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HomeMy WebLinkAbout10A - MINUTES 4-16-19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 16, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO (5:36 P.M.) COUNCILMEMBERS Absent: '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 5:23 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01055281-C U -OE -CJ C CITY COUNCIL MINUTES 1 APRIL 16, 2019 10A-1 B. Laura Franks and John Franks v. City of Santa Ana, Orange County Superior Court. Case No. 30-2019-01051892-CU-OE-CJC 2. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 APRIL 16, 2019 10A-2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:56 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: '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 HEATHER RILEY, POLICE CHAPLAIN SPECIAL PRESENTATION — Update on the transition of the Courtyard Emergency Homeless Shelter to a new location by Chief Officer Frank Kim, County of Orange. Mayor Pro Tem Villegas spoke. City Attorney Sonia Carvalho spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. Councilmember Iglesias spoke. Councilmember Sarmiento spoke. Mayor Pro Tem Villegas spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. Mayor Pulido spoke. Police Captain Kenneth Gominsky spoke. CITY COUNCIL MINUTES 3 APRIL 16, 2019 10A-3 Chief Officer Frank Kim spoke. Councilmember Sarmiento spoke. Councilmember Iglesias, directed City Attorney Carvalho to meet with councilmembers to discuss MOU with County and pending litigation. Directed City Manager to perform outreach to community. PROCLAMATION presented by MAYOR PULIDO naming April as Department of Motor Vehicles (DMV)/Donate Life California Month. PROCLAMATION presented by MAYOR PRO TEM VILLEGAS recognizing April 14th through April 20th as Telecommunications & Dispatcher Appreciation Week. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Alexis Rodriguez Mejia for outstanding educational achievement. PROCLAMATION presented by COUNCILMEMBER PENALOZA naming April 7th through April 13th as National Library Week. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS — None. AGENDA ITEM 85A TAKEN OUT OF ORDER 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 GIVING DIRECTION TO STAFF TO PROVIDE OPTIONS REGARDING THE CITY'S ABILITY TO ADDRESS RENT INCREASES IN MOBILE HOME PARKS WITHIN THE CITY AND / OR OTHER OPTIONS REGARDING PRESERVING AFFORDABLE HOUSING OPTIONS WITHIN MOBILE HOME PARKS — Councilmember Sarmiento The following spoke on the matter: Al• Soper, in support of rent control. • Jarryd Gonzales, on behalf of WMA, unsupportive of rent control. • Mary Jo Baretich, on behalf of GSMOL, in support of rent control. CITY COUNCIL MINUTES 4 APRIL 16, 2019 10A-4 • Rosa Pisano, in support of rent control. • Qui Vuong, in support of rent control. • Son Du, in support of rent control. • Tri Le , in support affordable rent. • Joann Jones, in support affordable rent. • Joseph Newbirk, concerned with increasing rent. • Benita Pimentel, request assistance rental increase. • Tuat Mixl, in support of rent control. • Dao Tran, in support of rent control. • Butch Rogers, request assistance with rental increase. • Bernice Howard, in support of rent control. • Raymond Howard, request assistance with rental increase. • Tammy Dawson, in support of affordable rent. • John Syrek, request assistance with rental increase. • James Marchbank, in support of affordable rent. • Christina Fay, in support of rent control. • Anh Tram, request assistance with rental increase. • Huong Luong, request assistance with rental increase. • Cal Tran, request assistance with rental increase. • Ham Nguyen, in support of rent control. • Hong Le, in support of rent control. • Chien Huynih, stop increasing rent. • Nguyet Bui, in support of rent control. • Anna Dang, request assistance with rental increase. • Lynn Bien, request assistance with rental increase. • Rosanne Clark, request assistance with rental increase.. • Espie Martinez, in support of rent control. • Doris Martinez, in support of rent control. • Viorel Artin, in support of rent control and request protection against unjustified evictions. • Annie Montejano, son Edward Montejano spoke on her behalf, in support comments made by prior speakers. • Nancy Caldwell, request assistance with rental increase. • Manuel Barrera, unable to afford rental increase. • Vickie Talley, addressed City Council to request an opportunity to address concerns Council discussion ensued. Councilmember Sarmiento spoke. Requested and motioned City Attorney Carvalho to provide options in address mobile home park resident concerns and explore possibility to enact a cooling -off period, moratorium. Mayor called for a second, motion died due to a lack of a second.' CITY COUNCIL MINUTES 5 APRIL 16, 2019 10A-5 Councilmember Solorio spoke. In support of rental assistance programs. Directed City Attorney Carvalho to explore enforcement of a moratorium. City Attorney Carvalho spoke, provided City Council with ongoing research and possible enforcement actions options. Councilmember Iglesias spoke. Directed staff to meet with property owners and homeowners to attempt to find a compromise. Mayor Pro Tem Villegas spoke. Requested staff to provide statistical data, potential city resources, and additional details to better understand community concerns. City Attorney Carvalho, request direction via a motion from the majority of the council. Councilmember Iglesias, motioned to direct staff to meet with property owners, gather information, and return to council with an update. Councilmember Penaloza, requested clarification on motion made earlier by Councilmember Sarmiento. " Councilmember Solorio, clarified he had seconded Councilmember Sarmiento's motion earlier with comment. Councilmember Sarmiento spoke. Mayor Pulido, unsupportive of a moratorium until information is gathered. Councilmember Penaloza, concerned with rental increase. Supportive of engaging residents to gather additional data. City Attorney Carvalho, can research, provide options, meet with property owners; and request council to provide specific direction to staff. Councilmember Solorio spoke. Councilmember Penaloza, expressed concern with the language in the Mobile Home Assistance Program. Vickie Tally, addressed council's concern regarding the Mobile Home Assistance Program. City Attorney Carvalho, spoke. CITY COUNCIL MINUTES 6 APRIL 16, 2019 10A-6 AMENDED MOTION: Direct City Manager to request staff to research, obtain facts, reach out to advocacy groups and the two property owners, and provide an update of options by May 7, 2019, to allow council to deliberate at the May 21, 2019, City Council Meeting. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 11A through 198: MOTION: Solorio SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. ADMINISTRATIVE MATTERS MINUTES CITY COUNCIL MINUTES 7 APRIL 16, 2019 10A-7 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 19, 2019 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None. 19B. EXCUSED ABSENCES — Clerk of the Council Office ""END OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION AFFIRMING PROJECTS FOR CALIFORNIA SENATE BILL 1 (SB1) FUNDING IN THE AMOUNT OF $5,598,541 FOR FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM {STRATEGIC PLAN NO. 6, 1G) — Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2019-020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. CITY COUNCIL MINUTES 8 APRIL 16, 2019 10A-8 55B. ADOPT A RESOLUTION AND AUTHORIZE GRANT APPLICATION SUBMISSION IN THE AMOUNT UP TO $1,500,000 FOR THE SMART WATER METER AND ENERGY EFFICIENCY PROGRAM (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency Councilmember Penaloza spoke. Public Works City Engineer William Galvez spoke. Public Works Water Resources Manager Nabil Saba spoke. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-021 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT 2. Authorize the Executive Director of Public Works to submit a grant application for Department of the Interior, Bureau of Reclamation's WaterSMART Water and Energy Efficiency Program, for the Automated Meter Infrastructure Project, in the amount up to $1,500,000. MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. PUBLIC HEARINGS 75A. PUBLIC HEARING: ABANDONMENT NO. 19-01 TO VACATE A PORTION OF FIFTH STREET {STRATEGIC PLAN NOS. 3, 2; 5, 31 — Public Works Agency City Council adopted a resolution of the City's intent to vacate on March 19, 2019 by a vote of 5-0 (Sarmiento absent, Ward 4 vacant). Legal Notice published in the Orange County Reporter on April 5, 2019 and April 12, 2019. CITY COUNCIL MINUTES 9 APRIL 16, 2019 10A-9 Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Councilmember Iglesias spoke. Public Works Agency Principal Civil Engineer Taig Higgins spoke. Mayor Pulido spoke. MOTION: Adopt a resolution. RESOLUTION NO. 2019-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY STREET (ABANDONMENT NO. 19-01) MOTION: Villegas VOTE: AYES: NOES: SECOND: Pulido Penaloza, Pulido, Villegas(5) Iglesias (1) None (0) ABSENT: None (0) Ward 4 representative vacant. Sarmiento, Solorio, JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. JOINT SESSION - APPROVE TWO LOAN AGREEMENTS WITH TINY TIM LP FOR THE TINY TIM PLAZA AFFORDABLE HOUSING PROJECT - GRANT FUNDED {STRATEGIC PLAN NO 5, 31 — Community Development Agency Councilmember Iglesias spoke. Acting City Manager Mendoza spoke. Community Development Housing Division Manager Judson Brown spoke. City Attorney Carvalho spoke. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a Loan Agreement with Tiny Tim LP (c/o Community Development Partners) for $1,300,000 in Inclusionary Housing Funds to create 51 units CITY COUNCIL MINUTES 10 APRIL 16, 2019 10A-10 of affordable housing at 2223 West Fifth Street in Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-058). 2. Authorize the City Manager and Clerk of the Council to execute a Subordination Agreement with Citibank, N.A., for the City's Inclusionary Housing Loan Agreement with Tiny Tim LP, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-059). MOTION: Villegas SECOND: Solorio VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. AGENDA ITEM 85A TAKEN OUT OF ORDER, CONSIDERED EARLIER. 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. 85B. RECEIVE UPDATES FROM SANTA ANA POLICE DEPARTMENT, AND DISCUSS AND PROVIDE DIRECTION TO STAFF AS APPROPRIATE, REGARDING POLICE OFFICER HIRINGS, SEPARATIONS AND VACANCIES FOR FISCAL YEAR 2018/19 — Councilmember Solorio Councilmember Solorio spoke. Police Chief Dave Valentine spoke. Mayor Pro Tem Villegas spoke. Mayor Pulido, requested Police Chief Valentin to project potential efficiency increase, desirable recruitment level to reach full capacity, and estimated milestones. Councilmember Penaloza spoke. Councilmember Iglesias spoke. CITY COUNCIL MINUTES 11 APRIL 16, 2019 10A-11 Councilmember Solorio spoke. Councilmember Iglesias spoke. Mayor Pro Tem Villegas spoke. Councilmember Solorio, supportive of using city employees for park security services. Councilmember Penaloza spoke. Mayor Pulido, requested to take advantage of the Public Safety Committee to take a deeper look and report back to council with memos and budget. RECESSED CITY COUNCIL MEETING AT 9:52 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:53 P.M. COMMENTS 90A. CITY MANAGER'S COMMENTS Over a thousand students will be participating in the 2019 National Forensic Association Championship Tournament, April 18, 2019 at the Santa Ana High Auditorium PUBLIC COMMENTS (Non-Agendized Items). • Dale Helvig, thanked City Council and staff support for Santiago Park cleanup event. • Paul Berry, informed City Council of upcoming Community Choice Aggregation conference. • Terrence Finneran, unsupportive of proposed County homeless shelter. • Sara Sibia, unsupportive of proposed County homeless shelter. • Peter Katz, thanked Mayor Pro Tem Villegas for attending Wall of Heels event. Requested City Council to consider recognizing Santa Ana servicemen and women who lost their lives in Vietnam. • Carlos Bonanni, expressed concern over upcoming tax rate increase and homeless problem along the railroad tracks. • Chris Schimdt, expressed concern over excluding community from homeless shelter decision process. • City Attorney Carvalho spoke. • Gina Casados, expressed concern over the type of homeless that will be housed in the proposed County homeless shelter. CITY COUNCIL MINUTES 12 APRIL 16, 2019 10A-12 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento, noted ongoing improvement project at Centennial Park. Directed staff to improve screening on the pipeline on the bridge overpass. Mayor Pro Tem Villegas, provided report on attendance at Difference Makers event and attendance at Wall of Heels Vietnam Veterans Memorial event. Opined need to hold County responsible in addressing homeless issue. Councilmember Solorio, noted potential state legislation regarding homeless issue. Requested under our policy, sign a letter of support of Assemblywoman Sharon Quirk-Silva's legislation. Councilmember Penaloza, provided report on meeting with Judge Carter, tour at Link Shelter, and attendance at Madison Park Elementary food bank event. Councilmember Iglesias, provided attendance report at Orange County Sanitation District, SOCAG, OCAD, OCAG general assembly, and meeting with Judge Carter. Mayor Pulido, directed staff to provide historical review of homeless issue, litigation, and City response. Requested councilmembers to consider supporting ad hoc committee to address street and sewer maintenance needs ADJOURNED - 10:31 P.M. - The next meeting of the City Council is scheduled for Tuesday, May 7, 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. Adjourn Meeting in Memory of Retired Fire Captain Steve Snyder, Orange County Fire Authority Norma Mitre, Acting Clerk of the Council FUTURE AGENDA ITEMS • CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION • GENERAL PLAN UPDATE • FISCAL YEAR 2019-2020 BUDGET CITY COUNCIL MINUTES 13 APRIL 16, 2019 10A-13 1 OA -14