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Home My WebLink About2018-10-30 AdjournedMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 30, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS 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 6:09 P.M. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 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) CITY COUNCIL MINUTES 1 OCTOBER 30, 2018 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) CLOSED SESSION REPORT — There was no reportable action. ADJOURNED CLOSED SESSION AND CONVENED THE REGULAR OPEN SESSION AT 6:25 P.M.. CITY COUNCIL MINUTES 2 OCTOBER 30, 2018 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:26 P.M. ATTENDANCE COUNCILMEMBERS Present: MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC HEARING 75A. PUBLIC HEARING: HOLD HEARING #4 TO AMEND COUNCIL WARD BOUNDARIES AND INTRODUCE ORDINANCE TO AMEND SAME {STRATEGIC PLAN NO. 5, 1) — 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. Mayor Pro Tem Martinez opened fourth public hearing and the following spoke on the matter: Dale Helvig, expressed concern with the proposed Wards that would be considered at the November 2020 election; also commented as to why elections after November 2020 will be by Ward even if Charter Amendment is on the ballot for voter consideration this election. Karen Rodriguez, addressed City Council to request support for proposed ward map D2. Opined map would allow Asian community to exercise their collective voting power. • Ken Nguyen, opined Vietnamese community are considered a protected class. Expressed support for proposed map C2. CITY COUNCIL MINUTES 3 OCTOBER 30, 2018 • Theresa Le, supports proposed Map D-2. Opined Vietnamese community has been left without a voice. • Alejandra Capristan, supports proposed Map D-2 that better represents the home rental community. • Kathy Le, addressed City Council to express support map D2. Opined her community has been separated from the remaining city. • Rafael Borja, expressed support for map D2 and of the Asian community. Opined map reflects unity of voters in the City of Santa Ana. • Alexis Teodoro, supports Map D-2 for reasons expressed by other speakers. Council discussion ensued. Councilmember Solorio, requested clarification as to timing and order of ward elections and if issue can be addressed at a later time. Noted settlement agreement was specific as to requirement to hold a particular ward election in 2020. City Attorney Carvalho, noted as a matter of process, City Council will need to decide order of ward election, and issue would be addressed in second staff report and will presented to City Council for consideration at the second reading. Mayor Pro Tem Martinez, requested clarification of outcome if City Council reaches consensus in at first reading, but is unable to do so at second reading. City Attorney Carvalho, indicated need to have consistent voting in the first and second reading. Any change in voting at the second reading would cause the matter to be considered as the first reading. Councilmember Benavides, asked about the five affirmative votes needed to adopt a new Ward boundary map; what are the implications; thanked speakers and those that have commented on the process. City Attorney Carvalho, reminded City Council settlement was entered into in good faith and duty to pursue implementation of settlement agreement. Noted if City Council cannot reach sufficient votes, matter should be continued to the November 20th meeting to continue attempts to reach necessary votes. Councilmember Benavides, indicated pursuing implementation of settlement agreement would avoid considerable expense to the City. City Attorney Carvalho, noted City expended several hundred thousand dollars to resolve litigation and potential of exceeding $1 million to $2 million dollars if litigation is pursued. Councilmember Benavides, expressed hopes litigation expense can be avoided by reaching consensus. Noted community support for a specific map and thanked community for input. CITY COUNCIL MINUTES 4 OCTOBER 30, 2018 Councilmember Tinajero, motion to support Map D-2, seconded by Councilmember Sarmiento with comment. Councilmember Sarmiento, asked if ordinance changed at 2nd reading would require a first reading. Asked City Attorney to clarify effect of City Council map selection if the voters do not approve Charter Amendment AA that is being considered at the November 6, 2018 ballot. Special Counsel Kimberly Hall Barslow, noted plaintiff would be able to enter stipulated judgement with the court if voters do not approve ballot measure to change Charter and resulting court order requiring City Council to change Charter and to move forward to implement revised boundaries lines. Councilmember Sarmiento, indicated selection of map will survive election outcome and City Council would not be in breach of settlement agreement if voters reject measure. Councilmember Sarmiento, asked if there is a provision in the settlement agreement that requires present City Council to oversee map change. Special Counsel Barlow, outlined settlement agreement requirement to have City Council select a map and to take effect upon election approval or upon entry of stipulated judgment. Noted current City Council is authorized under the terms of the settlement agreement to select a map before a new City Council is seated or risk being in breach of agreement. Mayor Pro Tem Martinez, clarified it is not up to voters or new City Council to dictate how new wards should be drawn based on the settlement agreement. Special Counsel Barlow, confirmed City Council has option to select new ward boundaries and new maps may be chosen after 2020 census; noted any changes to boundary lines must comply with the law and redistricting after census tend to be minor. Mayor Pro Tem Martinez, indicated previous opposition to item and lack of taking comprehensive approach to address all concerns. Noted rapid change in the City, benefits of waiting until census takes place, and lawsuit directed to current City Council only. Councilmember Solorio, opined importance of coming into compliance with California Voters Right Act (CVRA), data reflects City has been disenfranchising Vietnamese and Asian American voters, and need to consider community interest in protecting lacy neighborhood and surrounding area. Noted difficulty in addressing all interests in one map. Councilmember Sarmiento, commented on importance of being receptive to the Asian community, noted process is an imperfect process, and need to ensure no detriment to the remaining community. Noted map will be reviewed after 2020 census. CITY COUNCIL MINUTES 5 OCTOBER 30, 2018 Councilmember Solorio, noted all maps are in compliance of CVRA, opportunity to make adjustments in the future, and future financial challenges and expense of litigation. Asked for comparison discussion of map D2 to map C2. Councilmember Tinajero, stated that proposed map D2 has a larger concentration of Vietnamese population. Roll Call vote by Clerk of the Council Huizar. Aye votes by Sarmiento, Tinajero, Martinez and Benavides. Council discussion continued. Councilmember Solorio, noted that Santa Anita neighborhood is intact with proposed Map C-2. Requested clarification with maps D and D-2. Councilmember Sarmiento, asked consultant to articulate what map proposals achieved and comparisons between proposed map C2, D, and D2. Consultant Paul Mitchell, stated that City Council is entrusted with making decision based on community input and proposed plans reflects all concerns. Councilmember Solorio, opined good faith effort was made to address community concerns. Councilmember Benavides, would like to concede and note that public comment received that resulted in Maps C-2 and D-2. Any map would comply with terms of the settlement agreement. After the 2020 Census data received may adjust the boundaries. Councilmember Solorio, as a courtesy will move item forward but reserves the right to not vote in favor of second reading of the ordinance. MOTION: 1. Selected Proposed Map D-2. 2. Introduced ordinance for first reading and authorize publication of title (Requires five affirmative votes). ORDINANCE NO. NS -2958 - AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING NEW BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS -2826 MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (5) CITY COUNCIL MINUTES 6 OCTOBER 30, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Villegas (2) COMMENTS 90A. CITY COUNCILMEMBER COMMENTS Councilmember Benavides, Encouraged all to shop Santa Ana; and Remember to vote on November 6t" Councilmember Solorio, • Thanked participants. ADJOURNED- 7:12 p.m. The regular meeting scheduled for November 6, 2018 has been canceled. The next meeting of the City Council will be held on Tuesday, November 20, 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. �� 0-/4� Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 7 OCTOBER 30, 2018