HomeMy WebLinkAbout2019-03-19 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 19, 2019
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tem
CECILIA IGLESIAS
DAVID PENALOZA
JOSE SOLORIO (5:13 P.M.)
COUNCILMEMBERS Absent:
VICENTE SARMIENTO
WARD 4 VACANT*
STAFF Present:
STEVEN MENDOZA, Acting City Manager
SONIA R. CARVALHO, City Attorney
NORMA MITRE, Acting Clerk of the Council
* Ward 4 councilmember representative resigned on Friday, March 1, 2019.
PUBLIC COMMENTS — NONE
COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:13 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:
a) City of Santa Ana v. Robert Marlin, Trustee, et al., Orange County Superior
Court, Case No. 30-2017-00938943
CITY COUNCIL MINUTES 1 MARCH 19, 2019
b) Amber Machowski, et al, v. Bird Rides, Inc., et al., USDC Case No. 2-19-cv-
01014-JAK-MRW
c) Norma Dominguez v. City of Santa Ana; Orange County superior Case
No. 30-2017-00935598-CU-PO-CJC
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Steven
Pham and Peter Brown, Liebert Cassidy.
Employee Organizations:
• Santa Ana Police Management Association
(PMA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Service Employees' International Union
(SEIU) Part-time Civil Service Employees
• Service Employees' International Union (SEIU)
Part -Time
• Confidential Association of Santa Ana (CASA)
• Santa Ana Management Association
(SAMA)
3. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to
Government Code 54957(b)(1)
Title: City Manager, Acting City Manager, or Interim City Manager
4. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to
Government Code 54957(b)(1)
Title: Clerk of the Council, Acting Clerk of the Council, or 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 6:21 P.M.
CITY COUNCIL MINUTES 2 MARCH 19, 2019
CALLED TO ORDER
REGULAR OPEN SESSION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:21 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tem
CECILIA IGLESIAS
DAVID PENALOZA
JOSE SOLORIO
COUNCILMEMBERS Absent:
VICENTE SARMIENTO
WARD 4 VACANT*
STAFF Present:
STEVEN MENDOZA, Acting City Manager
SONIA R. CARVALHO, City Attorney
NORMA MITRE, Acting Clerk of the Council
* Ward 4 councilmember representative resigned on Friday, March 1, 2019.
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
MAYOR PULIDO
BOB BARNETT. POLICE CHAPLAIN
• INTRODUCTION OF ORANGE COUNTY FIRE AUTHORITY DIVISION CHIEF JAMES
HENERY by MAYOR PULIDO
• CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing Joseph
Hawa for contributions to the community.
CLOSED SESSION REPORT — See Agenda Item 19A for reportable action.
PUBLIC COMMENTS — (Agendized items) See 19F and 32B.
CITY COUNCIL MINUTES 3 MARCH 19, 2019
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items10A through 32C, with the following modifications:
• Councilmember Iglesias, pulled Agenda Item 11A, 19C, 19E, 19F, 22A, and 25D
for separate discussion.
• Councilmember Solorio, pulled Item 19E for separate discussion.
• Mayor Pro Tem Villegas, requested reconsideration of Item 32A.
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 councilmember representative resigned on Friday, March 1, 2019.
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR AND SPECIAL MEETING OF MARCH 5,
2019 (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s)
on first reading, such abstention will also be reflected in the minutes for second reading.
11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA.
ANA AMENDING CITY MANAGER'S CONTRACTING AUTHORITY FOR.
NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS (STRATEGIC',
PLAN NO. 5,1) - Clerk of the Council Office
Placed on first reading at the March 5, 2019 City Council meeting and approved
by a vote of 5-1 (Iglesias dissented).
CITY COUNCIL MINUTES 4 MARCH 19, 2019
Published in the Orange County Reporter on March 8, 2019,
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2963 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND
SECTION 33-201 OF THE SANTA ANA MUNICIPAL CODE RELATING TO
THE CITY MANAGER'S AUTHORITY TO BIND THE CITY TO NON-PUBLIC
WORKS AND PUBLIC WORKS CONTRACTS, INCREASING THE CITY
MANAGER'S CONTRACT AUTHORITY FOR NON-PUBLIC WORKS
CONTRACTS TO $50,000 AND PUBLIC WORKS CONTRACTS TO $250,000,
AND REORGANIZING THE CITY MANAGER'S CONTRACT AUTHORITY
UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
* Ward 4 representative vacant.
NOTICE OF PUBLIC HEARINGS
SECOND: Penaloza
Penaloza, Pulido, Solorio, Villegas (4)
Iglesias (1)
None (0)
Sarmiento (1)
12A. ADOPT A RESOLUTION OF INTENT TO VACATE A PORTION OF FIFTH
STREET BETWEEN SUNSET STREET AND HAWLEY STREET,
ABANDONMENT NO. 19-01 (STRATEGIC PLAN NOS. 3, 2; 5, 3) - Public
Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2019-018 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A
PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY
STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING
NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT
NO. 19-01)
2. Set a public hearing for April 16, 2019.
CITY COUNCIL MINUTES 5 MARCH 19, 2019
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
a) City of Santa Ana v. Robert Marlin, Trustee, et al., Orange County Superior
Court, Case No. 30-2017-00938943
MOTION: City Council approved a settlement for the purchase of
property in relation to the Bristol Street widening by a vote of 5-0
(Sarmiento absent, and Ward 4 Vacant).
b) Norma Dominguez v. City of Santa Ana; Orange County superior Case
No. 30-2017-00935598-C U -P O -CJ C
MOTION: City Council agreed to a settlement in the amount $250,000
by a vote of 5-0 vote (Pulido and Sarmiento absent; and Ward 4 Vacant).
19B. EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Sarmiento from the
December 4, 2018 City Council meeting.
19C. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO.
5, 1) — Finance and Management Services; and Parks, Recreation and
Community Services Agency
MOTION: Approve the requests for the destruction of obsolete records
from Finance and Management Services; and Parks, Recreation and
Community Services Agency in accordance with the retention schedule
outlined in City Council Resolution 2013-014. The Citywide Records
Retention Schedule has specific retention periods for many City
documents. The Schedule is modeled after the California Secretary of
State's sample for local government and incorporates other statutory
periods applicable to Santa Ana. These are minimum retention periods.
Each department makes discretionary decisions on whether to retain
records past the minimum requirements.
CITY COUNCIL MINUTES 6 MARCH 19, 2019
MOTION: Villegas SECOND: Penaloza
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
19D. RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORT FOR JANUARY
AND FEBRUARY 2019 {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.
19E. RECEIVE AND FILE HOMELESS SERVICES QUARTERLY REPORT FOR
OCTOBER 2018 THROUGH DECEMBER 2018 {STRATEGIC PLAN NOS. 1,
6; 5, 4; 5, 6} — Community Development Agency
Councilmember Solorio, directed staff to provide City Council with update on
Yale Street facility, to communicate to County city's opposition to opening of
Armory shelter, and expansion quality of life team.
MOTION: Receive and file.
MOTION: Iglesias SECOND: Solorio
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
19F. AUTHORIZE SUBMISSION OF CITY OF SANTA ANA GENERAL PLAN
HOUSING ELEMENT ANNUAL PROGRESS REPORT {STRATEGIC PLAN
NO. 5, 3B} — Planning and Building Agency
CITY COUNCIL MINUTES 7 MARCH 19, 2019
The following spoke on the matter:
Dale Helvig, in support of item and of affordable housing.
Council discussion ensued.
Councilmember Iglesias, requested staff to research if affordable housing in
excess of the minimum requirement can be carried over to the next reportable
period.
MOTION: It is recommended that the City Council authorize submittal of
the General Plan Housing Element Annual Progress Report to the State of
California Housing and Community Development (HCD).
MOTION: Solorio SECOND: Iglesias
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE REIMBURSEMENT AGREEMENT WITH THE CITY OF GARDEN
GROVE AND APPROVE RELATED APPROPRIATION ADJUSTMENT AND
FUND REALLOCATION TO AWARD A $985,301 CONSTRUCTION
CONTRACT TO R.J. NOBLE COMPANY FOR THE EUCLID STREET
REHABILITATION PROJECT (PROJECT NO. 18-6915) {STRATEGIC PLAN
NO. 6, 1 B; 1 C; 1 G} — Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
Cooperative Cost Reimbursement Agreement with the City of Garden
Grove for improvements within the Garden Grove jurisdiction from
Hazard Avenue to Westminster Avenue, subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2019-046).
CITY COUNCIL MINUTES 8 MARCH 19, 2019
2. Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019-103 - Recognizing $315,148 in
cost reimbursement from the City of Garden Grove into the Select Street
Construction revenue account, and appropriating the same amount to the
Select Street Construction expenditure account for the Euclid Street
Rehabilitation Project.
3. Award a contract to R.J. Noble, the lowest responsible bidder, in
accordance with the base bid in the amount of $985,301, for
construction of the Euclid Street Rehabilitation Project from Hazard
Avenue to Westminster Avenue, 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.
4. Authorize the reallocation of $239,319 in unspent Fiscal Year 2017-18
Select Street Construction Road Maintenance and Rehabilitation
Account fund from projects 18-6916 and 18-6917 to the Euclid Street
Rehabilitation Project.
5. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $1,208,892, which includes the contract bid amount,
administration, inspection and testing, and an authorized contingency
of $98,530.
20B. APPROVE APPROPRIATION ADJUSTMENT IN THE AMOUNT OF
$1,224,850 RECOGNIZING EQUITABLE SHARING FUNDS FROM THE
FEDERAL DEPARTMENT OF JUSTICE {STRATEGIC PLAN NO.1.3) — Santa
Ana Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2019-102 - Recognizing $1,224,850 in
Equitable Sharing revenue accounts and appropriate same to Equitable Sharing
expenditure accounts.
GRANTS/APPLICATIONS
21A. REQUEST FOR TIME EXTENSION OF MEASURE M2 COMPREHENSIVE
TRANSPORTATION FUNDING PROGRAM FOR WARNER AVENUE
IMPROVEMENTS PHASE 1 (PROJECT NO. 146802) (NON -GENERAL FUND)
{STRATEGIC PLAN NO 6, 1 G} — Public Works Agency
CITY COUNCIL MINUTES 9 MARCH 19, 2019
MOTION: Authorize the Public Works Agency to request a one-time, two-
year time extension of Measure M2 Comprehensive Transportation
Funding Program construction funds for the Warner Avenue
Improvements from Main Street to Oak Street project.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. APPROVE CONTRACTAMENDMENT WITH ORANGE COUNTY STRIPING'
SERVICE, INC.; FOR TRAFFIC LINE PAINTING AND TRAFFIC SIGN'
MAINTENANCE' BY $460,000; AND, AMEND THE TWO REMAINING
RENEWALS BY $250,000 (SPECIFICATION NO. 16-075) {STRATEGIC PLAN.
NO. 6, 1C} - finance and Management Services Agency; and Public Works'
Agency
MOTION: Amend the amount of the existing contract with Orange County
Striping Services, Inc., for traffic line painting and sign maintenance by
$460,000, for a new total annual not -to -exceed amount of $983,000 for the
term expiring July 30, 2019, and amend the amount for the two remaining
years by $250,000, for a new total annual amount not to exceed $773,000,
subject to non -substantive changes approved by the City Manager and
the City Attorney.
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Penaloza, Pulido, Solorio, Villegas (4)
NOES:
ABSTAIN:
ABSENT:
* Ward 4 representative vacant.
Iglesias (1)
None (0)
Sarmiento (1)
22B. AWARD CONTRACT TO C3 TECHNOLOGY SERVICES FOR SHARP
COPIERS ($900,000) (SPECIFICATION NO. 19-013) {STRATEGIC PLAN NO.
6, 1) - Finance and Management Services Agency; and Information Technology
Department
MOTION: Award a contract to C3 Technology Services for sharp copiers
for a four-year period expiring February 28, 2023, in the amount of
$700,000, plus a contingency of $200,000, for a total amount not exceed
$900,000, subject to non -substantive changes approved by the City
Manager and City Attorney.
CITY COUNCIL MINUTES 10 MARCH 19, 2019
AGREEMENTS
25A. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION
AGREEMENTS {STRATEGIC PLAN NOS. 5, 2; 5, 31 — Planning and Building
Agency
RECOMMENDED ACTION: Authorize the City Manager and Clerk of the
Council to execute the attached Mills Act agreements with the below -
referenced property owners for the identified structures, subject to non -
substantive changes approved by the City Manager and City Attorney.
25B. APPROVE AN AGREEMENT WITH GREENPLAY, LLC FOR AN AMOUNT
NOT TO EXCEED $76,998 TO EVALUATE AND REPORT ON THE
CONDITION OF THE PARKS, RECREATION AND COMMUNITY SERVICES
AGENCY {STRATEGIC PLAN NO. 4, 1 D} — Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Greenplay, LLC to conduct a comprehensive
evaluation and report on the condition of the Parks, Recreation and
Community Services Agency for an amount not -to -exceed $76,998, which
includes a 10% contingency, for a term of one year to expire on March 18,
2020, subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2019-050).
25C. APPROVE AN AGREEMENT WITH A&H REFRIGERATION, INC. IN THE
AMOUNT OF $153,750 FOR REPLACEMENT OF THE POLICE
DEPARTMENT EVIDENCE SECTION REFRIGERATOR/FREEZER UNIT
{STRATEGIC PLAN NO. 1, 3A} — Police Department
CITY COUNCIL MINUTES 11 MARCH 19, 2019
Property
Historic Property
Address/House
Vote by HRC
Agmt. No.
Owner(s)
Preservation
Agmt. No.
1.
Chad De
2018-02
1721 North Bush
7:0 (Rush &
2019-047
Costa and
Street
Contreras-
Elisabetta
Leo absent)
Siccardi
2.
Victoria A.
2018-03
810 North French
7:0 (Rush &
2019-048
Betancourt
Street
Contreras -
Leo absent
3.
Spurgeon
2018-04
202-208 West
7:0 (Rush &
2019-049
DTOC, LLC
Fourth Street and
Contreras -Leo
and KOA
318-320 North
absent)
Investments,
Sycamore Street
LLC
25B. APPROVE AN AGREEMENT WITH GREENPLAY, LLC FOR AN AMOUNT
NOT TO EXCEED $76,998 TO EVALUATE AND REPORT ON THE
CONDITION OF THE PARKS, RECREATION AND COMMUNITY SERVICES
AGENCY {STRATEGIC PLAN NO. 4, 1 D} — Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Greenplay, LLC to conduct a comprehensive
evaluation and report on the condition of the Parks, Recreation and
Community Services Agency for an amount not -to -exceed $76,998, which
includes a 10% contingency, for a term of one year to expire on March 18,
2020, subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2019-050).
25C. APPROVE AN AGREEMENT WITH A&H REFRIGERATION, INC. IN THE
AMOUNT OF $153,750 FOR REPLACEMENT OF THE POLICE
DEPARTMENT EVIDENCE SECTION REFRIGERATOR/FREEZER UNIT
{STRATEGIC PLAN NO. 1, 3A} — Police Department
CITY COUNCIL MINUTES 11 MARCH 19, 2019
MOTION: Authorize the City Manager and Clerk of the Council to execute
a one-year agreement, with A&H Refrigeration, Inc. for the replacement of
the Police Department Evidence Section refrigerator/freezer unit, for the
period of March 19, 2019 through March 18, 2020, in the amount of
$153,750 (including a $25,000 contingency), subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2019-051).
25D. APPROVE AGREEMENT TO APPOINT KRISTINE RIDGE AS CITY
MANAGER EFFECTIVE MAY 1, 2019 - Human ResourcesDepartment
MOTION: Continue consideration of matter to an Adjourned Regular
Meeting on Friday, March 22, 2019 at 5:00 p.m.
MOTION: Villegas SECOND: Pulido
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
LAND USE MATTERS
TENTATIVE PARCEL/TRACT MAPS
32A. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP
NO. 2018-01 TO SUBDIVIDE TWO LOTS INTO SIX LOTS TO FACILITATE
THE CONSTRUCTION OF SIX SINGLE-FAMILY RESIDENTIAL UNITS
LOCATED AT 1514 AND 1516 NORTH ENGLISH STREET - MARWAN
ALRIFAI APPLICANT {STRATEGIC PLAN NOS. 3,2) - Planning and Building
Agency
Planning Commission approved recommended action on February 25, 2019
by a vote of 7-0.
Mayor Pro Tem Villegas, requested reconsideration of vote after the Consent
Calendar vote occurred. Mayor Pulido called for item to be reconsidered.
CITY COUNCIL MINUTES 12 MARCH 19, 2019
MOTION TO RECONSIDER:
MOTION: Villegas SECOND: Pulido
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
Ward 4 representative vacant.
Mayor Pro Tem Villegas, unsupportive of item as presented. Supportive of
continuing item.
Councilmember Iglesias, supportive of continuing item.
AMENDED MOTION: Consideration of matter continued 30 days.
MOTION: Villegas
VOTE: AYES
NOES:
ABSTAIN:
ABSENT:
* Ward 4 representative vacant.
Motion failed.
SECOND: Iglesias
Iglesias, Pulido, Villegas (3)
Penaloza, Solorio (2)
None (0)
Sarmiento (1)
Acting City Manager Mendoza, requested item to be pulled and allow staff to
review legal issues with City Attorney's Office and bring back consideration of
matter to a future City Council meeting.
32B. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE PARCEL
MAP NO. 2017-02 (COUNTY MAP NO. 2017-157) TO SUBDIVIDE A PARCEL
INTO TWO LOTS AT 200 EAST FIRST AMERICAN WAY — KI RYU,
APPLICANT (STRATEGIC PLAN NOS. 3, 2) — Planning and Building Agency
Zoning Administrator approved recommended action on January 16, 2019.
The following spoke on the matter:
CITY COUNCIL MINUTES 13 MARCH 19, 2019
Dale Helvig, unsupportive of item.
MOTION: It is recommended that the City Council receive and file the
staff report approving Tentative Parcel Map No. 2017-02 (County Map No.
2017-157) as conditioned.
32C. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE PARCEL
MAP NO. 2017-03 TO COMBINE FIVE LOTS AND CREATE TWO PARCELS
AT 521-645 NORTH ROSS STREET, 620 NORTH BROADWAY AND 333
WEST SANTA ANA BOULEVARD — COUNTY OF ORANGE, APPLICANT
{STRATEGIC PLAN NOS. 3,2) — Planning and Building Agency
Zoning Administrator approved recommended action on January 16, 2019.
MOTION: It is recommended that the City Council receive and file the
staff report approving Tentative Parcel Map No. 2017-03 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
ORDINANCES/FIRST READING
50A. ORDINANCE FIRST READING: AMENDING SANTA ANA MUNICIPAL CODE
SECTION 10-153 RELATED TO LOUD AND RAUCOUS NOISE (STRATEGIC
PLAN GOAL 1, 5)— Police Department
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2964 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA
ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO
CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH
PROCEDURES FOR ISSUANCE OF FINES
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 14 MARCH 19, 2019
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
RESOLUTIONS
55A. REAFFIRM ADOPTION OF A RESOLUTION TO DESIGNATE SANTA ANA AS
A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) {STRATEGIC PLAN
NO. 3, 3, C) - Community Development Agency and Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2019-019 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REAFFIRMING THE DESIGNATION OF
THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT
ZONE
2. Authorize the City Manager to forward the Resolution to the City of
Huntington Beach for inclusion in the regional Recycling Market
Development Zone application to CalRecycle.
MOTION: Solorio
VOTE: AYES:
NOES
ABSTAIN
ABSENT:
* Ward 4 representative vacant.
REPORTS
SECOND: Penaloza
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
None (0)
None (0)
Sarmiento (1)
65A. APPROVE THE COUNCIL COMMITTEES, APPOINTEES, AND AMENDED
PROPOSED SCHEDULE {STRATEGIC PLAN NO. 5, 1) — City Manager's
Office
AMENDED MOTION:
1. Consider appointment of members to the Legislative Affairs, Ethics,
Transparency and Communications Council Committee at a future City
Council Meeting along with:
CITY COUNCIL MINUTES 15 MARCH 19, 2019
a. Review of Resolution No. 2017-076 to consider removing
restrictions on the number of committees a councilmember wishes
to serve during their two-year term.
2. Approved the list of members for the established Council Committees
2019-2020.
3. Approved the amended proposed schedule instead of the current
schedule for the Council Committees 2019-2020.
CITY COUNCIL MINUTES 16 MARCH 19, 2019
PROPOSED
COMMITTEE
MEMBERS
MEETING
LEAD AGENCY
SCHEDULE
QUARTERLY
Community
1. Iglesias
Feb., May, Aug., Nov.
Development
2. Penaloza
Economic
3. Solorio
Advisory:
Development,
2nd Monday, 5:00 pm.
• Planning & Building
Infrastructure, Budget
• Public Works
and Technology
•Finance
• Information
Technology
QUARTERLY
Public Safety, Code
1. Penaloza
Mar., June, Sept., Dec.
Police Department
Enforcement and
2. Villegas
Neighborhood
2"d Tuesday, 5:30 pm.
Advisory:
Empowerment
• Planning & Building
Biannually
Feb. & Aug.
City Manager's
Legislative Affairs,
Office
Ethics, Transparency
4th Wednesday, 12 noon
and Communications
Advisory:
• City Attorney
• Clerk of the Council
QUARTERLY
Youth, Education and
1. Iglesias
Jan., April, July & Oct.
Parks, Recreation
Community Services
2. Solorio
and Community
Committee
3. Villegas
3rd Monday, 5:30 p.m.
Services Agency
AND
QUARTERLY
Joint Santa Ana Unified
Jan., April, July & Oct.
School District and City
4th Monday, 5:30 p.m.
Council Committee
CITY COUNCIL MINUTES 16 MARCH 19, 2019
MOTION: Solorio SECOND: Iglesias
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
65B. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
REGIONAL CONFERENCE AND GENERAL ASSEMBLY MEETING
{STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Designate Councilmember Iglesias as the voting delegate and
Councilmember Solorio as the alternate for the 54th SCAG's Regional
Conference and General Assembly scheduled for May 2-3, 2019.
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
" Ward 4 representative vacant.
65C. REVIEW APPLICATIONS SUBMITTED FOR WARD 4 CITY COUNCIL
OFFICE VACANCY; CONDUCT INTERVIEWS OF CANDIDATES TO FILL
WARD 4 CITY COUNCIL OFFICE VACANCY; AND CONSIDER MAKING AN
APPOINTMENT TO FILL VACANCY IN CITY COUNCIL OFFICE, WARD 4
(STRATEGIC PLAN NOS. 7, 1) — Clerk of the Council Office
Mayor Pulido, advised to allow applicants to introduce themselves to council. In
addition, since Councilember Sarmiento is absent, advised that consideration
of Item 65C to be continued to the Adjourned Regulart meeting on Friday, March
22, 2019 at 5:00 P.M.
CITY COUNCIL MINUTES 17 MARCH 19, 2019
The following applicants were present and addressed council to request
consideration to be appointed to Ward 4 office:
• Marcela Vallejo
• Kenneth Ngyuen
• Jennifer Oliva
• Gale Lee Oliver, Jr
• Phil Bacerra
The following spoke on the matter:
• Dale Helvig, supportive of appointing Phil Bacerra to Ward 4 seat.
• Connie Hamilton, supportive of appointing Phil Bacerra to Ward 4 seat.
• Dr. Kimberly Ho, Vice Mayor of City of Westminster, on behalf of Mayor Tri Ta
expressed support of appointing Kenneth Nguyen to Ward 4 seat.
• Maricela Valejo, addressed City Council to request consideration to be appointed
to Ward 4 office.
• Kenneth Nguyen, addressed City Council to request consideration to be appointed
to Ward 4 office.
• Jennifer Oliva, addressed City Council to request consideration to be appointed to
Ward 4 office.
• Gale Lee Oliver, Jr., addressed City Council to request consideration to be
appointed to Ward 4 office.
• Phillip Perez Ortiz, Jr., addressed City Council to request consideration to be
appointed to Ward 4 office.
• Phil Bacerra, addressed City Council to request consideration to be appointed to
Ward 4 office.
Council discussion ensued.
Councilmember Iglesias, requested City Attorney to develop list of candidate
questions and to provide list to candidates and City Council 30 minutes prior to
Adjourned Regular City Council meeting scheduled for March 22, 2019.
Councilmember Penaloza, supportive of City Attorney to develop list of
candidate questions and to provide list to candidates and City Council 30
minutes prior to Adjourned Regular City Council meeting scheduled for March
22, 2019.
AMENDED MOTION:
1. Continue consideration of matter to an Adjourned Regular Meeting on
Friday, March 22, 2019 at 5:00 p.m.
CITY COUNCIL MINUTES 18 MARCH 19, 2019
2. Direct staff to develop list of candidate questions and make list
available 30 minutes prior to the Adjourned Regular City Council
meeting.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
* Ward 4 representative vacant.
PUBLIC HEARINGS
SECOND: Solorio
Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
None (0)
None (0)
Sarmiento (1)
75A. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-01 TO
AMEND CHAPTER 41 (ZONING) TO ADD A DEFINITION FOR "SCHOOLS"
AND TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC
DEVELOPMENT NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH
STREET {STRATEGIC PLAN NOS. 3,2) — Planning and Building Agency
Planning Commission recommended City Council approve Zoning Ordinance
Amendment No. 2019-01 on February 11, 2019 by a vote of 5-0 (Alderete and
Verino absent).
Legal Notice published in the Orange County Reporter on March 8, 2019 and
notices mailed on March 7, 2019.
MOTION: Continue consideration of matter to a future Council Meeting
and re -notice public hearing, at the request of staff.
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Penaloza, Pulido, Solorio, Villegas (4)
NOES: Iglesias (1)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
75B. PUBLIC HEARING - TO APPROVE AGREEMENT WITH 10 FRANCHISED
VEHICLE DEALERS IN SANTA ANA FOR ESTABLISHMENT OF THE
CITY COUNCIL MINUTES 19 MARCH 19, 2019
RESIDENT VEHICLE INCENTIVE PROGRAM (VIP) IN THE ANNUAL
AMOUNT OF $1,700,000, NOT TO EXCEED $8,500,000 OVER 5 YEARS AND
APPROVE RELATED APPROPRIATION ADJUSTMENT {STRATEGIC PLAN
NO. 3, 3C} - Community Development Agency
Legal Notice published in the Orange County Register on March 9, 2019.
Mayor Pulido opened the Hearing. The following spoke on the matter:
Peter, addressed City Council and opined program will be a benefit to the
community.
There were no other speakers and the Hearing closed.
Councilmember Penaloza, supportive of item.
Councilmember Solorio, directed staff to ensure verification of residency by
requiring supportive documents and to present guidelines component to City
Council.
Councilmember Penaloza, supportive of comments made by Councilmember
Solorio. Supportive of requiring utility bill and driver's license to verify residency.
Mayor, supportive of encouraging residents to purchase locally.
MOTION:
Conduct a Public Hearing required pursuant to California Government
Code 53083.
2. Authorize the City Manager and Clerk of the Council to execute an
agreement with Orange County Auto Dealers Association (OCADA)
comprised of: Audi South Coast, Crevier BMW, Crevier Mini, Freeway
Honda, Guaranty Chevrolet, Lincoln South Coast, Subaru Orange
Coast, Tom's Truck Center, Volkswagen South Coast, Volvo of Orange
County to establish the Resident Vehicle Incentive Program (VIP) for
the period of April 1, 2019 to March 31, 2021, with one 2 -year extension
option and one additional year option, for a total of $1,700,000 per year
of the agreement, for an amount not to exceed $8,500,000 over a five
year period, subject to non -substantive changes approved by the City
Manager and City Attorney.
3. Authorize $25,000 annually for the administration of the Resident VIP
program to be budgeted in the Sales Rebate account.
4. Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019-105 - Allocating funds in the
amount of $440,000 from the General Non -Departmental Reserve for
CITY COUNCIL MINUTES 20 MARCH 19, 2019
Appropriation account and appropriate the same amount to the Community
Development Agency, Sales Tax Rebate account for the Resident Vehicle
Incentive Program for expenditure in Fiscal Year 2018-19.
MOTION: Iglesias SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Villegas (4)
NOES: Solorio (1)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
" Ward 4 representative vacant.
Motion failed. Appropriation Adjustment requires five affirmative votes.
Council discussion continued:
Councilmember Solorio, requested additional clause that indicates not valid until
verifiable residency documents and comparable documentation forthe business
license fees are identified are brought back to council for approval.
City Attorney Carvalho, advised whoever made motion to make a friendly
amendment to make motion conditioned upon those standards coming back to
council.
It was noted that program is effective April 1, 2019.
Acting City Manager, advised to approve agreements tonight; and staff will bring
back the guidelines to Council for consideration after April 2, 2019.
Mayor Pulido advised that discussion between staff and auto dealers take place
to determine type of documents for residency verification while council
considers additional business items.
DELIBERATION OF ITEM 75B CONTINUED AFTER THE RECESS TAKEN AFTER
DISCUSSION OF ITEM 85B.
AMENDED MOTION:
1. Conducted a Public Hearing required pursuant to California
Government Code 53083.
CITY COUNCIL MINUTES 21 MARCH 19, 2019
2. Approve program as presented this evening with a 90 -day test
program, after which staff would return to council with a report. In
addition to registering the car in the City of Santa Ana, this program
would require one of the following:
a. Driver's License
b. Property Tax Bill
c. Utility Bill
d. Proof of insurance
e. Santa Ana Business License or
f. Bank statement.
3. Authorize the City Manager and Clerk of the Council to execute an
agreement with Orange County Auto Dealers Association (OCADA)
comprised of: Audi South Coast, Crevier BMW, Crevier Mini, Freeway
Honda, Guaranty Chevrolet, Lincoln South Coast, Subaru Orange
Coast, Tom's Truck Center, Volkswagen South Coast, Volvo of Orange
County to establish the Resident Vehicle Incentive Program (VIP) for
the period of April 1, 2019 to March 31, 2021, with one 2 -year extension
option and one additional year option, for a total of $1,700,000 per year
of the agreement, for an amount not to exceed $8,500,000 over a five
year period, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2019-052).
4. Authorize $25,000 annually for the administration of the Resident VIP
program to be budgeted in the Sales Rebate account.
5. Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019-105 - Allocating funds in the
amount of $440,000 from the General Non -Departmental Reserve for
Appropriation account and appropriate the same amount to the Community
Development Agency, Sales Tax Rebate account for the Resident Vehicle
Incentive Program for expenditure in Fiscal Year 2018-19.
MOTION: Iglesias SECOND: Villegas
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
Ward 4 representative vacant.
CITY COUNCIL MINUTES 22 MARCH 19, 2019
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place
items on the City Council Agenda to be considered by the City Council.
85A. DISCUSS AND CONSIDER DIRECTING STAFF TO DRAFT A RESOLUTION
SUPPORTING CALIFORNIA SENATE BILL 689 WHICH WILL RESTRICT THE
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH) FROM
AUTHORIZING OR RE -AUTHORIZING NEEDLE AND SYRINGE EXCHANGE
PROGRAMS UNLESS A CITY OR COUNTY HAS APPROVED THE
REQUEST — Councilmember Penaloza
Councilmember Penaloza, supportive of needle exchange program but noted
manner in which program has been carried out in the City of Santa Ana has
been detrimental to the community.
Mayor Pro Tem Villegas, supportive of item.
Councilmember Iglesias, echoed comments made by Councilmember
Penaloza.
MOTION: Direct staff to send letter of support.
MOTION: Penaloza SECOND: Pulido
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
Ward 4 representative vacant.
85B. DISCUSS AND CONSIDER DIRECTING STAFF TO PURSUE THE
PURCHASE OF THE STATE BUILDING LOCATED WITHIN THE SANTA ANA
CIVIC CENTER AT 605 W. SANTA ANA BLVD FOR VARIOUS PURPOSES
SUCH AS FUTURE DEVELOPMENTS OF THE CIVIC CENTER — Mayor Pro
Tem Villegas
Council discussion ensued:
Mayor Pro Tem in favor of purchasing land and building for a future permanent
or temporary Council Chamber and City Hall site. Advised the importance of
taking advantage of this designated Opportunity Zone, which is a census tract
CITY COUNCIL MINUTES 23 MARCH 19, 2019
designated by state and federal governments targeted for economic
development.
Executive Director Fuad Sweiss, provided an overview of steps to be taken
before purchasing building.
MOTION: Direction given to staff regarding the purchase of the State
Building to take advantage of an opportunity zone.
MOTION: Villegas SECOND: Penaloza
VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
* Ward 4 representative vacant.
COUNCIL RECESSED AT 8:53 P.M. and RECONVENED AT 9:11 P.M. with same members
present.
CONSIDERATION OF ITEM 75B CONTINUED AFTER THE RECESS
85C. DISCUSS AND GIVE DIRECTION TO STAFF TO SCHEDULE A MARCH 2019
SPECIAL BUDGET WORKSHOP FOR THE CITY COUNCIL —
Councilmembers Iglesias, Penaloza and Solorio
Councilmember Iglesias, supportive of item. Directed staff to schedule
workshop no later than March 30, 2019.
Councilmember Solorio, supportive of item. Directed staff to schedule
workshop no later than mid-April 2019, staff to draft budget, and to work with
Councilmembers to calendar.
Councilmember Penaloza, supportive of item.
Direction given to staff to check council's schedule for a special meeting.
CITY COUNCIL MEETING RECESSED AT 8:59 P.M. AND CONVENED THE HOUSING
AUTHORITY MEETING. CITY COUNCIL MEETING RECONVENED TO THE CITY
COUNCIL MEETING AT 9:01 P.M
CITY COUNCIL MINUTES 24 MARCH 19, 2019
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items)
• Rose Finnegan, expressed concern over food vending trucks and negative impact to the
community.
• Romel Diaz, expressed concern over food vending trucks and negative impact to the
community.
• Silvia Almanza, expressed concern over food vending trucks and negative impact to the
community.
• Irma Macias, expressed concern over food vending trucks and requested City Council to
address concerns.
• Alonzo Lugo, expressed interest in serving on the Measure X Committee.
90A. CITY MANAGER'S COMMENTS
City Manager Mendoza, informed City Council of anticipated attendance by
Supervisor Do at next City Council meeting.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Solorio, expressed concern over insufficient code enforcement
staff. Directed staff to provide City Council with status of ongoing parking study,
of scooter program, and recommendation from staff as to what reports should
be provided to City Council for review.
Councilmember Penaloza, directed staff to provide food vending truck policy.
Provided report on attendance report at Santa Ana Police Department award
ceremony.
Councilmember Iglesias, provided report on attendance at Southern California
Association of Governments meeting on March 7, 2019, Economic
Development, Infrastructure, Budget and Technology Committee meeting on
March 11, 2019, Orange County Sanitation District Administration meeting on
March 13, 2019, and Santa Anita Neighborhood Association meeting. Directed
staff to review community center lighting and restroom conditions, and to reach
out to Santa Anita neighborhood residents to address concerns. Supportive of
moving forward with Centennial park ad hoc committee.
Mayor Pro Tem Martinez, noted fire near Willard Elementary and Santa Police
and Orange County Fire Authority actions to address incident.
CITY COUNCIL MINUTES 25 MARCH 19, 2019
ADJOURNMENT - 9:27 P.M. The next meeting of the City Council is scheduled for Tuesday,
April 2, 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.
Norma Mitre
Acting Clerk of the Council
FUTURE AGENDA ITEMS
• CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION
• GENERAL PLAN UPDATE
CITY COUNCIL MINUTES 26 MARCH 19, 2019