HomeMy WebLinkAbout2018-11-20 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 20, 2018
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS — NONE
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:10 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:12 p.m
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO (5:11 p.m.)
SAL TINAJERO (5:17 p.m.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:11 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:
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 NOVEMBER 20, 2018
0
DOC (KESx)
Case No. SA CV 18-0155-
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. Theresa Le v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30-2018-00988425-CU-CR-CJC
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
3. PUBLIC EMPLOYEE - EVALUATION OF PERFORMANCE pursuant to
Section 54957(b)(1) of the Government Code:
Title: City Manager
CLOSED SESSION REPORT — See Agenda Item 19A for reportable action.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN
SESSION AT 6:37 P.M.
CITY COUNCIL MINUTES 2 NOVEMBER 20, 2018
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:40 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
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION JACK ABEELEN, POLICE CHAPLAIN
CEREMONIAL PRESENTATIONS — ITEMS TAKEN OUT OF ORDER
• CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ
recognizing November 1 st as World Vegan Day to The Gypsy Den, Nieves Exquisitas,
Taqueria EI Zamorano, Taqueria Venganza, and Vegan by Victoria's for their
contributions to the community.
• CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Nicholas
Academic Center for their 10 Year Anniversary and their contributions to the
community.
• PROCLAMATION presented by COUNCILMEMBER SARMIENTO recognizing
Saturday November 24, 2018 as Small Business Saturday to Austin Hardwoods and
for their contributions to the community.
CITY COUNCIL MINUTES 3 NOVEMBER 20, 2018
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Achievement Institute of Scientific Studies for their contributions to the community.
CLOSED SESSION REPORT — No reportable action.
PUBLIC COMMENTS — (Non-agendized items take out of order.)
• Dale Helvig, expressed concern over lack of transparency and limited time to review
Environmental Impact Report. Opposed to project.
• Ilya Tseglin, addressed City Council to request assistance in addressing assault on
son by group home staff and son's health.
• Juan Gonzalez, representing Southern California Gas Company, expressed concern
of State legislature to require mandatory use of electrical services; support of providing
the consumer the options.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent
Calendar items10A through 29B, with the following modifications:
• Mayor Pro Tem Martinez pulled Agenda Items 19E and 25E for separate
discussion and dissented on Agenda Item 25G.
MOTION: Benavides 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 OCTOBER 16, 2018
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 4 NOVEMBER 20, 2018
10B. MINUTES FROM THE ADJOURNED MEETING OF OCTOBER 30, 2018
(STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCESISECOND 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 AMENDING CERTAIN SECTIONS OF CHAPTER 8 OF THE
SANTA ANA MUNICIPAL CODE (8-7,8-1982, 8-1985, 8-1986)
CERTIFICATE OF OCCUPANCY AND FORECLOSURE REGISTRY
PROGRAM {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
Placed on first reading at the October 16, 2018 City Council meeting and
approved by a vote of 6-0 (Tinajero absent).
Published in the Orange County Reporter on November 9, 2018.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2957 - AN ORDINANCE AMENDING CERTAIN
SECTIONS OF CHAPTER 8 OF THE CITY OF SANTA ANA MUNICIPAL
CODE INCLUDING SECTION 8-7 (VIOLATION AND PENALTY) AND 8-9
(REVOCATION AND APPEAL) AND SECTIONS 8-1982, 8-1985, AND 8-
1986 OF THE FORECLOSURE REGISTRY PROGRAM
NOTICE OF PUBLIC HEARINGS
12A. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT —
INTENT TO LEVY ASSESSMENT FOR 2019 {STRATEGIC PLAN NO. 3,
4F) — Community Development Agency
Approved by the Community Redevelopment and Housing Commission on
October 24, 2018 by a vote of 6-0.
MOTION:
Approve the 2019 Assessment Report for the Downtown Santa Ana
Business Improvement District (BID), which is administered by two
organizations - the Santa Ana Business Council and Downtown
Incorporated.
CITY COUNCIL MINUTES 5 NOVEMBER 20, 2018
2. Adopt a resolution.
RESOLUTION NO. 2018-079 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
INTENTION TO LEW AN ASSESSMENT FOR THE DOWNTOWN
SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR
2019
3. Set a public hearing for Tuesday, December 18, 2018.
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES —AGENDA AND MINUTES {STRATEGIC PLAN
NO. 5, 11 - Clerk of the Council Office
MOTION: Receive and file.
NAME MEETING DATE
Legislative Affairs, Ethics and Transparency Committee 3/28/2018
and 8/15/2018
Economic Development Infrastructure, Budget
and Technology Committee 10/8/2018
13B. NOMINATE PATRICIA LIMON TO SERVE ON THE COMMUNITY
REDEVELOPMENT AND HOUSING COMMISSION AS THE SANTA ANA
UNIFIED SCHOOL DISTRICT STUDENT REPRESENTATIVE FOR A
PARTIAL -TERM EXPIRING DECEMBER 8, 2020 {STRATEGIC PLAN NO.
5, 11 - Clerk of the Council Office
MOTION: Appoint Patricia Limon to the Community Redevelopment
and Housing Commission for a partial -term expiring December 8, 2020
as the Student Representative.
13C. NOMINATE LAWRENCE KLEIN TO SERVE ON THE ENVIRONMENTAL
AND TRANSPORTATION ADVISORY COMMITTEE AS THE WARD 3
REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
MOTION: Appoint Lawrence Klein to the Environmental And
Transportation Advisory Committee for a partial -term expiring
December 8, 2020 as the Ward 3 Representative (replaces B. Bauer).
FINAL TRACT MAP NOTIFICATIONS
CITY COUNCIL MINUTES 6 NOVEMBER 20, 2018
Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final
Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or
disapprove this map within 10 days of the City Council Meeting.
17A. CERTIFICATION OF APPROVAL BY CITY ENGINEER OF FINAL
PARCEL MAP NO. 2016-120 (2001 W. TRASK AVENUE) {STRATEGIC
PLAN NO. 3, 21 - Public Works Agency
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2018
{STRATEGIC PLAN NO. 5, 11 - City Manager's Office
The Strategic Plan Monthly Reports are available on the City's website at:
https://www.santa-ana.org/cm/creati ng-ou r-futu re-strategic-planning-
rocess
MOTION: Receive and file.
19D. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY
CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR
OCTOBER 2018 {STRATEGIC PLAN NO. 5, 11 — Public Works Agency
The CIP Executive Summary Schedule is available on the City's website at
https://www.santa-ana.org/sites/default/files/2018-
11/201810 cip schedule.pdf
MOTION: Receive and file.
19E. AUTHORIZATION TO NEGOTIATE AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH CARIBOU INDUSTRIES FOR RENOVATION AND
REUSE OF THE YMCA PROPERTY LOCATED AT 203-205 W. CIVIC
CENTER DRIVE {STRATEGIC PLAN NO. 3, 5A} — Community
Development Agency
Mayor Pro Tem Martinez indicated item was discussed and thoroughly
reviewed at Economic Development, Infrastructure, Budget and
CITY COUNCIL MINUTES 7 NOVEMBER 20, 2018
Technology Committee (EDBIT); provided City Council with
recommendation and requested direction.
Councilmember Benavides echoed Mayor Pro Tem Martinez' comments
and motioned to enter into an Exclusive Negotiations Agreement with
Caribou. Motion by Benavides died for lack of second.
Councilmember Villegas motion to continue matter for 30 days, seconded
by Mayor Pulido.
Councilmember Sarmiento requested clarification with selection process
and the criteria used in determining the final outcome. Noted prior
agreement with St. Joseph exhausted time due to inability to acquire
necessary funding.
Executive Director of Community Development Agency, Steven Mendoza,
noted that all four proposals were reviewed and all interviewed, and ultimate
decision by Committee to select Caribou Industries.
Councilmember Sarmiento, requested that delays be avoided and
milestones instituted to move project forward. In support of an economic
development driven project that would benefit the community.
Councilmember Solorio is supportive of approving recommended action
today or considering item in 30 days: shared Caribou Industries' past
records in rehabbing various older buildings, consideration of economic
cycle, and potential to reduce blight in area.
MOTION: Continue consideration of matter to the December 18, 2018
City Council Meeting (30 days).
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Pulido
Pulido, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
Benavides (1)
None (0)
None (0)
19F. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES JULY 2018 — SEPTEMBER 2018 {STRATEGIC PLAN NO. 5,
3) — Community Development Agency
CITY COUNCIL MINUTES 8 NOVEMBER 20, 2018
Recommended action approved by the Community Redevelopment and
Housing Commission on October 24, 2018 by a vote of 7-0.
MOTION: Receive and file.
19G. HOMELESS SERVICES QUARTERLY REPORT FOR JULY 2018
THROUGH SEPTEMBER 2018 (STRATEGIC PLAN NOS. 1, 6; 5, 4; 5, 6)
— Community Development Agency
MOTION: Receive and file.
19H. QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2018
{STRATEGIC PLAN NO. 4, 1 D) — Finance and Management Services
Agency
MOTION: Receive and file.
191. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS
ENTERED INTO BYTHE CITY MANAGERAS PERMITTED BY CHARTER
SECTION 421 {STRATEGIC PLAN NO. 4, 1} — Finance and Management
Services Agency
MOTION: Receive and file Quarterly Report of Contracts entered into
between July 1, 2018 to September 30, 2018 valued at $25,000 and less.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENT TO RECOGNIZE
HOMELESS EMERGENCY AID PROGRAM LARGE CITY GRANT FUNDS
(STRATEGIC PLAN NOS. 1, 6; 5, 4; 5, 6) — Community Development
Agency and City Manager's Office
Chris Schmidt, thanked city staff and council for providing a humane
housing solution in city. Opined City of Santa Ana has provided various
housing options and is opposed to a 600 bed permanent shelter. Reminded
City Council and staff the city has a 200 bed occupancy limit per shelter.
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes).
CITY COUNCIL MINUTES 9 NOVEMBER 20, 2018
APPROPRIATION ADJUSTMENT NO. 2019-037 - Recognizing
$3,690,885.84 in funds from the State of California, Business,
Consumer Services and Housing Agency in revenue account and
appropriate the same amount to expenditure account to address
homelessness in the City of Santa Ana.
2. Authorize the City Manager or designee as the approved signatory
for the Homeless Emergency Aid Program (HEAP), as required by
the terms and conditions of the State of California Homeless
Coordinating and Financing Council Business, Consumer
Services, and Housing Agency Standard Agreement to receive
one-time grant funds in the amount of $3,690,885.84.
*Mayor Pro Tem Martinez dissented on Agenda Item 20A.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. CONTRACTS AWARD FOR DELL DESKTOP COMPUTERS, LAPTOPS,
MOBILE TABLETS AND RELATED EQUIPMENT (SPECIFICATION NO.
18-074) {STRATEGIC PLAN NO. 6, 11 - Finance and Management
Services Agency and Information Technology Department
MOTION: Award contracts for the purchase of Dell desktop
computers, laptops, mobile tablets and related equipment for a one-
year period expiring November 30, 2019, with provision for four one-
year renewals exercisable by the City Manager, in an annual aggregate
amount not to exceed $400,000, subject to non -substantive changes
approved by the City Manager and City Attorney, with the following
vendors:
Vendor Location
2nd Gear, LLC Costa Mesa, CA
Dell Computer Corp. Austin, TX
22B. CONTRACT AMENDMENT WITH ADAMSON POLICE PRODUCTS FOR
POLICE CONVERSION COMPONENTS (SPECIFICATION NO. 18-096)
{STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency
MOTION: Amend the contract with Adamson Police Products to
increase the aggregate limit by $25,000 for police conversion
components for an amount not to exceed $50,000, through June 30,
2019, subject to non -substantive changes approved by the City
Manager and City Attorney.
CITY COUNCIL MINUTES 10 NOVEMBER 20, 2018
22C. AWARD A PURCHASE ORDER TO EAST WEST CONSOLIDATED, LLC
FOR BALLISTIC ARMOR PLATES AND PLATE CARRIERS
(SPECIFICATION NO. 18-089) {STRATEGIC PLAN NO. 1,5) - Finance and
Management Services Agency; and Police Department
MOTION: Award a one-time purchase and payment of purchase order
to East West Consolidated, LLC for the purchase of 311 ballistic plates
and plate carriers in the amount $62,779, plus a $7,874 contingency to
be used by the period ending October 31, 2019, for a total amount not
to exceed $70,653, subject to non -substantive changes approved by
the City Manager and City Attorney.
22D. CONTRACT AWARD TO ZEBRON CONTRACTING, INC., FOR
REHABILITATION AND LINING OF SEWER AND WATER STRUCTURES
(NON -GENERAL FUND) (SPECIFICATION NO. 18-081) {STRATEGIC
PLAN NO. 6, 1 C) - Finance and Management Services Agency; and Public
Works Agency
MOTION: Authorize a contract to Zebron Contracting, Inc., for
rehabilitation and lining of sewer and water structures for a 15 -month
period expiring February 28, 2020, with provisions for three, one-year
renewals exercisable by the City Manager, in an annual amount not to
exceed $115,000, subject to non -substantive changes approved by the
City Manager and City Attorney.
22E. AWARD PURCHASE ORDER TO LOS ANGELES TRUCK CENTERS,
LLC, FOR THREE COMPRESSED NATURAL GAS DUMP TRUCKS
(SPECIFICATION NO. 18-070) {STRATEGIC PLAN NO. 6, 2) - Finance
and Management Services Agency; and Public Works Agency
MOTION: Authorize a one-time purchase and payment of purchase
order to Los Angeles Truck Centers, LLC, for the procurement of three
compressed natural gas dump trucks in the amount of $664,370, plus
a contingency of $10,000, for a total amount not to exceed $674,370,
subject to non -substantive changes approved by the City Manager
and City Attorney.
22F. CONTRACT AWARD TO ALL AMERICAN ASPHALT FOR ASPHALT
POTHOLE REPAIR (SPECIFICATION NO. 18-092) {STRATEGIC PLAN
NO. 6, 1 C) - Finance and Management Services Agency; and Public Works
Agency
MOTION: Award a contract to All American Asphalt for asphalt pothole
repair for a one-year period, with provisions for four, one-year
renewals exercisable by the City Manager, in an annual amount not to
CITY COUNCIL MINUTES 11 NOVEMBER 20, 2018
exceed $550,000, subject to non -substantive changes approved by the
City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT TO GREEN GIANT LANDSCAPE, INC., FOR CIVIC
CENTER AMERICANS WITH DISABILITIES ACT (ADA) ACCESS
RENOVATION PROJECT FOR TWO RAMPS BY THE COUNCIL
CHAMBER (PROJECT NO 16-2653) {STRATEGIC PLAN NOS. 6, 1B &
1G) — Public Works Agency; and Parks, Recreation and Community
Services Agency
MOTION:
1. Award a contract to Green Giant Landscape, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount
of $377,200, for construction of the Civic Center ADA Access
Renovation Project, for the term beginning upon execution of the
contract and ending upon project completion, and authorize the
City Manager and the Clerk of the Council to execute the contract
subject to non -substantive changes approved by the City Manager
and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated
construction delivery cost of $471,500, which includes the contract
bid amount, administration, inspection and testing, and an
authorized contingency of $37,720.
AGREEMENTS
25A. APPROVE LEGAL SERVICES AGREEMENTS WITH TALLEY & TALLY,
APC, AND OLIVAREZ MADRUGA LEMIEUX O'NEIL, LLP, RELATED TO
ADMINISTRATIVE, LITIGATION, AND PERSONNEL BOARD MATTERS
{STRATEGIC PLAN NO. 1, 3, 4, 51 — City Attorney's Office and Human
Resources Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute a legal services agreement with the law firm of Talley & Talley,
APC, and Olivarez Madruga Lemieux O'Neil, LLP ("Attorneys") related
to administrative, litigation and personnel board matters for a seven
(7) month term ending on June 30, 2019, in an amount not to exceed
$105,000 (Talley) and $100,000 (Olivarez), subject to non -substantive
changes approved by the City Manager and the City Attorney (AGMT.
No. 2018-254 and AGMT. No. 2018-255).
CITY COUNCIL MINUTES 12 NOVEMBER 20, 2018
25B. APPROVE AGREEMENTS WITH NINYO & MOORE, RMA GROUP, AND
SCST FOR ON-CALL GEOTECHNICAL ENGINEERING SERVICES
(NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) — Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute agreements with each of the firms listed below, to provide on-
call geotechnical engineering services for general engineering
projects for a three-year term expiring November 19, 2021, with the
option of one two-year extension exercisable by the City Manager and
the City Attorney, for a total aggregate amount, for the three contracts
combined, of not to exceed $600,000 for the term of the contract,
including the optional extension, subject to non -substantive changes
approved by the City Manager and the City Attorney:
1. Ninyo & Moore Geotechnical & Environmental Sciences
Consultants (Ninyo & Moore) (AGMT. No. 2018-256).
2. RMA Group, Inc. (RMA Group) (AGMT. No. 2018-257).
3. SCSI, Inc. (SCST) (AGMT. No. 2018-258).
25C. APPROVE AN AGREEMENT WITH TEXAS A&M ENGINEERING
EXTENSION SERVICES FOR EMERGENCY OPERATIONS CENTER
(EOC) OPERATIONS TRAINING (FISCAL YEAR 2016 URBAN AREAS
SECURITY INITIATIVE (UASI) GRANT FUNDED)- (STRATEGIC PLAN
NOS. 1 AND 6) — Police Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Texas A&M Engineering Extension Service
for the period of November 20, 2018 through March 31, 2019, to
provide one Emergency Operations Center (EOC) Operations and
Planning for All -Hazards Events training course in an amount not to
exceed $65,064 subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2018-259).
25D. APPROVE AN AGREEMENT WITH ENERGY RETROFIT CO. TO
INSTALL ENERGY-EFFICIENT LIGHTING FIXTURES AND CONTROLS
IN THE ROSS ANNEX PARKING GARAGE (RFP NO. 18-070) AND
EXECUTE THE ON -BILL FINANCING AGREEMENT {STRATEGIC PLAN
NOS. 4, 3D; 6, 2A) — Finance and Management Services Agency; and
Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement with Marketing Power, Inc. (dba Energy Retrofit Co.), for
the term beginning December 3, 2018 through March 29, 2019, to
CITY COUNCIL MINUTES 13 NOVEMBER 20, 2018
provide and install advanced energy-efficient lighting fixtures and
controls in the Ross Annex Parking Garage, in an amount not to
exceed $39,928, inclusive of a 5% contingency in the amount of
$1,901, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-260).
2. Authorize the City Manager and Clerk of the Council to execute an
agreement with Southern California Edison to provide a $13,536
no -interest On -Bill Financing and $1,979 in incentives to fund RFP
No. 18-070, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2018-261).
25E APPROVE AN AGREEMENTBETWEENTHE CITY AND EASTCOM!
CORPORATION TO DEFER THE PAYMENT OF THE RESIDENTIAL
DEVELOPMENT FEE PURSUANT TO ARTICLE IV, SECTION 35-111 OF
THE SANTA ANA MUNICIPAL CODE FOR THE PROPERTY LOCATED
AT 888 N. MAIN STREET {STRATEGIC PLAN NOS. 5; 31 - Planning and
Building Agency
Mayor Pro Tem Martinez, proposed amendment to staff recommendation
to include in the motion that fee be paid by developer upon issuance
certificate of occupancy. Motion seconded by Councilmember Villegas.
Planning Manager, Vince Fregoso, noted that payment will be due prior to
issuance of Occupancy Certificate.
AMENDED MOTION: Authorize the City Manager, City Attorney, and
Clerk of the Council to execute an agreement with Eastcom
Corporation (the "Owner") to defer the payment of the Residential
Development Fee pursuant to Article IV, Section 35-111 of the Santa
Ana Municipal Code (SAMC) and that Certificate of Occupancy will not
be issued until deferred fees are paid, subject to non -substantive
changes approved by the City Manager and City Attorney for the
property located at 888 N. Main Street (AGMT. No. 2018-262).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
14
NOVEMBER 20, 2018
25F. APPROVE AGREEMENT WITH PLACEWORKS FOR CONSULTING
SERVICES FOR THE GENERAL PLAN AND ENVIRONMENTAL IMPACT
REPORT {STRATEGIC PLAN NOS. 3, 2A; 5, 6) — Planning and Building
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement effective from November 20, 2018 through June
30, 2020 with Placeworks in the amount of $607,884 for the preparation
of the General Plan and Environmental Impact Report for the City of
Santa Ana, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-263).
25G. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY
ACQUISITIONS LOCATED 302 E. WARNER AVE. (APN 016-034-01) AND
310 E. WARNER AVE (APN 016-034-26) 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 full acquisition and
goodwill (if any), with the property owners listed below, subject to
non -substantive changes approved by the City Manager and City
Attorney:
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with SmartCover Systems, to provide real-time,
two-way wireless communication and continuous remote alarm
monitoring management services, for the three-year period beginning
CITY COUNCIL MINUTES 15 NOVEMBER 20, 2018
Property
commonly
Property
known as / Acquisition
Owner
location Type
Amount Agmt. No.
Maria Rosa
302 E. Warner
1. Hernandez
Ave. (APN Partial
$20,800 2018-264
016-034-01)
Armando A.
310 E. Warner
2. and Edith
Ave. (APN Partial
$6,800 2018-265
Martinez
016-034-26)
25H. AGREEMENT WITH SMARTCOVER SYSTEMS
FOR REMOTE ALARM
MONITORING AND MANAGEMENT SERVICES {STRATEGIC PLAN NO.
6, 1 C) — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with SmartCover Systems, to provide real-time,
two-way wireless communication and continuous remote alarm
monitoring management services, for the three-year period beginning
CITY COUNCIL MINUTES 15 NOVEMBER 20, 2018
November 20, 2018, and expiring on November 19, 2021, with a
provision for one two-year renewal option exercisable by the City
Manager and City Attorney, in an amount not to exceed $125,000
annually, for a total agreement amount not to exceed $625,000,
including the renewal option, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2018-
266).
251. APPROVE COOPERATIVE AGREEMENTS FOR GRANT -FUNDED
TRAFFIC SIGNAL SYNCHRONIZATION CORRIDORS ON MAIN STREET
AND ON GARDEN GROVE BOULEVARD (PROJECT NOS. 19-6949 & 19-
6950) {STRATEGIC PLAN NO. 6, 1 B) — Public Works Agency
RECOMMENDED ACTION: Authorize the City Manager and Clerk of the
Council to execute two cooperative agreements (C-8-1800 and C-8-
1797) with Orange County Transportation Authority identifying each
agency's roles and responsibilities, including the City of Santa Ana
match requirements of $336,090 to implement the Traffic Signal
Synchronization Corridor project on Main Street and $5,420 to
implement the Traffic Signal Synchronization Corridor project on
Garden Grove Boulevard, for the term beginning upon approval of the
City of Santa Ana, Orange County Transportation Authority, and the
other participating agencies' boards, and effective until December 31,
2023, with an option to be extended, subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2018-267 and AGMT. No. 2018-268).
MISCELLANEOUS - BUDGET
29A. APPROVE DONATION AGREEMENTS WITH VARIOUS
ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND
PROGRAMS {STRATEGIC PLAN NO. 5, 4) —City Council
MOTION:
1. Approve a donation form in support of the Movie Night held at
Portola Park for residents of the neighborhood, including Hoover
Elementary School students, on November 9, 2018 in the amount
of $435 in City services credit (Councilmember Tinajero).
2. Authorize the City Manager and Clerk of the Council to execute
agreements with various organizations in support of their
community events and programs, subject to non -substantive
changes approved by the City Manager and the City Attorney, as
follows:
CITY COUNCIL MINUTES 16 NOVEMBER 20, 2018
a. Centro Cultural de Mexico en el Condado de Orange in support
of the Noche de Altares event, free to the community, that
occurred on November 3, 2018, in a one-time donation amount
of $500 (Mayor Pro Tem Martinez);
b. Te-Kenjutsu-KanKarate-Do to support the 16th Annual Adlawan
Cup Food Drive Karate Championships that will provide
supportive items for homeless individuals in the City, in the
amount of $500 (Councilmember Solorio);
c Centro Cultural de Mexico en el Condado de Orange in support
of the Noche de Altares event, free to the community, that
occurred on November 3, 2018, in a one-time donation amount
of $500 (Benavides).
29B. AUTHORIZATION TO PROCEED WITH PILOT PROJECT WITH
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
TO ANALYZE ESTABLISHMENT OF POTENTIAL FINANCING
DISTRICTS FOR INFRASTRUCTURE PROJECTS (STRATEGIC PLAN
NO. 6, 1) — Community Development Agency
MOTION:
1. Authorize the City of Santa Ana to proceed with participating in a
Pilot Project with the Southern California Association of
Governments (SCAG) and Kosmont Companies to evaluate the
feasibility for implementation of an Enhanced Infrastructure
Financing District (EIFD), Community Revitalization Investment
Authority (CRIA), or a similar tool to assist in funding future
infrastructure projects and help spur private facility investment.
2. Approve attached map as study area boundaries for the Pilot
Project.
**END OF CONSENT CALENDAR**
CLERK OF THE COUNCIL ADMINISTERED THE OATH OF OFFICE TO THE NEWLY
APPOINTED COMMISSIONERS:
Community Redevelopment and Housing Commission
Patricia Limon
Environmental and Transportation advisory Committee
CITY COUNCIL MINUTES 17 NOVEMBER 20, 2018
Lawrence Klein
AGENDA ITEM OUT OF ORDER - PUBLIC HEARING
75A. PUBLIC HEARING: ORDINANCE SETTING NEW WARD BOUNDARIES
AND ELECTION SEQUENCE FOR NEW WARDS FOR THE 2020
GENERAL MUNICIPAL ELECTION COUNCIL CANDIDATES
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
Legal Notice published in the Orange County Reporter on November 9,
2018.
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Zeke Hernandez, President of League of United Latin American Citizens
(LULAC), involved with other cities on District related elections, in favor
of Plan D, stressed the importance of considering the Latin and
Vietnamese community in arriving at their decision.
• Dale Helvig, supports C-2 and D-2; proposed election sequence on Map
C-2, reflected as A -F, to be Wards 1-6; and if D-2 approved that Wards
1, 5, 6, 3, 4, 2 be assigned as the number sequence for A -F. Requested
sequences to be considered for a fair process to the incumbent
councilmember as incumbents would not be required to go up for re-
election in two years.
• Alejandra Capistran, member of Orange County Congregation
Community Organization (OCCO) and Immaculate Heart of Mary,
expressed support for election sequence on Map D-2 be Wards A -F in
that order Wards 1-6; also requested that no changes be made to Map
D-2.
• Maria Ramirez, echoed comments made by Alejandra Capistran, in
support of Map D-2, and expressed the following ward sequence: A -C:
Wards 1, 3, 5 for year 2020 and D -F: Wards 2, 4, 6 for year 2022.
• Carmen Silva, member of OCCO and Our Lady of Heart of Guadalupe
DelHi, reaffirmed comments made by previous speakers and noted that
voters unanimously approved Measure AA by over 63% of the voters.
• Rafael Borja, member of OCCO and Immaculate Heart of Mary,
reiterated comments by previous speakers, in support of Map D-2.
• Leonel Velazquez, member of OCCO, proposed election sequence: A-
C: Wards 1, 3, 5 for year 2020 and D -F: Wards 2, 4, 6 for year 2022.
• Karen Rodriquez, in support Map D-2 with no changes as it is a product
of community hearings and direct input; and most importantly allows
Vietnamese community to exercise their voting powers and elect
someone who understands their needs. Support election sequence
previously mentioned.
CITY COUNCIL MINUTES 18 NOVEMBER 20, 2018
• Kathy Le, in support Map D-2 with no changes, also in support of
election sequence: A -C: Wards 1, 3, 5 for year 2020 and D -F: Wards 2,
4, 6 for year 2022.
• Theresa Le, echoed previous speakers' comments, expressed strong
support for Map D-2 with no alterations, support of proposed election
sequence: A -C: Wards 1, 3, 5 for year 2020 and D -F: Wards 2, 4, 6 for
year 2022.
• Kenneth Nguyen, resident of Santa Ana and active community member,
expressed that Vietnamese community needs their voice to be heard
and have a councilmember of any race advocate for their community.
Clarified Vietnamese population reflected on maps, expressed that the
voting sequence is not of an interest, however the division of ward map
having the largest Vietnamese voting block population is of interest.
Mayor Pulido closed the Hearing. Council discussion ensued.
City Attorney Sonia Carvalho announced that consultant with Redistricting
Partners, Mr. Paul Mitchell, along with special legal counsel of Jones &
Mayer, Kimberly Hall Barlow, is present to address questions.
Councilmember Solorio, noted past community meetings and hearings,
importance of keeping communities of interest together, and indicated
proposed map is representative of community. Suggested ward -sequencing
order to allow Councilmembers who were elected in 2016 to run in 2020 if
they are eligible for reelection and Asian district to run in 2020.
ug
REDISTRICTING
00 PARTNERS
City of Santa Ana
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Councilmember Villegas expressed support of Map C-4 as it resembles our
current map, C-4 allows for the Vietnamese Community to have their own
ward, and keep current councilmember elects out of the same ward.
CITY COUNCIL MINUTES 19 NOVEMBER 20, 2018
Councilmember Sarmiento requested clarification of map selection process
/ exercise that was performed at the October 30, 2018 adjourned City
Council meeting.
City Attorney Carvalho reviewed discussion held on October 30, 2018: 1)
Spoke about the idea of sequencing to be addressed at the November 20,
2018 City Council meeting and 2) minor adjustments on map may be
considered and proceed with second reading tonight. However, if changes
were significant, then map would have to be re -introduced as a new reading.
Councilmember Sarmiento, appreciative of Councilmembers efforts to
introduce a new map. Noted community north of 17th Street is
demographically and socioeconomically different and benefit of keeping it
intact. Expressed importance of discussing ward sequence order, map
selected will be temporary and will be revisited after Census. In support of
process as long as ward A sequence order remains intact and be up for
election in 2020
Special Counsel, Barlow, confirmed that the Asian majority community
would go first in year 2020 as part of the settlement. The only question is
designation for 3 and 5, which will also go in 2020. In terms of sequencing,
it was not addressed at the last meeting thus, the recommendation for the
map that is adopted tonight, whether it is D-2 or another map, is to proceed
with a new first reading as this ordinance includes the sequencing.
Recommended in staff report for D2 a sequencing that would be least
disruptive to. the current sequence; however, final sequencing will be
decided by the council. Ideally, you do not want to have someone sit out or
run after two years.
Councilmember Sarmiento, conveyed that it would have been helpful post -
elections to see where those that prevailed reside and council could have
had a better idea to make sure they do not have two candidate -elects in the
same ward or district.
Special legal counsel Barlow agreed and added that as a result the
recommendation for sequencing for D-2 changed. In addition, redistricting
that will occur after census will likely not occur until 2021 thus; we may not
have it done in time due to the time requirements to be in place for 2022.
As a result, we may have these boundaries for 2020 and 2022 before the
boundaries are changed.
Councilmember Solorio motioned to adopt Map C-4; and to minimize
disruption along with keeping the Asian majority a 2020 seat, approve staff's
CITY COUNCIL MINUTES 20 NOVEMBER 20, 2018
recommendation to keep A, C and E on the 2020 cycle. Seconded by
Councilmember Villegas for discussion.
COUNCIL RECESSED AT 8:40 P.M. AND RECONVENED AT 8:49 P.M. WITH SAME
MEMBERS PRESENT.
Mayor Pro Tem Martinez, requested City Attorney to confirm item would
require a second reading.
City Attorney Carvalho, conveyed that item would return to the December
18, 2018 City Council meeting for consideration of a second reading since
a revised map was introduced and significant revisions were made.
Councilmember Benavides, inquired if Map C-4 is potentially approved how
will it affect a recently elected councilmember-elect (Ward A) in 2020, within
two years.
City Attorney Carvalho, conveyed that the councilmember-elect will hold an
At -Large seat for four years and their term is not reduced, or may choose
to run in two years. In addition, the term -limit language, that is in the charter
approved by the voters, indicates that an incomplete term -limit is not
counted towards the term limit. One would need to complete three, full four-
year terms in order to be termed out of office. Thus, a councilmember could
potentially serve fourteen years.
Councilmember Benavides, conveyed his preference for Map D-2 along
with sequence recommended by staff which was a result of a series of
public hearings and community input with a support of D-2.
Councilmember Sarmiento concerned with Map C-4 as it reflects a break-
up The Downtown from the Civic Center. In addition, pointed out that an
area in the Sandpointe is also broken -up.
Councilmember Solorio reiterated that based on the recent elections, two
incumbents would both be in the same ward for the next four years if Map
D-2 is approved.
Councilmember Sarmiento, inquired if Map C-3 would cause two
incumbents in the same ward; conveyed his preference to approve Map C-
3.
City of Santa Ana
Plan C 3
CITY COUNCIL MINUTES 21 NOVEMBER 20, 2018
PIAN C 3
A
a
C
D
E
F
Population
53,852
54,149
54,183
54,798
54,423
53,178
DaAaWri
246
51
85
700
325
920
0%
096
0%
1%
1%
.2%
18t Citizens (CVAP)
29,010
23,416
18,500
22,837
28,085
18576
54%
43%
34%
42%
52%
3596
Latino CVAP
11,267
15,302
1 13.312
1 17,071
13,869
13,241
39%
65%
72%
75%
4996
71%
4,017
4,066
2.545
3,488
10,342
2.934
14%
17%
14%
15%
37%
16%
283
799
430
227
368
457
EAmencan
1%
3%
2%
1%
1%
2%
12,851
3,054
2.001
1,771
2,973
1,729
44%
13%
11%
8%
11%
9%
Mayor Pro Tem Martinez, introduced a substitute motion to proceed with
the approval of Map C-3. Unsupportive of excluding Civic Center. Opined
importance to keep Downtown and Civic Center intact.
Councilmember Villegas, expressed that he would not want to split the
Sandpoint area; and although we would vote on a map that places it in two
different wards, it would remain as one association and would support Map
C-3 to keep the Civic Center area together.
Councilmember Solorio in support friendly amendment to support Map C-3.
CITY COUNCIL MINUTES 22 NOVEMBER 20, 2018
FRIENDLY AMENDMENT TO MOTION;
1. Adopt Map C-3 and confirm sequence of election as follow: Ward
A=1 in 2020; Ward E=3 in 2020; Ward C=5 in 2020; Wad B=2 in 2022;
Ward D=4 in 2022; and Ward F=6 in 2022.
2. Introduce 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: Solorio
VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: Benavides (1)
ABSTAIN: None (0)
ABSENT: None (0)
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RESOLUTION AND AGREEMENT ACCEPTING COMMUNITY
EMERGENCY RESPONSE TEAM (CERT) COURSE MANUALS AND
EMERGENCY PREPAREDNESS KITS PROVIDED THROUGH FISCAL
YEAR 2016 HOMELAND SECURITY GRANT PROGRAM (HSGP)
{STRATEGIC PLAN NO. 1, 2F) — Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-080 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO
OBTAIN 2016 HOMELAND SECURITY GRANT PROGRAM
FINANCIAL ASSISTANCE THROUGH THE COUNTY OF ORANGE,
AND EXECUTE A TRANSFER AGREEMENT WITH THE COUNTY,
CITY COUNCIL MINUTES 23 NOVEMBER 20, 2018
DOCUMENTS, AND ASSURANCES THAT MAY BE NECESSARY
FOR THE HSGP
2. Authorize the City Manager and Clerk of the Council to execute an
agreement with the County of Orange, commencing September 1,
2016, and running through August 31, 2019, to receive CERT
course manuals and emergency preparedness kits purchased by
the County through the FY 2016 Homeland Security Grant Program,
subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2018-269).
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
55B. RESOLUTION TO AMEND THE CLASSIFICATION AND
COMPENSATION PLAN TO ADD THE POSITIONS OF RISK
MANAGEMENT ANALYST, HUMAN RESOURCES CLERK, PRINCIPAL
HUMAN RESOURCES ANALYST AND TO CHANGE BENEFITS AND
COMPENSATION SUPERVISOR TO BENEFITS AND COMPENSATION
MANAGER {STRATEGIC PLAN NO. 7,6) — Human Resources Department
Councilmember Tinajero motioned; seconded by Sarmiento.
MOTION. Adopt resolution.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez,
Solorio, Villegas (6)
Solorio (1)
None (0)
None (0)
Pulido, Sarmiento,
Councilmember Solorio expressed concerns with resolution pertaining to
title and respective pay; and requested reconsideration of vote.
CITY COUNCIL MINUTES 24 NOVEMBER 20, 2018
Executive Director of Human Resources Steven Pham, conveyed to council
that at this time he is bringing classifications in line with the marketplace.
Will be performing a complete classification review and at that time will
address compensation.
Councilmember Solorio conveyed that in past practice salary range is
changed when elevating the positions; and this does not necessarily mean
that the individual will receive a salary increase thus, will be dissenting on
item unless colleagues continue item. Prefers a two-week continuance.
Director Pham, noted position would not increase responsibilities, position
is not titled correctly, and goal to bring it in line with industry.
Mayor Pro Tem Martinez, motion to reconsider, seconded by
Councilmember Sarmiento with comment.
MOTION TO RECONSIDER:
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Martinez, Pulido, Sarmiento, Solorio, Villegas
(5)
None (0)
Benavides, Tinajero (2)
Mayor Pro Tem Martinez, inquired from Director Pham based on information
provided and what is being asked of him, would his recommendation
change.
Director Pham, conveyed he would not change the recommended action as
it will create compaction issues; simply correcting the title to mirror what is
currently reflected in the marketplace.
Councilmember Solorio, requested information related to past practice,
reclassification policy, and if it common practice in other cities.
SUBSTITUTE MOTION: Continue consideration of matter for two
weeks to the December 4, 2018 City Council meeting.
MOTION: Solorio SECOND: Villegas
CITY COUNCIL MINUTES 25 NOVEMBER 20, 2018
REPORTS
65A.
VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Villegas
(5)
NOES: Benavides, Tinajero (2)
ABSTAIN: None (0)
ABSENT: None (0)
PRESENTATION ON NEW CITYWIDE BRANDING PLATFORM
{STRATEGIC PLAN NO. 3, 1 E) — Community Development Agency
Presentation by Consultant Ed Barlow, Vice President of Strategic Planning
for Northstar Destination Strategies to provide an update in respects to
citywide branding. Process included intensive research within the
community that includes outside perspective
Strategic DNA Statement
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CITY COUNCIL MINUTES 26 NOVEMBER 20, 2018
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CITY COUNCIL MINUTES 29 NOVEMBER 20, 2018
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CITY COUNCIL MINUTES 37 NOVEMBER 20, 2018
Council discussion ensued.
Councilmember Benavides, suggested logo is bold, departs from
established urban image, and is unique to Santa Ana. Supportive of brand
direction.
Councilmember Sarmiento, indicated proposed branding is a drastic
departure from current logo, large investment in current logo, and proposed
logo is counterintuitive to an urban city. Suggested meeting with Arts and
Culture Commission to discuss and obtain feedback.
Mayor Pulido, echoed statements made by Councilmember Sarmiento.
Unsupportive of proposed brand.
Councilmember Villegas motioned and Councilmember Benavides
seconded with comment, expressed that at some point staff and/or the
Orange Chamber of Commerce, can circulate among the business
community and perhaps gain some traction. Requested it be discussed
further at the upcoming Economic Development, Infrastructure, Budget and
Technology Council Committee.
MOTION: Receive and file.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
*Mayor Pulido and Councilmember Sarmiento noted that they had a potential conflict of
interest and recused themselves from Agenda Item 65B. They both left the dais and did
not participate in the deliberation of said item. Mayor Pro Tem Martinez assumed the
Chair.
65B. ORDINANCE ESTABLISHING A CANNABIS PUBLIC BENEFIT FUND TO
BE USE SOLELY FOR YOUTH SERVICES AND ENFORCEMENT
SERVICES {STRATEGIC PLAN NO. 2; 5, 4} — City Manager's Office
City Attorney Carvalho entered into record a correction page, to identify that
1/3 of revenue directed to youth services and 1/3 towards Enforcement
services.
CITY COUNCIL MINUTES 38 NOVEMBER 20, 2018
MOTION: Place revised ordinance on first reading and authorize
publication of title (include provision for 1/3 sub -funds for
Enforcement Services and 1/3 sub -funds for Youth Services),
ORDINANCE NO. NS -2959 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XX TO
CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH
A CANNABIS PUBLIC BENEFIT FUND
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Solorio
Benavides, Martinez, Solorio, Tinajero,
Villegas (5)
None (0)
Pulido, Sarmiento (2)
None (0)
65C. APPROVAL OF TERMS FOR RESIDENT VEHICLE INCENTIVE
PROGRAM (VIP) {STRATEGIC PLAN NO. 3, 3C) — Community
Development Agency
MOTION: Continuation of matter at the request of staff.
PUBLIC HEARINGS
75A. AGENDA ITEM CONSIDERED OUT OF ORDER
75B. PUBLIC HEARING: MITIGATED NEGATIVE DECLARATION NO. 2016-
156, GENERAL PLAN AMENDMENT NO. 2018-05 TO CHANGE THE
DESIGNATION OF THE PROPERTIES AT 301 NORTH TUSTIN AVENUE,
431 NORTH TUSTIN AVENUE AND 2321 EAST FOURTH STREET,
AMENDMENT APPLICATION NO. 2018-08 TO CHANGE THE ZONING
OF THE PROPERTIES AT 301 NORTH TUSTIN AVENUE, 325 NORTH
TUSTIN AVENUE, 401 NORTH TUSTIN AVENUE AND 2320 EAST
FOURTH STREET - RICHARD FINKEL, APPLICANT (STRATEGIC PLAN
NO. 3, 2) — Planning and Building Agency
Planning Commission approved recommended action on October 8, 2018
by a vote of 5-0 (Mendoza and Nguyen absent).
CITY COUNCIL MINUTES 39 NOVEMBER 20, 2018
Legal Notice published in the Orange County Reporter on November 9,
2018 and notices mailed on said date.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
Councilmember Benavides, requested staff to identify implication and
reason for zoning changes.
Principal Planner Fregoso, indicated request for zone change was made by
property owner to allow construction of commercial space.
MOTION;
1. Adopt a resolution.
RESOLUTION NO. 2018-081 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED
NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2016-
156 AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM RELATIVE TO GENERAL PLAN
AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-
08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO.
2018-10 FOR THE PROJECT LOCATED AT 301 AND 325 N. TUSTIN
AVENUE
2. Adopt a resolution.
RESOLUTION NO. 2018-082 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL
PLAN AMENDMENT NO. 2018-05 FOR THE PROPERTIES LOCATED
AT 301 NORTH TUSTIN AVENUE, 431 NORTH TUSTIN AVENUE AND
2321 EAST FOURTH STREET
3. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2960 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2018-08 REZONING THE PROPERTIES
LOCATED AT 301 NORTH TUSTIN AVENUE, 325 NORTH TUSTIN
AVENUE, 401 NORTH TUSTIN AVENUE, AND 2320 EAST FOURTH
STREET FROM THE PROFESSIONAL (P) TO THE GENERAL
COMMERCIAL (C2) ZONING DISTRICT
MOTION: Tinajero
VOTE: AYES:
SECOND: Martinez
Benavides, Martinez, Pulido, Sarmiento,
CITY COUNCIL MINUTES 40 NOVEMBER 20, 2018
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C. PUBLIC HEARING: EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA MAKING FINDINGS AND EXTENDING THE MORATORIUM
ON THE APPROVAL, COMMENCEMENT, ESTABLISHMENT,
OPERATION, RELOCATION OR EXPANSION OF CYBER CAFES AND
INTERNET ACCESS BUSINESSES WITHIN THE CITY FOR AN
ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS, PURSUANT
TO GOVERNMENT CODE SECTION 65858 PENDING STUDY AND
ADOPTION OF REGULATORY AND ZONING STANDARDS OR
OPTIONS {STRATEGIC PLAN NO. 5, 4) — Planning and Building Agency;
and Police Department
Legal Notice published in the Orange County Reporter on November 9,
2018.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
Councilmember Benavides, requested staff to articulate consideration
made to legitimate businesses that may be affected.
Code Enforcement Manager Nunez, noted item would allow further analysis
to address concerns.
MOTION: Adopt an emergency ordinance. (Requires six affirmative
votes.)
ORDINANCE NO. NS -2961 - AN EMERGENCY ORDINANCE OF THE
CITY OF SANTA ANA MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, OPERATION, RELOCATION OR EXPANSION OF
CYBER CAFES AND INTERNET ACCESS BUSINESSES WITHIN THE
CITY FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS
PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING
STANDARDS
MOTION: Martinez
VOTE: AYES
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento,
CITY COUNCIL MINUTES 41 NOVEMBER 20, 2018
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. APPROVE COMMITMENT TO RESUBORDINATE THE EXISTING
AFFORDABLE HOUSING LOANS FOR THE CORNERSTONE
APARTMENTS TO $8,700,000 IN DEBT TO FUND REHABILITATION
COSTS {STRATEGIC PLAN NO. 4, 5) —Community Development Agency
MOTION: Authorize the City Manager and Executive Director of the
Housing Authority to execute a commitment letter to:
1. Resubordinate the current affordable housing loans for the
Cornerstone Apartments at 805-904 South Minnie Street, Santa
Ana, California to tax-exempt multifamily bonds (Bonds) in an
amount not to exceed $8,700,000. The Bond funds will be used to
substantially rehabilitate the Project.
2. Authorize the City Manager and Executive Director of the Housing
Authority to execute the necessary documents to level all rents
onsite at the 50% TCAC rents instead of the existing Health and
Safety Code rents.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
CITY COUNCIL MEETING RECESSED AT 9:45 P.M. AND CONVENED THE HOUSING
AUTHORITY MEETING. CITY COUNCIL MEETING RECONVENED WITH SAME
MEMBERS PRESENT AT 9:46 P.M.
CITY COUNCIL MINUTES 42 NOVEMBER 20, 2018
COMMENTS
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, advised public of abandonment of interest to acquire
property located at 3100-3120 West Central for any purpose including a
homeless shelter and has no present or future intent to acquire the site that
was originally contemplated under the MOU between the City and the
County of Orange. Introduced newly appointed Finance and Management
Services Executive Director Kathryn Downs and Parks, Recreation and
Community Services Executive Director Lisa Rudloff to City Council.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento, commented on homeless problem, County not
addressing issue, and opined City can no longer absorb other cities
problems. Directed staff to be vigilant and verify origin of homeless referred
to shelter and direct those who did not originate in the city to their home city.
Noted shelter segregated families from single men, provided a safe space
for children, and addressed all of his concerns. Adjourned in memory of
Manuel Joseph Pena, Jr.
Councilmember Tinajero, welcomed new executive directors, opined need
to have cultural shift in Parks, Recreation, and Community Services, and to
become more customer service oriented.
*Councilmember Tinajero left the meeting at 9:57 p.m.
Mayor Pro Tem Martinez, commented on importance of putting political
differences aside to accomplish moving the city forward, working with other
entities to address homeless issue, and homeless shelter is a model for
cities across the country.
Councilmember Solorio, noted successful Plaza Navidena and Christmas
Tree lighting event, new shelter will provide a humanitarian relief, and
opportunity for police to enforce anti -camping laws to clean up City. Wished
everyone a Happy Thanksgiving.
Councilmember Villegas, commented on successful Plaza Navidena event.
Thanked staff and Councilmembers for their work in opening new homeless
shelter. Happy Veteran's Day and expressed gratitude to Com -Link for
allowing him to share his experience in the military. Wished everyone a
Happy Thanksgiving.
Councilmember Benavides, spoke on community effort to address
homeless issue and opined Link homeless shelter project is a
CITY COUNCIL MINUTES 43 NOVEMBER 20, 2018
compassionate and dignified project that will service the needs of those
facing homelessness.
Mayor Pulido, adjourned in memory of Manny Pena, commented on
upcoming Orange County Street Car ground breaking ceremony, positive
addition to the City, and effort made to create homeless shelter.
ADJOURNED- 10:19 P.M. - The next meeting of the City Council is scheduled for
Tuesday, December 4, 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.
ADJOURN MEETING IN MEMORY OF
MANUEL "MANNY" PENA
Maria D. D A7
Clerk of the Council
FUTURE AGENDA ITEMS
• 2019 City Council and Council Committee Meeting Schedule
• Regional Board Appointments
• Mid -Year Budget Review
• Trash Contract
• Policy on Use of General Reserve and Enterprise Funds
CITY COUNCIL MINUTES 44 NOVEMBER 20, 2018