HomeMy WebLinkAbout2019-01-15 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JANUARY 15, 2019
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:15 p.m.)
JUAN VILLEGAS, Mayor Pro Tem
CECILIA IGLESIAS
DAVID PENALOZA
ROMAN REYNA
VICENTE SARMIENTO
JOSE SOLORIO (5:17 p.m.)
COUNCILMEMBERS Absent:
NONE
STAFF Present:
STEVEN MENDOZA, Acting 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 5:11 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:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
City of Santa Ana v. R & S Properties, LLC et al. Orange County Superior Court
Case No. 30-2017-00938753-CU-EI-CXC
CITY COUNCIL MINUTES 1 JANUARY 15, 2019
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Steven
Pham; Finance Management Services Agency
Executive Director, Kathryn Downs; and Peter
Brown, Liebert Cassidy.
Employee Organizations: • Santa Ana Police Officers Association (POA)
• Service Employees' International Union (SEIU)
Part-time Civil Service Employees
3. PUBLIC EMPLOYEE EMPLOYMENT / EVALUATION OF
PERFORMANCE/DISCIPLINE OR DISMISSAL / RELEASE / APPOINTMENT
pursuant to Section 54957(b)(1) of the Government Code:
A) Title: City Manager.
B) Title: Acting/Interim City Manager
4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957 (b)(1) of the
Government Code:
Title: Acting/Interim Clerk of the Council
CLOSED SESSION REPORT - See Agenda Item 19A for reportable action.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION
AT 7:16 P.M.
CITY COUNCIL MINUTES 2 JANUARY 15, 2019
CALLED TO ORDER
REGULAR OPEN SESSION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
7:17 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tem
CECILIA IGLESIAS
DAVID PENALOZA
VICENTE SARMIENTO
JOSE SOLORIO
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCILMEMBERS Absent:
ROMAN REYNA (7:16 P.M.)
STAFF Present:
STEVEN MENDOZA, Acting City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
CURTIS SMITH, POLICE CHAPLAIN
• CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing the
winners of the 2018 Register and Vote Campaign.
• CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO
recognizing Iliminando Sonrisas for their completion of the professional cosmetics
workshop series.
CLOSED SESSION REPORT — Refer to Agenda Item 19A for reportable action.
PUBLIC COMMENTS (Agendized Items) — None.
CITY COUNCIL MINUTES 3 JANUARY 15, 2019
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items10A through 32A, with the following modifications:
• Mayor Pulido pulled Agenda Item 19C for separate discussion.
• Councilmember Iglesias pulled Agenda Items 20A, 20C, 25D, and 25J for separate
discussion; and
• Councilmember Sarmiento requested 55C to be taken out of order before vote on
the balance of the Consent Calendar Items.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas (6)
None (0)
None (0)
Reyna (1)
AGENDA ITEM 55C CONSIDERED OUT OF ORDER BEFORE VOTE ON THE BALANCE
OF THE CONSENT CALENDAR
55C. ADOPT RESOLUTION OF THE CITY COUNCIL URGING PRESIDENT
TRUMP TO CEASE EFFORTS TO REINTERPRET OR RENEGOTIATE THE
2008 UNITED STATES -VIETNAM REPATRIATION AGREEMENT IN ORDER
TO DEPORT VIETNAMESE IMMIGRANTS WHO HAVE LIVED IN THE
UNITED STATES FOR DECADES {STRATEGIC PLAN NO. 51 — City
Manager's Office
The following spoke on the matter:
Ken Nguyen, opposed to the current administration's attempts to renegotiate
the 2008 United States -Vietnam Repatriation agreement. Urged City Council to
support item.
Councilmember Sarmiento, supportive of Resolution to keep the 2008 United
States -Vietnam Repatriation agreement intact and to continue support towards
the Vietnamese community.
MOTION: Adopt a resolution.
RESOLUTION NO 2019-001 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA URGING PRESIDENT TRUMP TO CEASE EFFORTS
CITY COUNCIL MINUTES 4 JANUARY 15, 2019
TO REINTERPRET OR RENEGOTIATE THE 2008 UNITED STATES -
VIETNAM REPATRIATION AGREEMENT IN ORDER TO DEPORT
VIETNAMESE IMMIGRANTS WHO HAVE LIVED IN THE UNITED STATES
FOR DECADES
MOTION: Sarmiento SECOND: Iglesias
VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
MAYOR CALLED FOR THE VOTE ON THE BALANCE OF THE CONSENT CALENDAR
ITEMS.
MOTION: Sarmiento SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas (6)
MINUTES
10A.
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
ADMINISTRATIVE MATTERS
MINUTES FROM THE SPECIAL MEETING OF DECEMBER 11, 2018
(STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 5 JANUARY 15, 2019
10B. MINUTES FROM THE REGULAR MEETING OF DECEMBER 18, 2018
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE SPECIAL MEETING OF JANUARY 4, 2019
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT ANGIE RIVERA TO THE PERSONNEL BOARD FOR A FULL-TERM
EXPIRING DECEMBER 13, 2022 AS THE WARD 2 REPRESENTATIVE
(STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Nominate Angie Rivera for an appointment to the Personnel
Board as the Ward 2 representative (replaces P. Gonzales).
13B. APPOINT JENNIFER OLIVA TO THE ARTS AND CULTURE COMMISSION
FOR A FULL-TERM EXPIRING DECEMBER 13, 2022 AS THE WARD 2
REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Nominate Jennifer Oliva for an appointment to the Arts and
Culture Commission as the Ward 2 representative (replaces M. Rubio).
13C. APPOINT CECILIA AGUINAGA TO THE COMMUNITY REDEVELOPMENT
AND HOUSING COMMSSION FOR A PARTIAL -TERM EXPIRING
DECEMBER 8, 2020 AS THE WARD 3 REPRESENTATIVE (STRATEGIC
PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Nominate Cecilia Aguinaga for an appointment to the
Community Redevelopment and Housing Commission as the Ward 3
representative (replaces M. Tardif).
13D. APPOINT LUIS ALEMAN TO THE BOARD OF RECREATION AND PARKS
FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 AS THE WARD 3
REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Nominate Luis Aleman for an appointment to the Board of
Recreation and Parks as the Ward 3 representative (replaces C.
Aguinaga).
CITY COUNCIL MINUTES 6 JANUARY 15, 2019
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. 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
Continued from the November 20, 2018 City Council meeting by a vote of 6-1
(Benavides dissented) and December 18, 2018 City Council meeting by a vote
of 7-0.
Mayor Pulido motioned to continue consideration of matter 30 days. Seconded
by Councilmember Sarmiento.
Councilmember Solorio, requested presentation from applicant. Expressed
concern over lack of progress.
Mike Harrah, President of Caribou Industries, provided City Council with status
update and project update.
Councilmember Penaloza, supportive of staff direction and expressed need to
move forward with agreement.
Councilmember Iglesias, echoed statements made by Councilmember
Penaloza. Supportive of item.
MOTION: Continue consideration of matter 30 days.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
'Motion failed 3-3.
SECOND: Sarmiento
Pulido, Sarmiento, Villegas (3)
Iglesias, Penaloza, Solorio (3)
None (0)
Reyna (1)
CITY COUNCIL MINUTES 7 JANUARY 15, 2019
Councilmember Sarmiento requested a substitute motion to include direction to
City Manager in the original staff recommendation.
SUBSTITUTE MOTION: Authorize the City Manager to negotiate an
Exclusive Negotiating Agreement (ENA) for the reuse of the YMCA
property with Caribou Industries, subject to non -substantive changes
approved by the City Manager and City Attorney. Direct City Manager to
host a meeting between Mike Harrah and representatives of the Orange
County School of the Arts.
MOTION: Pulido
VOTE: AYES:
NOES
ABSTAIN
SECOND: Sarmiento
Iglesias, Penaloza, Solorio (3)
Pulido, Sarmiento, Villegas (3)
None (0)
ABSENT: Reyna (1)
*Motion failed 3-3. Mayor Pulido conveyed consideration of matter be rolled over for two
weeks.
19D. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2018
{STRATEGIC PLAN NO. 5, 1) - City Manager's Office
The Strategic Plan Monthly Reports are available on the City's website at:
https://www.santa-ana.org/cm/creating-our-future-strategic-planning-process .
MOTION: Receive and file.
Councilmember Sarmiento left the dais at 7:43 P.M.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENT AND PURCHASE AND SALE
AGREEMENT FOR PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301
AND 1305 WEST 12TH STREET (APN 004-113-19 AND APN 004-113-34)
FOR BRISTOL STREET IMPROVEMENTS PROJECT PHASE 3A (PROJECT
NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3,2C) —
Public Works Agency
CITY COUNCIL MINUTES 8 JANUARY 15, 2019
Councilmember Iglesias, requested overview of project.
City Engineer, William Galvez, provided City Council with history of project and
with item overview.
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
purchase and sale agreement with Marshall -Kelley LLC, a California
corporation, for the sale of City -owned property located at 1301 and
1305 West 12th Street in the amount of $233,400, subject to non -
substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2019-001).
2. Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019-040 - Recognizing revenue in
the amount of $159,879 in the Select Street Construction Fund revenue
account for fiscal year 2018-19 from the sale of City -owned property located
at 1301 and 1305 West 12th Street and appropriating the same to the
Orange County Transportation Authority (OCTA) Bristol Street Corridor
Improvements expenditure account. Receipt of Measure M Street
Construction proceeds in the amount of $73,521 will be disbursed to OCTA.
MOTION: Villegas
VOTE: AYES
SECOND: Solorio
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
20B. APPROVE APPROPRIATION ADJUSTMENTS FOR FUNDING FROM THE
HOUSING AND URBAN DEVELOPMENT VETERANS AFFAIRS
SUPPORTIVE HOUSING (HUD-VASH) PROGRAM AND MAINSTREAM
VOUCHER PROGRAM {STRATEGIC PLAN NOS. 4, 1; 5, 3) — Community
Development Agency
MOTION: Approve appropriation adjustments. (Requires five affirmative
votes).
1. APPROPRIATION ADJUSTMENT NO. 2019-064 - Recognizing additional
Housing and Urban Development Veterans Affairs Supportive Housing
CITY COUNCIL MINUTES 9 JANUARY 15, 2019
(HUD-VASH) Program funds in the amount of $2,183,924 in revenue
account and appropriating the same amount to expenditure account.
2. APPROPRIATION ADJUSTMENT NO. 2019-064 - Recognizing additional
Mainstream Housing Choice Voucher Program funds in the amount of
$585,384 in revenue account and appropriating the same amount to
expenditure account.
20C. APPROVE APPROPRIATION ADJUSTMENTS AND REALLOCATION OF
FUNDS FOR BRISTOL STREET IMPROVEMENTS PROJECT PHASE 3B
(PROJECT NO. 11-6740 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6,
1 G; 3, 2C} — Public Works Agency
Councilmember Iglesias, requested staff to present funding review.
City Engineer, William Galvez, provided City Council with item overview.
MOTION: Approve appropriation adjustments. (Requires five affirmative
votes).
1. APPROPRIATION ADJUSTMENT NO. 2019-063 - Appropriating $600,000
from prior year fund balance in the Select Street Construction revenue
account, and appropriating the same amount into the Select Street
Construction expenditure account.
2. APPROPRIATION ADJUSTMENT NO. 2019-063 - Recognizing $272,000 in
Transportation System Improvement Area F revenues, and appropriate the
same amount into Transportation System Improvement Area F expenditure
account.
3. Authorize the reallocation of $1,252,209 in unspent Fiscal Year 2015-16
Measure M2 Local Fairshare Funds from a completed project to the Bristol
Street Improvements Project Phase 3B (Project No. 11-6740).
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Penaloza, Pulido, Solorio, Villegas (4)
NOES: Iglesias (1)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
*Motion failed 4-0 vote. Consideration of matter to be considered at the next regular council
meeting.
CITY COUNCIL MINUTES 10 JANUARY 15, 2019
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. CONTRACTS AWARD FOR TRAINING AND DUTY POLICE AMMUNITION
(SPECIFICATION NO. 18-088) (STRATEGIC PLAN NO. 1, 5) - Finance and
Management Services Agency and Police Department
MOTION: Award contracts for the purchase of training and duty police
ammunition for a three-year period expiring December 31, 2021, with
provision for two one-year renewals exercisable by the City Manager. The
total of all contracts will not exceed $126,346 per year, subject to non -
substantive changes approved by the City Manager and City Attorney,
with the following vendors:
Vendor
Location
Defense Arms Syndicate
Bronx, NY
Dooley Enterprises, Inc.
Anaheim, CA
Miwall Corporation
Grass Valley, CA
On Target Ammunition, LLC
Grain Valley, MO
San Diego Police Equipment
San Diego, CA
AGREEMENTS
25A. APPROVE AN AGREEMENT WITH GILBARCO INC. FOR GASBOY FUEL
MANAGEMENT MAINTENANCE AND REPAIR SERVICES {STRATEGIC
PLAN NO. 6, 21 — Finance and Management Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a five-year agreement with Gilbarco Inc. to provide maintenance and
repair services for City's Gasboy fuel management system for the period
of December 18, 2018 through December 31, 2023 for a total amount not
to exceed $38,170, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2019-002).
25B. APPROVE LEGAL SERVICES AGREEMENT WITH HAIGHT BROWN &
BONESTEEL, LLP, RELATED TO ADMINISTRATIVE AND LITIGATION
MATTERS FOR GENERAL LIABILITY, PERSONNEL AND POLICE MATTERS
{STRATEGIC PLAN NO. 1,3,4,5) - City Attorney's Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
an on-call legal services agreement with the law firm of Haight Brown &
Bonesteel, LLP, ("HBB") related to administrative and litigation matters
concerning general liability, personnel and police matters for a three (3)
year term ending on January 14, 2022, with an option to extend the term
for up to one (1) year, in an amount not to exceed $250,000, including any
CITY COUNCIL MINUTES 11 JANUARY 15, 2019
extension period, subject to non -substantive changes approved by the
City Manager and the City Attorney (AGMT. No. 2019-003).
25C. APPROVE AN AGREEMENT WITH MGT OF AMERICA, LLC FOR STATE
MANDATED REIMBURSEMENT SERVICES {STRATEGIC PLAN NO. 4, 1} —
Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
a three-year agreement with MGT of America Consulting, LLC, for the
period of January 15, 2019 through January 14, 2022 for SB90 State
mandated cost -reimbursement claim services support in an amount not
to exceed $34,200, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2019-004).
25D. APPROVE AN AGREEMENT WITH THE UNIVERSTIY OF CALIFORNIA,
IRVINE (UCI) TO PROVIDE SEXUAL ASSAULT EVIDENCE COLLECTION
SERVICES TO THE POLICE DEPARTMENT {STRATEGIC PLAN GOAL NO.
1, 1 D} — Police Department
Councilmember Iglesias, requested staff to present agreement review and
scope.
Deputy Chief Kenneth Gominski, presented overview of services and cost
analysis.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an initial three-year agreement with the University of California, Irvine
(UCI) for the period of July 1, 2018 through June 30, 2021, to provide
sexual assault victim examinations and evidence collection for the Police
Department, in the amount of $61,200 (including a $3,900 contingency),
subject to non -substantive changes approved by the City Manager and
City Attorney. The agreement also includes one (1) two-year renewal
option exercisable in writing by the City Manager and the City Attorney, in
the amount of $28,600 (including a $2,600 contingency). The total not to
exceed agreement amount for the three-year base agreement and two-
year renewal option, if exercised, will not exceed $89,800 (AGMT. No.
2019-005).
MOTION: Iglesias
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Villegas
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
12
JANUARY 15, 2019
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
25E. APPROVE AN AGREEMENT WITH CONCENTRA MEDICAL CENTER
DOING BUSINESS AS OCCUPATIONAL HEALTH CENTERS OF
CALIFORNIA (CONCENTRA), A MEDICAL CORPORATION TO PROVIDE
OCCUPATIONAL MEDICAL SERVICES {STRATEGIC PLAN NO. 7,51 —
Human Resources Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Concentra Medical Center doing business as
Occupational Health Centers of California (Concentra), a Medical
Corporation, to provide a comprehensive medical services review
program for a three-year period from February 1, 2019 until January 31,
2022, and with two (2) one-year optional renewals of $100,000 each
additional year not to exceed $500,000 over a five (5) year period. Subject
to non -substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2019-006).
25F. AGREEMENT WITH KAPSCH TRAFFICCOM USA, INC. FOR SCADA
SYSTEM MAINTENANCE [NON -GENERAL FUND] {STRATEGIC PLAN NO.
6, 1 C) — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council Manager to
execute an agreement with Kapsch TrafficCom USA, Inc., to provide
software support and maintenance for the City's water production
facilities Supervisory Control and Data Acquisition System for a three-
year period beginning January 15, 2019, and ending January 14, 2022, with
provision for one two-year renewal exercisable by the City Manager, in an
annual amount not to exceed $50,000 per year, subject to nonsubstantive
changes approved by the City Manager and City Attorney, for a total
amount not to exceed $250,000 (AGMT. No. 2019-007).
25G. APPROVE AGREEMENT WITH KOA FOR CONSULTING DESIGN
ENGINEERING SERVICES FOR BUSH STREET BICYCLE BOULEVARD
(PROJECT NO. 18-9002) (STRATEGIC PLAN NO. 6, 1G) — Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with KOA for a two-year term beginning January 15, 2019,
and expiring on January 14, 2021, with two one-year renewal options
CITY COUNCIL MINUTES 13 JANUARY 15, 2019
exercisable by the City Manager and the City Attorney, to provide
consulting design engineering services for Bush Street Bicycle
Boulevard Design, in the total amount not to exceed $142,984, which
includes a 10 percent contingency in the amount of $12,999, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(AGMT. No. 2019-008).
25H. APPROVE EXCHANGE OF REAL PROPERTY LOCATED AT 1217 N.
BRISTOL STREET WITH SOUTHERN CALIFORNIA EDISON RELATED TO
BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792,
NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) — Public
Works Agency
Continued from the December 4, 2018 City Council meeting by a vote of 5-1
(Martinez dissented and Sarmiento absent).
MOTION: Authorize the City Manager and Clerk of the Council to execute
agreement for the Exchange of Real Property for the property commonly
known as 1217 N. Bristol Street (APN 405-274-11) and goodwill (if any) with
Southern California Edison Company, acquisition type - exchange, in the
amount of $0, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2019-009).
251. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY
ACQUISITIONS LOCATED AT 2245 S. MAIN STREET, 402 E. WARNER
AVENUE AND 2246 S. ORANGE AVENUE (APN 403-141-08, APN 016-035-
01 AND APN 403-142-17) FOR WARNER AVENUE IMPROVEMENTS PHASE
1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) (STRATEGIC PLAN
NOS. 6, 1 G; 3, 2C) — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
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:
No. Property Owner Property commonly Acquisition Amount Agmt. No.
known as / location Type
Tesoro Refining 2245 S. Main St.
1. and Marketing (APN 403-141-08) Full $2,750,000 2019-010
Comoanv LLC
2 Maria Josefa 402 E. Warner Ave. Full $490,000 2019-011
Pena (APN 016-035-01)
3. Delia Castillo 2246 S. Orange Ave. Full $468,000 2019-012
(APN 403-142-17)
CITY COUNCIL MINUTES 14 JANUARY 15, 2019
Total $3,708,000
25J. APPROVE SEVERANCE AGREEMENT WITH RAUL GODINEZ II — Human
Resources Department
Councilmember Iglesias, unsupportive of compensation amount. Requested
staff to provide accounting of all severance amounts paid to City Managers in
the past four years.
Acting City Manager Mendoza, noted matter is a personnel matter and certain
information may be confidential.
MOTION: Approve the Severance Agreement and General Releases with
Raul Godinez II and authorize the Mayor to execute the Agreement (AGMT.
No. 2019-013).
MOTION: Villegas
SECOND: Pulido
VOTE: AYES:
Penaloza, Pulido, Solorio, Villegas (4)
NOES:
Iglesias (1)
ABSTAIN:
None (0)
ABSENT:
Reyna, Sarmiento (2)
TENTATIVE PARCEL/TRACT MAPS
32A. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP
NO. 2018-04 TO SUBDIVIDE A PROPOSED TOWNHOME DEVELOPMENT
INTO EIGHT CONDOMINIUM UNITS AT 3417 AND 3425 WEST FIFTH
STREET - DAVID DUONG, APPLICANT {STRATEGIC PLAN NOS. 3, 2) —
Planning and Building Agency
Planning Commission approved recommended action on December 10, 2018
by a vote of 5:0 (Alderete abstained).
MOTION: Receive and file the staff report approving Tentative Tract Map
No. 2018-04 as conditioned.
**END OF CONSENT CALENDAR**
CLERK OF THE COUNCIL ADMINISTERED OATH OF OFFICE LATER IN COUNCIL
MEETING.
CITY COUNCIL MINUTES 15 JANUARY 15, 2019
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. ADOPT A RESOLUTION WITH THE STATE OF CALIFORNIA, CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR URBAN AREAS
SECURITY INITIATIVE (UASI) FUNDING (STRATEGIC PLAN NO. 1.2, 6) —
Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO 2019-002 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN
AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S
OFFICE OF EMERGENCY SERVICES FOR THE FY2019 URBAN AREA
SECURITY INITIATIVE FUNDING PROGRAM
2. Direct the City Attorney to prepare and authorize the Chief of Police
and the Clerk of the Council to enter into reimbursement agreements
for all grant related program and project activities, to include planning,
organization, equipment, training, exercise, and management and
administration costs, with the County of Orange or any of the cities
located in the designated Anaheim/Santa Ana Urban Area (AGMT. No.
2019-014).
MOTION: Villegas SECOND: Pulido
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
55B. APPROVE AN APPROPRIATION ADJUSTMENT RELATED TO MEASURE X
ADOPT RESOLUTIONS TO AUTHORIZE EXECUTION OF AGREEMENTS
WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION FOR IMPLEMENTATION OF LOCAL VOTER APPROVED
TRANSACTIONS AND USE TAX AND AUTHORIZE SECOND AMENDMENT
TO AGREEMENT WITH MUNISERVICES, LLC FOR TRANSACTIONS AND
CITY COUNCIL MINUTES 16 JANUARY 15, 2019
USE TAX REPORTING, ANALYSIS AND RECOVERY SERVICES
{STRATEGIC PLAN NO. 4, 3A) — Finance and Management Services Agency
Council discussion ensued.
Councilmember Solorio, supportive of item with option to make further revisions.
Acting City Manager Mendoza, provided City Council with overview of oversight
committee and noted potential to make further revisions as needed.
Councilmember Iglesias, requested further description of committee
composition.
MOTION;
1. Approve appropriation adjustments. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2019-065 - Recognizing Sales Tax
revenue related to the passage of Measure X (Transactions and Use Tax)
for fiscal year 2018-19 in the amount of $15,000,000.00 and appropriating
the same amount to General Non -Departmental expenditure account(s).
2. Adopt a resolution.
RESOLUTION NO 2019-003 - A RESOLUTION OF THE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
3. Authorize the City Manager and Clerk of the Council to execute an
Agreement for Preparation to Administer and Operate District's
Transactions and Use Tax Ordinance (Local Charge Agreement with
the CDTFA), in an amount not to exceed $175,000, commencing
February 1, 2019, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2019-015).
4. Authorize the City Manager and Clerk of the Council to execute an
Agreement for State Administration of District Transactions and Use
Taxes with the CDTFA to perform functions incidental to the
administration and collection of local transactions and use taxes,
subject to non -substantive changes approved by the City Manager and
City Attorney. The agreement to commence April 1, 2019, and continue
until December 31, 2039 (for six months following the expiration date
of the City Ordinance, March 31, 2039), and thereafter to renew
automatically from year-to-year until CDTFA completes all work
necessary to the administration of the City Ordinance and has received
CITY COUNCIL MINUTES 17 JANUARY 15, 2019
and disbursed to the City all payments due under that Ordinance
(AGMT. No. 2019-016).
5. Adopt a resolution.
RESOLUTION NO 2019-004 - A RESOLUTION OF THE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
EXAMINATION OF SALES AND TRANSACTIONS AND USE TAX
RECORDS
6. Authorize the City Manager and Clerk of the Council to execute a
Second Amendment to Agreement with MuniServices, LLC to
expressly include Transactions and Use Tax reporting, analysis and
recovery services beginning April 1, 2019, and to extend the contract
period one and one-half years (1 %) effective January 1, 2021 through
June 30, 2022 (AGMT. No. 2019-017).
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
CLERK OF THE COUNCIL HUIZAR ADMINISTERED THE OATH OF OFFICE TO THE
NEWLY APPOINTED COMMISSIONERS:
Arts and Culture Commission - Jennifer Oliva
Personnel Board - Angie Rivera
AGENDA ITEM 55C CONSIDERED OUT OF ORDER.
REPORTS
65A. APPROVE PARAMETERS OF CITIZEN'S OVERSIGHT COMMITTEE FOR
MEASURE X (SANTA ANA NEIGHBORHOOD SAFETY, HOMELESS
PREVENTION, AND ESSENTIAL CITY SERVICES ENHANCEMENT
MEASURE) REVENUE {STRATEGIC PLAN NO. 7, 2) — Finance and
Management Services Agency
CITY COUNCIL MINUTES 18 JANUARY 15, 2019
Councilmember Solorio moved with incorporation of prior discussion involving
Item 55B.
MOTION: Direct staff to prepare a resolution for City Council
consideration and include
• By-laws and selection process of a Citizen Oversight Committee
related to Measure X approved by the voters in November 2018,
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Villegas
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
None (0)
None (0)
Reyna, Sarmiento (2)
65B. DISCUSS AND CONSIDER RESTRUCTURING THE CITY COUNCIL
COMMITTEES, ESTABLISH MEETING SCHEDULE AND APPOINT
MEMBERS {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
Council discussion ensued.
Councilmember Solorio, directed City Manager's staff to reach out to
Councilmembers to determine what committee they wish to serve on by order
of preference.
Mayor Pro Tem Villegas, supportive of Councilmember Solorio's motion.
Mayor Pulido, supportive of item and to establish ad hoc committees as needed
and independent of current item.
Councilmember Iglesias, expressed interest to serve on the Santa Ana Unified
School District and City Council Joint Policy Council Committee.
AMENDED MOTION:
1. Maintain current council committees.
2. Councilmember Iglesias expressed interest in serving on the
PREY/Joint City Council and Santa Ana Unified School District.
CITY COUNCIL MINUTES 19 JANUARY 15, 2019
3. Staff to bring back list of councilmembers that have expressed interest
in serving on a committee to ratify members and schedule.
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
65C. APPROVAL OF TERMS FOR RESIDENT VEHICLE INCENTIVE PROGRAM
(VIP) {STRATEGIC PLAN NO. 3, 3C} — Community Development Agency
The following spoke on the matter:
Peter Whittingham, on behalf of Orange County Auto Dealers Association,
supportive of staff preparing ongoing status report to City Council every two
years.
Council discussion ensued.
Mayor Pro Tem Villegas, supportive of two-year reporting cycle.
Councilmember Solorio, supportive of item with ongoing oversight.
Acting City Manager Mendoza, provided City Council with review of proposed
program and requested City Council to provide further direction as needed.
Noted agreement to be presented for Council consideration in 30 days.
Mayor Pulido, supportive of creating an efficient process that minimizes the
need to engage staff.
AMENDED MOTION:
1. Approve Terms of Resident Vehicle Incentive Program as agreed upon
after deliberation of the City Council.
2. Direct Staff to draft terms into an Agreement for consideration at the
February 5, 2019 City Council meeting.
MOTION: Solorio
VOTE: AYES
SECOND: Penaloza
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
CITY COUNCIL MINUTES 20 JANUARY 15, 2019
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
PUBLIC HEARINGS
75A. PUBLIC HEARING — ADOPT A ZONING ORDINANCE AMENDMENT NO.
2018-04 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE AND SECTIONS OF SPECIFIC DEVELOPMENT NO.
19 AND SPECIFIC DEVELOPMENT NO. 40 — CITY OF SANTA ANA,
APPLICANT {STRATEGIC PLAN NO. 3, 2; 5, 31
Planning Commission approved recommended action on December 10, 2018
by a vote of 5-0 (Alderete absent).
Legal Notice published in the Orange County Reporter on January 4, 2019.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
Council discussion ensued.
Mayor Pulido, unsupportive of item. Supportive of sending item to Planning
Commission for review. Directed staff to present item to City Council for review
prior to preparing a final recommended action.
Councilmember Solorio, expressed concern over project parking direction.
Unsupportive of item.
Acting City Manager Mendoza, recommended Council to send item to Planning
Commission for review.
MOTION: Deny staff recommendation; have it considered at the council
committee level before presented at council meeting.
MOTION: Villegas SECOND: Iglesias
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 21 JANUARY 15, 2019
ABSENT: Reyna, Sarmiento (2)
Acting City Manager Mendoza recommends to send back to Planning
Commission for final polishing.
Mayor Pulido requested item be presented back to council early before final
recommendation is to be voted on. Include City Council through the process.
AMENDED MOTION: Direct the Planning Commission to consider matter,
and include City Council throught the process prior to bringing back to a
future City Council meeting.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Iglesias
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
None (0)
None (0)
Reyna, Sarmiento (2)
75B. PUBLIC HEARING — ABANDONMENT NO. 18-03 TO VACATE BREEDEN
STREET AND A PORTION OF THIRD STREET {STRATEGIC PLAN NO. 3,2) -
Public Works Agency
City Council adopted a resolution of the City's intent to vacate on December 4,
2018 by a vote of 6-0 (Sarmiento absent).
Legal Notice published in the Orange County Reporter on January 4, 2019 and
January 11, 2019.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Adopt a resolution.
RESOLUTION NO 2019-005 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA VACATING ALL OF BREEDEN STREET
AND A PORTION OF THIRD STREET BETWEEN STANDARD AVENUE
AND BREEDEN STREET (ABANDONMENT NO. 18-03)
CITY COUNCIL MINUTES 22 JANUARY 15, 2019
2. In the event the resolution is adopted, authorize the City Manager and
Clerk of the Council to execute an agreement, subject to non -
substantive changes approved by the City Manager and City Attorney,
for the conveyance of the City's fee interest in the excess right-of-way
to Shirlee L. Heidler, Trustees of the Heidler Family Trust dated April
25, 1994, in exchange for the dedication of Standard Avenue (AGMT.
No. 2019-018).
MOTION: Villegas SECOND: Penaloza
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. APPROVE A PRE -LOAN COMMITMENT OF $3,170,547 OF AFFORDABLE
HOUSING FUNDS AND EIGHT PROJECT -BASED VOUCHERS TO
NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA AND MERCY
HOUSE LIVING CENTERS FOR THE DEVELOPMENT OF THE SANTA ANA
UNITED METHODIST CHURCH PROJECT {STRATEGIC PLAN NO. 5,3C) —
Community Development Agency
At its special meeting on December 19, 2018 the Community Redevelopment
and Housing Commission recommended that the City Council and Housing
Authority approve the recommended actions by a vote of 5: 0 (Ramos and Urzua
abstained).
The following spoke on the matter:
• David James, expressed support for item. Opined community has been
marginalized.
• Marie Chevallier, supportive of Legacy Square project. Opined project will
provide supportive services to the homeless community.
• Nina Khiv, Nursery Director at Santa Ana Unified Methodist Church,
supportive of item. Opined community in dire need of affordable housing.
• Adiel DePano, Lead Pastor of Santa Ana United Methodist Church
supportive of creating affordable housing. Urged City Council to support
project.
• Doug Gillen, Chairman of Board of Trustee of United Methodist Church
opined project would benefit community. Urged City Council to support
project.
CITY COUNCIL MINUTES 23 JANUARY 15, 2019
• Deborah Gillen, Chairperson of the Governance Board of Santa Ana United
Methodist Church, addressed City Council to request support for project.
• Gerry Geroca, supportive of providing affordable housing and of Legacy
project.
• Ruben Esponda, Associate Pastor for Santa Ana United Methodist Church,
supportive of Legacy project.
• Carla Jasa, Chief Operating Officer for Orange County United Way,
addressed City Council to offer support towards project and ongoing efforts
to address homeless issue.
Council discussion ensued.
Councilmember Iglesias, expressed concern with approving projects with little
consideration to parking impact.
Acting City Manager Mendoza, noted item presented is funding related and is
not land -use related.
Alexa Washburn, Vice President of Policy and Planning for National Community
Renaissance, provided City Council with parking management and plan
considerations.
Planning and Building Executive Director Minh Thai, provided City Council with
parking management review and affordable housing requirements.
Councilmember Solorio, noted project went through thorough process. Directed
staff to consider valet parking as a requirement for future projects. Supportive
of item.
Mayor Pro Tem Villegas, supportive of item.
Mayor Pulido, optimistic project will benefit community. Supportive of item.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a pre -loan commitment letter with National Community
Renaissance of California ("National CORE") with Mercy House Living
Centers ("Mercy House") as the service provider for $3,170,547 in
Inclusionary Housing Funds for the development of the Santa Ana United
Methodist Church affordable housing project located at 609 N Spurgeon
Street, Santa Ana, CA 92701, subject to non -substantive changes
approved by the City Manager and City Attorney
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
CITY COUNCIL MINUTES 24 JANUARY 15, 2019
ABSTAIN: None (0)
ABSENT: Reyna, Sarmiento (2)
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. RECEIVE UPDATE FROM STAFF REGARDING RAILROAD COMPANY
RIGHT-OF-WAY MAINTENANCE COMPLIANCE (HOMELESS
ENCAMPMENTS/ABANDONED PROPERTY/TRASH/GRAFFITI, ETC.) AND
ADMINISTRATIVE AND LEGAL OPTIONS TO ADDRESS LACK OF PROMPT
AND ONGOING COMPLIANCE. DISCUSS AND PROVIDE DIRECTION, AS
NEEDED, TO STAFF REGARDING THIS MATTER AND OTHER LARGE
PROPERTY OWNERS THIS MAY BE APPLICABLE TO - Councilmembers
Solorio, Penaloza and Iglesias
The following spoke on the matter:
Carlo J. Bonanni, addressed City Council to express concern over homeless
issue on railroad tracks near Bristol Avenue. Urged City Council to address
homeless issue.
Councilmember Solorio, directed staff to provide City Council with update on
railroad property issues and potential enforcement actions within thirty days.
Mayor Pulido, supportive of contacting Judge Carter to coordinate efforts.
Deputy Chief Gominski, noted railroad company does not make sufficient efforts
to address cleanup and homeless issues.
Councilmember Iglesias, supportive of pursuing enforcement options.
Councilmember Penaloza, supportive of pursuing enforcement options.
CITY COUNCIL MEETING RECESSED AT 9:04 P.M. AND CONVENED THE HOUSING
AUTHORITY MEETING IMMEDIATELY FOLLOWED BY THE SUCCESSOR AGENCY
MEETING AND RECONVENED AT 9:08 P.M. WITH SAME MEMBERS PRESENT.
CITY COUNCIL MINUTES 25 JANUARY 15, 2019
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items)
Dale Helvig, opposed to 2525 Main Street development.
90A. CITY MANAGER'S COMMENTS
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Solorio, noted upcoming Orange County Woman's March event
on Saturday January 19, 2019. Encouraged all to -attend.
Councilmember Penaloza, noted today marks Martin Luther King's birthday.
Councilmember Iglesias, expressed her commitment to improve parks. Directed
staff to research potential to create a position to address goals. Noted upcoming
National School Choice Week event on January 26, 2019.
Mayor Pro Tem Villegas, provided report on his attendance at Veterans Village
groundbreaking event held on January 7, 2019.
Mayor Pulido, adjourned meeting in memory of Mayor Greg Pettis.
ADJOURNED- 9:18 P.M. A Special Joint Meeting of the Santa Ana and Garden Grove
City Council will convene for a Study Session to be held on Tuesday,
January 29, 2019, at 5:30 p.m. at the City of Garden Grove Community
Meeting Center, 11300 Stanford Avenue, Garden Grove, California
92840
The next meeting of the Santa Ana City Council is scheduled for
Tuesday, February 5, 2019 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.
Maria D. Huizar
Clerk of the Council
CITY COUNCIL MINUTES 26 JANUARY 15, 2019
FUTURE AGENDA ITEMS
• 2019 Council Committee Meeting Schedule
• Mid -Year Budget Review
• Policy on Use of General Reserve and Enterprise Funds
CITY COUNCIL MINUTES 27 JANUARY 15, 2019