEMBER 18, 2018
Mayor Pro Tem Martinez, indicated item is major policy decision that will
have future implications. Unsupportive of item.
Councilmember Solorio, noted community concern over blight and crime,
benefit to city zoo, need for a variety of housing and economic development.
Express support for item.
Councilmember Benavides, expressed support to invest in economic
development, to enhance and provide clarity in developing corridor, and
priority to find a balance between housing and commercial needs.
Councilmember Tinajero, noted item will increase yearly property tax
revenue by $1.4 million for the city and up to $2 million onetime fees to the
school district. Echoed statements made by Councilmember Sarmiento.
Opined City is facing a severe housing shortage and opportunity to enhance
area. Expressed support for item.
Councilmember Sarmiento, concerned over delay of pending projects in
overlay zone, staff instructions to applicant to delay project in order to
include it with overlay zone, and staff instruction to pay for EIR of entire
overlay zone. Noted payment by applicant will result in council losing
discretionary rights as a legislative body, Mayor Pulido attendance at sub-
committee, and potential violation of the Brown Act. Opined responses by
City Manager, City Attorney, and staff do not meet expected standards, staff
should know the legislative history and perform research before bringing
item to council.
Councilmember Solorio, noted City Manager Godinez and Director Thai
recently joined the City of Santa Ana and it is inappropriate to place the
accountability on them. Opined key documents were provided to council
and responsibility lies with city council.
Mayor Pro Tem Martinez, noted EDIBT meeting attendance by Mayor
Pulido is a violation of the Brown Act, project imbedded in overlay zone
appears to be quid pro quo, and intention to notify Attorney General for
investigative purposes.
Mayor Pulido, indicated former Director Hassan suggested a combined
effort and sharing in the obligation, EIR will stand up to any challenge, and
project will be a net benefit to the city. Expressed support for item.
Councilmember Benavides, express concern in discussing project along
with zoning. Noted applicants concern in area primarily consisting of
housing and applicant's willingness to revisit project to enhance commercial
aspect. Asked staff if approval of MEMU would preclude staff from further
refining language.
CITY COUNCIL MINUTES 33 SEPTEMBER 18, 2018
Director Thai, confirmed applicant's willingness to revisit project to address
residential and commercial mix. Opined MEMU language inspires a
creation of an urban development that allows commercial and residential
for the community to live, work and shop. Noted ability to work with
developers to help implement vision upon approval of item.
MOTION: Approve the Metro East Mixed Use (MEMO) Overlay Zone
amendments and expansion project as originally proposed as follow:
1. Adopt a resolution.
RESOLUTION NO. 2018-075 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15
(SCH NO. 2006031041) AND THE MITIGATION MONITORING AND
REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT;
ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS;
AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR
THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE
EXPANSION AND AMENDMENTS PROJECT AND THE ELAN
DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2955 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES
LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING
ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO
EAST MIXED USE OVERLAY ZONE (OZ -1)
MOTION: Villegas
SECOND: Tinajero
VOTE: AYES:
Pulido, Solorio, Tinajero, Villegas (4)
NOES:
Benavides, Martinez, Sarmiento (3)
ABSTAIN:
None (0)
ABSENT:
None (0)
*Councilmember Benavides left the meeting at 8:26 p.m, and did not return.
75C. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATIONS
FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT
CITY COUNCIL MINUTES 34 SEPTEMBER 18, 2018
1301 AND 1305 WEST 12TH STREET (APN 004-131-34, 19) (NON -
GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works
Agency
Legal Notice published in the Orange County Reporter on August 10, 2018.
Continued from the August 21, 2018 City Council meeting by a vote of 6-0
(Sarmiento absent) and September 4, 2018 City Council meeting by a vote
of 6-0 (Benavides absent).
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Rick Marshall, expressed support for item.
• Karen Rodriguez, opposed to sale of any city own property without
transparency and community input. Opined need to sit with community
members and consider their needs.
Mayor Pulido closed the Hearing and Council discussion ensued.
Councilmember Solorio, supportive of item and of transparent process.
Opined need to develop policy addressing the sale of city owned property.
Expressed concern of city arranging with a property owner to purchase an
adjacent lot when there are several lots with similar considerations. Moved
to proceed with process and directed staff to reach out to community and
inform them of opportunity to purchase city owned property. Inquired if the
sale of property will be in legal compliance. Asked staff if city has the legal
authority to sell this specific parcel.
City Attorney Carvalho, noted sale of parcel is allowed pursuant to Municipal
Code 2-709, which allows for the exception for sale of this parcel with two-
thirds vote of the City Council.
Mayor Pro Tem Martinez, unsupportive of item. Expressed need to pursue
item in a responsible manner, to place all city owned property on the tax
rolls in a deliberate and transparent process. Unable to support the sale of
any city owned property unless a process and policy is implemented.
Councilmember Sarmiento, expressed concern of procedural sale of public
land. Opined no one is opposed to the sale of the two parcels, need to
ensure community use, and possibility of having community member
included in process.
City Attorney Carvalho, indicated potential conflict if a member of a
committee or commission has an economic interest.
CITY COUNCIL MINUTES 35 SEPTEMBER 18, 2018
Councilmember Sarmiento, inquired what would be the argument against
having a community member sit on a committee.
City Manager Godinez, indicated it would be highly unusual to have such a
policy, currently there is no committee that provides recommendation on the
disposal of property, and departments manage their own properties.
Provided council with staff recommendation to create a committee made up
of staff from different departments that would be open to the public and
allow for public input.
Councilmember Sarmiento, supportive of having community member sit on
committee.
Councilmember Tinajero, supportive of having community member sit on
committee.
Councilmember Solorio, expressed support of having public oversight,
public participation, and variety of opinions.
Mayor Pro Tem Martinez, introduced friendly motion to continue item and
direct staff to provide council with policy, process and options of creating
committee with community members.
MOTION: Direct staff to provide options for consideration as to how
to include residents in committees to review and recommend disposal
of City owned property and agendize for the October 4, 2018 City
Council Meeting.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides(1)
75D. PUBLIC HEARING: CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT {STRATEGIC PLAN NO 4, 1} — Community
Development Agency
Legal Notice published in The Register on September 1, 2018.
CITY COUNCIL MINUTES 36 SEPTEMBER 18, 2018
Community Redevelopment and Housing Commission approved
recommended action on August 22, 2018 by a vote of 5-0 (Cann, Santana
and Urzua absent).
MOTION. Continue consideration of matter for two weeks to the
October 4, 2018 City Council meeting.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Benavides (1)
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 SUPPORT FOR SANTA ANA UNIFIED
SCHOOL DISTRICT'S EFFORTS TO ADDRESS ALLEGED RACIST
BEHAVIOR AT THE ALISO NIGUEL V. SANTA ANA HIGH SCHOOL
FOOTBALL GAME - COUNCILMEMBERS SARMIENTO AND TINAJERO
Councilmember Sarmiento, expressed support for future joint effort
between City and Santa Ana Unified School District to address incidents
and allow for a teaching moment.
Councilmember Tinajero, noted a handful individuals created issue and not
all community members of Aliso Viejo feel the same way. Concerned over
comments made by the wife of the mayor of the City of Aliso Viejo against
the principle of Santa Ana High School. Importance of having both
superintendents who quickly communicated with each other to ensure this
is a teaching moment.
Valerie Amezcua, President of the Board of Education, addressed City
Council to convey goal of making this a teaching moment, need to bring
districts together to start the healing process. Thanked City Council for
supporting item.
Stefanie Phillips, Superintendent of Santa Ana Unified School District,
noted overwhelming support from districts and council. Opined opportunity
CITY COUNCIL MINUTES 37 SEPTEMBER 18, 2018
to create a positive conversation and address racist behavior to ensure all
students are treated with respect and dignity.
*Mayor Pro Tem Martinez left the meeting at 8:50 p.m. and did not return.
Councilmember Solorio, opined incident touched all, importance of ethnic
studies, and need to use incident to build character and promote learning
and understanding.
MOTION: Support efforts of the Santa Ana Unified School District.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Pulido, Sarmiento Solorio, Tinajero, Villegas
(5)
None (0)
None (0)
Benavides, Martinez (2)
*Mayor Pulido and Councilmember Sarmiento left the meeting at 9:02 p.m. and did not
return. Quorum was lost.
MEETING ADJOURNED: 9:01 P.M. - The next meeting of the City Council is scheduled
for Tuesday, October 2, 2018 at 5:00 p.m. for the Closed Session Meeting immediately
followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22
Civic Center Plaza, Santa Ana, California.
PUBLIC COMMENTS (Non Agendized Items)
• Donna Layne, Floral Park Neighborhood Association President, thanked police and
code enforcement for shutting down Happy Hour Internet Cafe. Expressed concern
over speeding cars in the neighborhood.
• Raul Nolasco, expressed concern over computer intrusion at Santa Ana Public
Library.
CITY COUNCIL MINUTES 38 SEPTEMBER 18, 2018
• Gabriela Gonzalez, on behalf of Casa de la Familia, addressed City Council to request
support to promote domestic violence month in October, inform public of upcoming
concert event on October 13th, and of go purple riding initiative.
• Dale Helvig, expressed disappointment in councilmembers leaving before hearing
public comment.
• Peter Katz, echoed statements made by Dale Helvig and opined public comments are
valuable. Noted proposed sales tax will be highest in the county and need to have
citizen advisory board is necessary.
• City Attorney Carvalho, noted for the record the City Council meeting will be deemed
adjourned for lack of quorum.
• Michael Plantamura, expressed opposition to 2525 Main Street development.
• Connie Hamilton, informed City Council of an upcoming candidate forum at Delhi
Center. Noted 11 candidates will be running in November, which includes two mayoral
candidates.
• Billy Leigh, expressed disappointment in councilmembers leaving before public
comment period. Expressed opposition to 2525 Main Street development.
• Venanicio Chavez, opined need to work with the school district to improve education.
• Gary Thomas, opposed to 2525 Main Street development.
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, announced National Voters Registration Day press
conference and encouraged all to attend.
90B. CITY COLINCILMEMBER COMMENTS
Councilmember Tinajero, informed public of upcoming expo at Santa Ana
High School and invited all to attend. Encouraged all to attend the
candidate forum at Delhi Center.
Councilmember Solorio, thanked residents for their patience and noted loss
of quorum is not a common occurrence. Noted Happy Times Cyber Cafe
closure was a result of interaction with the community and learning lesson
to address similar issues citywide.
Councilmember Villegas, echoed statements made by Councilmember
Solorio. Provided report on Washington D.C. trip to advocate for police
recruitment and training grants and also meeting at Bureau of Justice
Administration to further advocate for grants to establish a family justice
center in the city.
CITY COUNCIL MINUTES 39 SEPTEMBER 18, 2018
*Mayor Pro Tem Martinez attended the League of California Cities Annual
Conference, Long Beach, CA September 12-14, 2018.
ADJOURNED MEETING IN MEMORY OF
KEENE NORWOOD WILSON, JR.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Policy on Use of General Reserve and Enterprise Funds
CITY COUNCIL MINUTES 40 SEPTEMBER 18, 2018