HomeMy WebLinkAbout10A - MINUTES 6-4-19MINUTES OF THE SPECIAL CLOSED SESSION MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 4, 2019
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
4:43 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tern
CECILIA IGLESIAS (4:47 P.M., Room 147)
DAVID PENALOZA
VICENTE SARMIEN'TO
JOSE SOLORIO (4:49 P.M., Room 147)
COUNCILMEMBERS Absent:
*WARD 4 VACANT
STAFF Present:
KRISTINE RIDGE, 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 4:44 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A) _Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District
Court (Central District of California), Case No, SA CV 18-0155-DOC (KESx)
B) City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District
Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx)
CITY COUNCIL MINUTES 1 JUNE 4, 2019
10A-1
C) City of Santa Ana v. Thanh Ngoc Nguyen et al., Orange County Superior
Court, Case No. 30-2017-00938860
D) City of Santa Ana v. Aida South LLC et al., Orange County Superior Court,
Case No, 30-2017-00938576
E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30-2018-00983807-CU-PA-CJC
2. CONFERENCE WITH LEGAL COUNSEL - THREAT OF LITIGATION Significant
exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9 of the Government Code: ONE
3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the
Government Code: ONE
4. 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
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Steven
Pham
Employee Organizations:
• Santa Ana Police Management Association
(PMA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Confidential Association of Santa Ana (CASA)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE SPECIAL CLOSED SESSION MEETING AT 5:00 P.M. AND CONVENED
TO THE REGULAR CLOSED SESSION MEETING.
CITY COUNCIL MINUTES 2 JUNE 4, 2019
10A-2
MINUTES OF THE REGULAR CLOSED SESSION MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
JUNE 4, 2019
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:01 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tern
CECILIA IGLESIAS
DAVID PENALOZA
VICENTE SARMIENTO
JOSE SOLORIO (5:02 P.M., Room 147)
COUNCILMEMBERS Absent:
*WARD 4 VACANT
STAFF Present:
KRISTINE RIDGE, 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 5:02 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A) Orange County Catholic Worker, et al. v. Orange County, et al.. U.S. District
Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx)
B) City of Santa Ana v. County of Orange, et al., (Cross -Complaint) U.S. District
Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx)
CITY COUNCIL MINUTES 3 JUNE 4, 2019
10A-3
C) City of Santa Ana v Thanh Nqoc Nguyen et al., Orange County Superior
Court, Case No. 30-2017-00938860
D) City of Santa Ana v. Aida South LLC et al. Orange County Superior Court,
Case No. 30-2017-00938576
E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30-2018-00983807-CU-PA-CJC
2. CONFERENCE WITH LEGAL COUNSEL - THREAT OF LITIGATION Significant
exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9 of the Government Code: ONE
COUNCILMEMBER SARMIENTO LEFT THE REGULAR CLOSED SESSION AT 5:21 P.M.
3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government
Code: ONE
COUNCILMEMBER SARMIENTO RETURNED TO THE REGULAR CLOSED SESSION AT
5:32 P.M.
4. 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
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Steven
Pham
Employee Organizations:
• Santa Ana Police Management Association
(PMA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Confidential Association of Santa Ana (CASA)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE REGULAR CLOSED SESSION MEETING AT 6:03 P.M. AND
CONVENED TO THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 4 JUNE 4, 2019
10A-4
REGULAR OPEN MEETING
CALLED TO ORDER
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
6:04 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
JUAN VILLEGAS, Mayor Pro Tern
CECILIA IGLESIAS
DAVID PENALOZA
VICENTE SARMIENTO
JOSE SOLORIO
COUNCILMEMBERS Absent:
*WARD 4 VACANT
STAFF Present:
KRISTINE RIDGE, 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
MAYOR PULIDO
BOB BARNETT, POLICE CHAPLAIN
MAYOR PULIDO ANNOUNCED THAT BUSINESS CALENDAR ITEMS 60B AND 75J LISTED
ON AGENDA WILL NOT BE CONSIDERED AT TONIGHT'S MEETING
CEREMONIAL PRESENTATIONS (TAKEN OUT OF ORDER)
® CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS
recognizing Godinez High School Softball team for their CIF victory.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA
recognizing Celeste Duran and Sophia Chiaramonte for their offers of appointment to a
Military Service.
CITY COUNCIL MINUTES 5 JUNE 4, 2019
1OA-5
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA
recognizing Celeste Duran and Sophia Chiaramonte for their offers of appointment to a
Military Service.
• CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the
winners of the Santa Ana Water Youth Poster Contest:
• Ages 5-8 Finalists: Jacqueline Rico Perez, Anushree Sitaula; Grand Prize Winner;
Alexa Victoria Flores
• Ages 9-12 Finalists: Gianna Garcia, Jannel Bello; Grand Prize Winner: Britney
Echeverria
• Ages 13-14 Finalists: Katie Tran, Gianna Patino; Grand Prize Winner: Laisha
Echeqoyen
• Ages 15-18 Finalists: Jenisis Ramon, Monica Rodriquez; Grand Prize Winner:
Cielo Echeqoyen
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO
recognizing Santa Anita Neighborhood Association for their Neighborhoods USA award and
their contributions to the community.
• PROCLAMATION presented by Mayor Pro Tern Villegas recognizing May as Drowning
Prevention Awareness Month.
CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report.
PUBLIC COMMENTS — None.
CITY COUNCIL MINUTES 6 JUNE 4, 2019
10A-6
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
Items 10A through 30A; 55A; 55B and 60A.
MOTION: Sarmiento SECOND: Solorio
VOTE: AYES: Iglesias, Penaloza, Sarmiento, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
Ward 4 representative vacant.
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF MAY 7, 2019 {STRATEGIC
PLAN NO. 5, 1 } — Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant
to paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
MOTION: Approve settlements as follows:
C) City of Santa Ana v. Thanh Ngoc Nguyen et al., Orange County Superior
Court, Case No. 30-2017-00938860; approve settlement for the purchase of
real property in the amount of $1.7 million AGMT. NO. 2019-079).
D) City of Santa Ana v. Alda South, LLC et al., Orange County Superior Court,
Case No. 30-2017-00938576; approve settlement for the acquisition of
property in the amount of $2,225,000 AGMT. NO. 2019-081).
CITY COUNCIL MINUTES 7 JUNE 4, 2019
10A-7
E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30-2018-00983807-CU-PA-CJC; approve settlement in the amount
of $85,000 (AGMT. NO. 2019-082).
19B. EXCUSED ABSENCES — Clerk of the Council Office
19C. RECEIVE AND FILE: PUBLIC WORKS AGENCY MONTHLY PROJECT
STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR MAY 2019
{STRATEGIC PLAN NO. 5, 11 — Public Works Agency
The CIP Executive Summary Schedule is available on the City's website at
https•//www santa-ana.orq/sites/defauIt/files/pw/documents/Executive-Monthly-
CI P-U pdate-May-2019. pdf
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE AN APPROPRIATION ADJUSTMENT OF $99,901.30 TO
RECOGNIZE CERTIFIED ACCESS SPECIALIST (CASP) REVENUE FUNDS
FOR FISCAL YEAR 2018-19 {STRATEGIC PLAN NO. 4, 2A) — Planning and
Building Agency
MOTION: Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019 — 137 - Recognizing $99,901.30
from the Planning and Building CASp Certification Training Fund account and
appropriating to various CASp Certification and Training Fund accounts.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD PURCHASE ORDER IN THE AMOUNT OF $204,850 TO TRANSWEST
TRUCK CENTER, LLC, FOR TWO STAKE BED DUMP TRUCKS
(SPECIFICATION NO. 19-041) (STRATEGIC PLAN NO. 6, 2) - Finance and
Management Services Agency and Public Works Agency
MOTION: Authorize one-time purchase and payment of purchase order to
Transwest Truck Center, LLC, for the procurement of two stake bed dump
trucks in the amount of $194,850, plus a contingency of $10,000, for a total
amount not to exceed $204,850 from the Sanitation Fund, subject to non -
substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES
JUNE 4, 2019
10A-8
PROJECTSICHANGE ORDERS
23A. AWARD A $1,660,370 CONSTRUCTION CONTRACT TO STEPHEN DORECK
EQUIPMENT RENTALS, INC., FOR THORNTON PARK NEIGHBORHOOD
WATER MAIN IMPROVEMENTS PROJECT (OVERALL PROJECT DELIVERY
COST $2,158,482) (PROJ. NO. 15-6448) (STRATEGIC PLAN NO.6, 1 B; 1 C; 1 G)
— Public Works Agency
MOTION:
1. Award a contract to Stephen Doreck Equipment Rentals, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$1,660,370, for construction of Thornton Park Neighborhood Water Main
Improvements Project, for the term beginning upon execution of the
contract and ending upon project completion, and authorize the City
Manager and the Clerk of the Council to execute the contract subject to
non -substantive changes approved by the City Manager and the City
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $2,158,482, which includes the $1,660,370 contract,
$249,056 as a 11.5% project contingency, $120,000 for Contract
Administration, and $129,056 for Inspection and Testing in the Water
Utility Acquisition and Construction fund.
AGREEMENTS
25A. APPROVE AGREEMENT WITH MK PRINTING FOR OFFSET PRINTING
SERVICES NOT TO EXCEED $400,000 {STRATEGIC PLAN NO. 6, 21 — Finance
and Management Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Mekong Printing, dba MK Printing, to provide offset
printing services for a three-year period expiring May 31, 2022, in an annual
amount of $80,000, with provisions for two one-year renewals exercisable
by the City Manager, for a total amount not to exceed $400,000 subject to
non -substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2019-083).
25B. APPROVE AMENDMENT TO AGREEMENT WITH COMPULINK
MANAGEMENT CENTER, INC. FOR ENTERPRISE CONTENT MANAGEMENT
SYSTEM MAINTENANCE, SERVICES, AND LICENSES UP TO $480,000
{STRATEGIC PLAN NO. 7, 5A) — Information Technology Department
CITY COUNCIL MINUTES 9 JUNE 4, 2019
10A-9
MOTION: Authorize the City Manager and Clerk of the Council to approve
agreement amendment with Compulink Management Center, Inc. DBA
Laserfiche for Laserfiche Enterprise Content Management System
maintenance, services, training, and software licenses in an amount not to
exceed $480,000 over a three-year period from July 1, 2019, through June
30, 2022, subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2019-084).
25C. APPROVE AGREEMENT WITH ELLIOTT AUTO SUPPLY CO., INC, DBA
FACTORY MOTOR PARTS, FOR A VENDOR -OWNED INVENTORY
PROGRAM FOR FLEET VEHICLE PARTS, FOR UP TO FIVE YEARS, IN AN
AMOUNT NOT TO EXCEED $1,700,000 {STRATEGIC PLAN NO.6, 1 Q — Public
Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Elliott Auto Supply Co., Inc., dba Factory Motor Parts, for
a vendor -owned inventory program for fleet vehicle parts, for a three-year
period beginning July 1, 2019, and expiring on June 30, 2022, with a
provision for two one-year renewal options exercisable by the City Manager
and City Attorney, in an amount not to exceed $340,000 annually, for a total
agreement amount not to exceed $1,700,000, including the renewal options,
subject to non -substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2019-085).
MISCELLANEOUS - BUDGET
29A. APPROVE A PAYMENT AUTHORIZATION TO ULTIMATE POOL
REMODELING, INC. FOR SWIMMING POOL RESURFACING AND REPAIRS
AT SALGADO PARK POOL FOR INVOICE #25890 IN THE AMOUNT OF
$28,800 AND INCREASE THE TOTAL PURCHASE ORDER AMOUNT TO
$423,338.24 (STRATEGIC PLAN NO. 5, 41 — Parks, Recreation and Community
Services Agency
MOTION: Authorize a payment to Ultimate Pool Remodeling, Inc. for
swimming pool resurfacing and repairs at Salgado Park pool for invoice
#25890 in the amount of $28,800 and increase the total purchase order
amount to $423,338.24, to be paid with park acquisition and development
funds, subject to non -substantive changes approved by the City Manager
and City Attorney.
CITY COUNCIL MINUTES 10 JUNE 4, 2019
1OA-10
LAND USE MATTERS
DEEDS — TRANSFER OF PROPERTY
30A. QUITCLAIM OF STORM DRAIN EASEMENT AT 317 E. 17TH STREET, APN
003-153-48 {STRATEGIC PLAN NOS. 3, 2; 5, 3) — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute a
quitclaim deed relinquishing the City's interest in a drainage easement at
317 East 17th Street to AQUA HOUSING LP, a California limited partnership,
subject to non -substantive changes by the City Manager and City Attorney.
(AGMT. No. 2019-095).
RESOLUTIONS
55A. ADOPT A RESOLUTION AFFIRMING CIRCULATION ELEMENT
CONSISTENCY WITH THE COUNTY'S MASTER PLAN OF ARTERIAL
HIGHWAYS AND CONCURRENCE WITH MITIGATION FEE PROGRAM TO
MAINTAIN FUTURE MEASURE M2 FUNDING ELIGIBILITY EXCEEDING $5
MILLION IN FISCAL YEAR 2019-20 {STRATEGIC PLAN NO. 6, 1A, B, F, G} —
Public Works Agency
MOTION., Adopt a resolution.
RESOLUTION NO. 2019-033 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF
THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE
MEASURE M (M2) PROGRAM
55B. AFFIRM APPOINTMENTS TO THE SANTA ANA 2018 MEASURE X CITIZEN
OVERSIGHT COMMITTEE AND ADOPT A RESOLUTION AMENDING AND
RESTATING RESOLUTION NO.2019-008 REGARDING MEMBER SELECTION
TO THE MEASURE X CITIZEN OVERSIGHT COMMITTEE {STRATEGIC PLAN
NO. 7, 2} — Clerk of the Council Office
MOTION:
1. Affirm appointments of two Committee Members that were not residents
of the wards which they were appointed to represent; and
2. Adopt a resolution.
RESOLUTION NO. 2019-034 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING AND RESTATING RESOLUTION
NO. 2019-008 REGARDING THE TRANSACTIONS AND USE TAX
MEASURE X CITIZEN OVERSIGHT COMMITTEE
CITY COUNCIL MINUTES 11 JUNE 4, 2019
10A-11
ADMINISTRATIVE MATTERS - BUSINESS
60A. APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $4,000
FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 2501
NORTH FLOWER STREET (APN 002-020-37) {STRATEGIC PLAN NO. 6, 1} —
Public Works Agency
Continued from the May 21, 2019 City Council meeting by a vote 5-0 (Pulido
absent).
MOTION: Authorize the City Manager and Clerk of the Council to execute
a purchase and sale agreement with Eugen Charles Andres III and Ann
Avery Andres, Trustees of the Andres 1986 Living Trust and Successor
Trustees Thereto, for the sale of portions of City -owned property located at
2501 North Flower Street in the amount of $4,000, subject to non -
substantive changes approved by the City Manager and City Attorney
(AGMT. NO. 2019-086)).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55C. ADOPT RESOLUTION TO JOIN THE ORANGE COUNTY HOUSING FINANCE
TRUST AND APPROVE JOINT POWERS AGREEMENT (NOT TO EXCEED
$25,000 ANNUALLY) {STRATEGIC PLAN NO. 5, 3C} — Community Development
Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2019-035 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA RELATING TO THE JOINT EXERCISE OF
POWERS FOR AND MEMBERSHIP IN THE ORANGE COUNTY HOUSING
FINANCE TRUST
2. Authorize the City Manager and the Clerk of the Council to execute the
Joint Powers Agreement which implements the Orange County Housing
Finance Trust, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2019-087).
CITY COUNCIL MINUTES 12 JUNE 4, 2019
1OA-12
MOTION: Solorio SECOND: Sarmiento
VOTE: AYES: Penaloza, Sarmiento, Solorio, Villegas (4)
NOES: Iglesias (1)
ABSTAIN: None (0)
ABSENT: Pulido(1)
* Ward 4 representative vacant.
55D. ADOPT A RESOLUTION ACCEPTING THE 2019 NATIONAL FITNESS
CAMPAIGN GRANT OF $30,000 PER SITE AND AGREEING TO ENDEAVOR
TO PROVIDE $90,000 PER SITE TO FUND THE REMAINING PURCHASE
PRICE OF THE EQUIPMENT PLUS THE COST OF INSTALLATION AT FIVE
CITY SITES (JEROME PARK, EL SALVADOR PARK, DELHI PARK, ROSITA
PARK AND CIVIC CENTER PLAZA OF THE FLAGS) {STRATEGIC PLAN NO.
5, 4) — Parks, Recreation and Community Services Agency
Councilmember Penaloza inquiring about the locations of the fitness equipment
at the Civic Center site.
City Manager Ridge spoke.
Councilmember Iglesias spoke.
Executive Director of Parks and Recreation Services Lisa Rudloff spoke.
MOTION: Adopt an amended resolution substituting a replacement site for
the Civic Center Plaza of the Flags.
RESOLUTION NO. 2019-036 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ACCEPTING THE 2019 NATIONAL FITNESS
CAMPAIGN GRANT OF $30,000 PER SITE, FOR A TOTAL OF FIVE AND
AGREEING TO ENDEAVOR TO PROVIDE AN ESTIMATED $120,000 PER
EACH SITE TO FUND THE REMAINING PURCHASE PRICE OF THE
EQUIPMENT AND INSTALLATION OF THE FITNESS EQUIPMENT AT FIVE
CITY PARKS
MOTION: Villegas SECOND: Sarmiento
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 13 JUNE 4, 2019
10A-13
55E. ADOPT A RESOLUTION AND/OR APPROVE A LETTER IN SUPPORT OF
HOUSE OF REPRESENTATIVES BILL (H.R.) 763, THE ENERGY INNOVATION
AND CARBON DIVIDEND ACT OF 2019 TO AIM TO REDUCE CARBON
POLLUTION AND GREENHOUSE EMISSIONS {STRATEGIC PLAN NO. 5) —
City Manager's Office
The following spoke:
• Larry Hitterdale, in support of item.
• Terri Osborne, in support of item.
• Paul Berry, in support of item.
• Virginia Bernal, in support of item.
• Suman Bhasin, in support of item.
• Murray Zichliusky, in support of item.
Council discussion ensued:
Councilmember Sarmiento, supportive of item.
Councilmember Solorio, supportive of item.
Councilmember Penaloza, supportive of item.
Councilmember Iglesias, supportive of a letter of support only.
Councilmember Sarmiento, motioned for resolution and letter
Councilmember Villegas, supportive of a letter of support only.
Mayor Pulido, supportive of item.
Councilmember Sarmiento spoke.
Councilmember Solorio spoke.
AMENDED MOTION. Adopt a resolution and approve a letter in support of
H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019 to aim to
reduce carbon pollution and greenhouse emissions.
RESOLUTION NO. 2019-037 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA IN SUPPORT OF HR 763 THE ENERGY INNOVATION
AND CARBON DIVIDEND ACT OF 2019
MOTION: Sarmiento
SECOND: Penaloza
VOTE: AYES:
Penaloza, Pulido, Sarmiento, Solorio, (6)
NOES:
Iglesias, Villegas (2)
ABSTAIN:
None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
CITY COUNCIL MINUTES 14 JUNE 4, 2019
1 OA-14
ADMINISTRATIVE MATTERS - BUSINESS
60B. APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT
AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST
STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} — Community Development
Agency; and Planning and Building Agency
Continued from the May 7, 2019 City Council meeting by a vote of 6-0 and May
21, 2019 City Council meeting by a vote 5-0 (Pulido absent).
Planning Commission approved recommended action on June 4, 2018 by a vote
of 4-1 (Bacerra dissented).
Matter continued pending receipt of additional information at the request of
staff.
60C. APPROVE APPROPRIATION ADJUSTMENT TO TRANSFER GENERAL FUND
BUDGET BETWEEN VARIOUS DEPARTMENTS FOR FISCAL YEAR 2018-19
WITH NO NET FISCAL IMPACT {STRATEGIC PLAN NO. 4, 1, 3) — Finance and
Management Services Agency
Councilmember Sarmiento spoke.
City Manager Ridge spoke.
Councilmember Sarmiento spoke. Moved item.
MOT/ON: Approve an appropriation adjustment. (Requires five affirmative
votes).
APPROPRIATION ADJUSTMENT NO. 2019 — 161 - Approve the proposed
maximum General Fund appropriation adjustment as follows. The actual
appropriation adjustment between departments may be less, based upon final
fiscal year-end amounts.
Department
Reason
Amount
City
Former City Manager separation payment,
$450,000
Manager's
and payment of significant accrued leave for
Office (CMO)
two other CMO employees who separated
from the City
Non-
Updated Information Technology Internal
$300,000
Departmental
Service Allocations
Clerk of the
Election Savings
$(250,000)
Council
Public Works
Staff Vacancy Savings
$(500,000)
Agency
General Fund
$0
Net Impact
CITY COUNCIL MINUTES 15 JUNE 4, 2019
10A-15
MOTION: Sarmiento
SECOND: Penaloza
VOTE: AYES:
Penaloza, Pulido, Sarmiento, Solorio, (4)
NOES:
Iglesias, Villegas (2)
ABSTAIN:
None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
* Motion failed.
Councilmember Solorio motioned for two -week continuance
Councilmember Penaloza spoke.
City Manager Ridge spoke.
AMENDED MOTION: Continue consideration of matter for two weeks.
MOTION: Solorio SECOND: Pulido
VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (4)
NOES: Iglesias, Villegas (2)
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
60D. APPROVE THE FISCAL YEAR 2019 — 2020 EMERGENCY SOLUTIONS
GRANTS PROGRAM FOR A TOTAL AMOUNT OF $493,582 (STRATEGIC
PLAN NO. 5, 6) — Community Development Agency
Community Redevelopment and Housing Commission approved recommended
action on March 27, 2019 by a vote of 9-0.
Councilmember Iglesias spoke.
Executive Director of Community Development Agency Steven Mendoza spoke.
Community Redevelopment and Housing Commission approved recommended
action on March 27, 2019 by a vote of 9-0.
MOTION:
CITY COUNCIL MINUTES 16 JUNE 4, 2019
10A-16
1. Approve a renewal of the Fiscal Year 2019 - 2020 Emergency Solutions
Grants Program in the amount of $493,582 from the United States
Department of Housing and Urban Development.
2. Direct the City Attorney to finalize and authorize the City Manager and
the Clerk of the Council to execute a memorandum of understanding
with the Santa Ana Police Department and agreements with nonprofit
homeless service providers awarded funds as part of the approved
program for a term beginning July 1, 2019 through June 30, 2020 from
the United States Department of Housing and Urban Development,
subject to non -substantive changes approved by the City Manager and
City Attorney (AGMT. No. 2019-088).
1. Interval House — Emergency shelter as a result of domestic 1 $ 36,315
2. Mercy House - Financial assistance for those at -risk of $
homelessness, rental assistance, case management and 316,491
housing search placement.
• $200,000 for the Link Emergency Shelter, $25,000 for
Homeless Prevention and $91,491 for Rapid Re-
3. WISEPlace — Financial assistance, case management and $ 31,128
housing search and placement.
4. HEART — Outreach and engagement by Santa Ana Police $ 51,880
Department.
5. 2-1-1 Orange County — Data collection. $ 20,750
Total For Non -Profit Organizations $
Administration $ 37,018
TOTAL $493,582
MOTION: Solorio SECOND: Pulido
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 17 JUNE 4, 2019
10A-17
PUBLIC HEARINGS
75A-1. PUBLIC HEARING - ADOPT THE FISCAL YEAR 2019-20 BUDGET AND
APPROVE CHANGES TO THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN {STRATEGIC PLAN 4, 2A} — Finance and Management
Services Agency
Legal Notice published in the Orange County Reporter on May 24, 2019 and May
31, 2019.
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Hairo Cortes, addressed City Council to request a funding increase to the Orange
County Justice organization.
• Jackie Cordova, requested City Council to pass a budget that will benefit children.
• Tania Sawezuk, on behalf of Vera Institute of Justice, spoke in support of continued
funding of the Immigrant Defenders Law Center.
• Cynthia Felix, spoke in support of continued funding of the Immigrant Defenders Law
Center.
• Carlos Perez, spoke in support of continued funding of the immigrant legal defense
program.
• Esmeralda, spoke in support of continued funding of the immigrant legal defense
program.
• Robert Herrera, in support of universal representation.
• Idalia Rios, in support of immigrant and renters legal defense programs.
• Camila Miguel, in support of investing in youth.
• Ruben Barreto, in support of investing in youth and universal representation.
• Miguel Hernandez, in support of universal representation, renter protections, and
diverse youth programs.
• Dulce Saavedra, in support of investing in youth.
• Lucero Garcia, in support of universal representation program.
City staff provided budget presentation.
City Manager Ridge spoke.
Council discussion ensued:
Mayor Pulido spoke.
City Manager Kristine Ridge spoke.
Councilmember Iglesias, requested staff to provide current staffing levels by
department.
City Manager Kristine Ridge spoke.
Mayor Pro Tern Villegas, requested Measure X revenue to be placed in an account
with oversight and to set aside funding towards a family justice center.
CITY COUNCIL MINUTES 18 JUNE 4, 2019
10A-18
Councilmember Penaloza, requested staff to provide a clearer summary of the
budget by department. Requested staff to provide the number residents that have
been assisted by the legal defense fund.
City Manager Kristine Ridge spoke.
Police Chief Valentin spoke.
Councilmember Solorio, unsupportive of budget as presented.
Councilmember Sarmiento, supportive of the balanced budget as presented.
Noted need to better define how Measure X and cannabis revenue will be
appropriated.
Mayor Pulido, supportive of budget as presented.
City Manager Ridge spoke.
Councilmember Solorio spoke.
City Attorney Carvalho spoke.
Mayor Pulido spoke.
Councilmember Solorio spoke. Supportive of adopting resolution to begin
process.
City Manager Ridge spoke.
Councilmember Solorio, supportive of calling for special meeting. Unsupportive of
budget as presented.
Councilmember Penaloza spoke.
City Manager Ridge spoke.
Councilmember Sarmiento spoke.
City Attorney Carvalho spoke.
Councilmember Sarmiento spoke.
City Attorney Carvalho spoke.
Councilmember Solorio motioned for a two -week continuance.
Mayor Pulido spoke.
Councilmember Sarmiento spoke.
CITY COUNCIL MINUTES 19 JUNE 4, 2019
10A-19
Mayor Pulido spoke.
Councilmember Penaloza spoke.
Councilmember Solorio motioned for a two -week continuance.
Mayor Pulido seconded motion for a two -week continuance.
Mayor Pulido closed the Public Hearing.
AMENDED MOTION: Continue consideration of matter for two weeks.
MOTION: Solorio SECOND: Pulido
VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas
(5)
NOES: Iglesias (1)
ABSTAIN: None (0)
ABSENT: None (0)
Ward 4 representative vacant.
75A-2. PUBLIC HEARING — ADOPT RESOLUTION ESTABLISHING FISCAL YEAR
2019-20 MISCELLANEOUS FEES AND SANITATION FEE (STRATEGIC PLAN
4, 2A) — Finance and Management Services Agency
Legal Notice published in the Orange County Reporter on May 24, 2019 and May
31, 2019.
City Manager Kristine Ridge spoke.
Mayor Pulido opened the Hearing. There were no speakers, no staff presentation
and the Hearing closed.
MOTION: Adopt resolutions.
1. RESOLUTION NO. 2019-038 -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF
MISCELLANEOUS FEES FOR FISCAL YEAR 2019-2020 -- -
2. RESOLUTION NO. 2019-039 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADJUSTING THE SANITATION FEE
ESTABLISHED BY ARTICLE XII OF CHAPTER 18 OF THE SANTA ANA
MUNICIPAL CODE
CITY COUNCIL MINUTES 20 JUNE 4, 2019
1 OA-20
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN
SECOND: Pulido
Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
None (0)
None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
75A-3. APPROVE $22.6 MILLION PRE -PAYMENT FOR THE CITY'S CONTRIBUTION
TO THE SAFETY EMPLOYEE PENSION UNFUNDED LIABILITY FOR FY 2019-
20 (STRATEGIC PLAN NO. 4, 1) - Finance and Management Services Agency
City Manager Kristine Ridge spoke.
Mayor Pulido opened the Hearing. There were no speakers, no staff presentation
and the Hearing closed.
MOTION: Approve a $22,644,532 pre -payment for the City's annual
Unfunded Actuarial Liability to California Public Employees Retirement
System (CaIPERS) — Safety Plan for Fiscal Year 2019-20.
MOTION: Solorio
SECOND: Sarmiento
VOTE: AYES:
Penaloza, Pulido, Sarmiento, Solorio, (4)
NOES:
Iglesias, Villegas (2)
ABSTAIN:
None (0)
ABSENT: None (0)
Ward 4 representative vacant.
75B. PUBLIC HEARING — APPROVE THE FISCAL YEAR 2019-20 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR A TOTAL AMOUNT
OF $7,146,686 {STRATEGIC PLAN NOS. 1,6; 2,2; 5,4) — Community
Development Agency
Community Redevelopment and Housing Commission approved recommended
action on March 27, 2019 by a vote of 6-1 (Urzua abstained).
Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet
on May 14, 2019.
CITY COUNCIL MINUTES 21 JUNE 4, 2019
1 OA-21
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Nati Alvareal, addressed City Council to request grant fund approval for the street
intervention after school program.
• Bryan Marquez, thanked City Council for supporting the Cambodian youth program.
• Jesus Marquez, supportive of funding Plan Ahead program.
Mayor Pulido closed the Hearing. Council discussion ensued.
Council discussion ensued.
Councilmember Sarmiento motioned for a 30-day continuance, seconded by
Pulido.
Councilmember Solorio, consider use of cannabis revenue applied unfunded
organizations.
Councilmember Penaloza requested clarification on motion.
Councilmember Sarmiento spoke.
City Manager Kristine Ridge advised council on the urgency of the item.
Mayor Pulido introduced friendly motion to continue item to a special meeting date
to be determined to consider the budget. Councilmember Sarmiento accepted
friendly amendment.
Councilmember Penaloza spoke.
FRIENDLYAMENDED MOTION; Continue consideration of matter to special
meeting for a date to be determined.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Sarmiento
Penaloza, Pulido,
Villegas(5)
None (0)
None (0)
ABSENT:-Iglesias(1)_
* Ward 4 representative vacant.
Sarmiento, Solorio,
CITY COUNCIL MINUTES 22 JUNE 4, 2019
1 OA-22
75C. PUBLIC HEARING - APPROVE THE FISCAL YEAR 2019 - 2020 ANNUAL
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM, HOME INVESTMENT PARTNERSHIPS (HOME)
PROGRAM, AND EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM;
AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT
{STRATEGIC PLAN NO. 5, 11 — Community Development Agency
Community Redevelopment and Housing Commission approved recommended
action on March 27, 2019 by a vote of 9-0.
Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet
on May 14, 2019.
Mayor Pulido spoke.
City Manager Ridge spoke.
Executive Director of Community Development Mendoza spoke.
AMENDED MOTION: Continue consideration of matter to special meeting
for a date to be determined.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN
SECOND: Solorio
Penaloza, Pulido, Sarmiento, Solorio,
Villegas(5)
None (0)
None (0)
ABSENT: Iglesias (1)
* Ward 4 representative vacant.
75D. PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2018-72, AMENDMENT
APPLICATION NO. 2018-04, DEVELOPMENT AGREEMENT NO.2018-02, AND
TENTATIVE PARCEL MAP NO. 2018-01 FOR THE MAINPLACE
TRANSFORMATION AND EXPANSION PROJECT SPECIFIC PLAN LOCATED
AT 2800 NORTH MAIN STREET - FILED BY MAINPLACE SHOPPINGTOWN,
LLC — {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 41 — Planning and Building Agency
Planning Commission approved recommended action on May 13, 2019 by a vote
of 5-0 (Alderete and Nguyen absent).
Legal Notice published in the Orange County Reporter May 24, 2019 and notices
mailed on said date.
Mayor Pulido opened the Hearing. The following spoke on the matter:
CITY COUNCIL MINUTES 23 JUNE 4, 2019
1OA-23
• Alex Zamora, unsupportive of item.
• Elizabeth Hansburg, in support of item.
• Mario Tafolla, in support of item.
• Dale Helvig, in support of item.
• Brian Flynn, unsupportive of item.
• John Tafoya, unsupportive of item.
• Genelle Johnson, in support of item.
• Luz Maria Ibarra, in support of item.
• Raymundo Lagunas, in support of item.
• Eugene Robledo, in support of item.
• Carlo Bonanni, unsupportive of item.
• Cory Sams, in support of item.
Brief staff presentation by Planning and Building Executive Director Executive
Director of Planning and Building Safety Minh Thai.
Jennifer Lynch, BBK attorney, spoke.
Applicant, Chief Executive Officer, Steven Levin, of Centennial Real Estate
Company spoke.
Oliver Robinson, Executive Vice President of Development Construction for
Centennial Real Estate spoke.
Council discussion ensued.
Councilmember Iglesias spoke.
Oliver Robinson spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Iglesias spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Iglesias spoke
Mayor Pulido spoke.
Applicant spoke.
Mayor Pulido spoke.
Councilmember Penaloza spoke.
Mayor Pro Tern Villegas spoke.
CITY COUNCIL MINUTES 24 JUNE 4, 2019
1 OA-24
Applicant spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Iglesias spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Solorio spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Solorio spoke.
Applicant spoke.
Councilmember Solorio spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Solorio spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Solorio spoke.
Councilmember Sarmiento spoke.
Applicant spoke
Jennifer Lynch, BBK attorney, spoke.
Councilmember Sarmiento spoke.
Jennifer Lynch, BBK attorney, spoke.
Mayor Pulido spoke.
Applicant spoke.
Councilmember Penaloza spoke.
Councilmember Solorio spoke. Unsupportive of item as presented.
Executive Director of Planning and Building Safety Minh Thai spoke.
Mayor Pulido called for the question. Villegas motioned, seconded by Mayor
Pulido.
CITY COUNCIL MINUTES 25 JUNE 4, 2019
1 OA-25
Planning and Building Executive Director Executive Director of Planning and
Building Safety Minh Thai submitted letter addressing comments received
recently on the item to be included in the record; and asked for conforming
changes to the resolution pertaining to Tentative Parcel Map No. 2018-01 for
consistency with Development Agreement No. 2018-02 to be included as part of
the motion.
MOTION.
1. Adopt a resolution.
RESOLUTION NO. 2019-040 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM
TO THE ENVIRONMENTAL IMPACT REPORT FOR THE FASHION
SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) FOR
THE MAINPLACE MALL TRANSFORMATION PROJECT AND RE -
ADOPTION OF A MITIGATION MONITORING AND REPORTING
PROGRAM
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2966 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE
PROPERTY LOCATED AT 2800 NORTH MAIN STREET
3. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2967 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING BETWEEN THE CITY OF SANTA
ANA AND MAINPLACE SHOPPINGTOWN, LLC FOR THE MAINPLACE
MALL TRANSFORMATION PROJECT AT 2800 NORTH MAIN STREET,
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET
SEQ.
AGMT 2019-089 — With Mainplace Shoppingtown, LLC for a ten-year period.
4. Adopt amended resolution.
RESOLUTION NO. 2019-041 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO.
2018-01, AS CONDITIONED, TO ALLOW SUBDIVISION OF SIX EXISTING
PARCELS INTO 10 PARCELS FOR THE MAINPLACE MALL AT 2800
NORTH MAIN STREET
MOTION: Villegas
VOTE: AYES
NOES:
SECOND: Pulido
Iglesias, Penaloza, Pulido, Villegas(4)
Sarmiento, Solorio (2)
CITY COUNCIL MINUTES 26 JUNE 4, 2019
1 OA-26
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
75E. PUBLIC HEARING - ABANDONMENT NO. 19-02 TO VACATE A PORTION OF
MAIN PLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD
(STRATEGIC PLAN NOS. 3, 2; 5, 3) — Public Works Agency
Legal Notice published in the Orange County Reporter on May 24, 2019 and May
31, 2019.
Mayor Pulido opened the Hearing. There were no speakers, no staff presentation
and the Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2019-042 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING A PORTION OF MAINPLACE DRIVE
BETWEEN MAIN STREET AND BEDFORD ROAD (ABANDONMENT NO. 19-
02)
MOTION: Villegas SECOND: Sarmiento
VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
75F. PUBLIC HEARING — ORDINANCE AMENDMENT NO. 2019-01 TO ADD TO
AND AMEND CERTAIN SECTIONS OF CHAPTER 21 OF THE SANTA ANA
MUNICIPAL CODE TO ALLOW VERTICAL AND HORIZONTAL INTEGRATION
OF CANNABIS BUSINESSES; UPDATING PROCEDURAL STANDARDS AND
REQUIREMENTS RELATING TO OWNERSHIP TRANSFERS, SECURITY
DEPOSITS, AND VARIOUS ADMINISTRATIVE PROCESSES; AND REDUCING
CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS
{STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 31 — Finance and Management
Services Agency; and Planning and Building Agency
Legal Notice published in the Orange County Reporter May 24, 2019 and May 31,
2019.
CITY COUNCIL MINUTES 27 JUNE 4, 2019
1 OA-27
Mayor Pulido and Councilmember Sarmiento recused themselves.
Mayor Pro Tern Villegas opened the Hearing. There were no speakers, no staff
presentation. Council discussion ensued.
Councilmember Penaloza spoke.
MOTION.
1. Place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII,
AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT
PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL
INTEGRATION (SECTIONS 21-131.2 AND 21-142); REDUCTION IN THE
GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES,
DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS,
CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT
REQUIREMENTS (SECTION 21-133); AND REDUCTION OF SECURITY
DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL
REQUIREMENTS (SECTIONS 21-80, 21-80.1, 21-86 AND 21-136)
2. Adopt a resolution.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR
TESTING LABORATORIES FROM FIVE (5%) PERCENT TO TWO (2%)
PERCENT
3. Adopt a resolution.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
ESTABLISHING A CANOPY MEASUREMENT SERVICE FEE AND AN
ALLOCATED SQUARE FOOTAGE MEASUREMENT SERVICE FEE
MOTION: Solorio
VOTE: AYES:
NOES
ABSTAIN
SECOND: Penaloza
Penaloza, Solorio, Villegas(3)
Iglesias (1)
Pulido, Sarmiento (2)
ABSENT: None (0)
Ward 4 representative vacant.
Motion failed.
CITY COUNCIL MINUTES 28 JUNE 4, 2019
1 OA-28
Councilmember Solorio spoke.
City Attorney Carvalho spoke
Mayor Pro Tem Villegas spoke.
Councilmember Penaloza motioned to reconsider.
Mayor Pulido and Councilmember Sarmiento recused themselves.
City Manager Ridge spoke.
Mayor Pro Tem Villegas spoke.
Councilmember Solorio spoke.
Councilmember Penaloza spoke.
MOTION: Reconsideration of item.
MOTION: Penaloza
VOTE: AYES
ABSTAIN:
SECOND: Villegas
Penaloza, Solorio, Villegas(3)
Iglesias (1)
Pulido, Sarmiento (2)
ABSENT: None (0)
* Ward 4 representative vacant.
* Motion to reconsider failed.
Council discussion on item 75F continued.
Councilmember Penaloza spoke.
City Manager Kristine Ridge spoke.
Mayor Pro Tem Villegas spoke.
City Attorney Sonia Carvalho spoke.
Mayor Pulido and Councilmember Sarmiento stated reason for recusing
themselves from item 75F.
CITY COUNCIL MINUTES 29 JUNE 4, 2019
1 OA-29
75G. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-03 TO
AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS OF THE
TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) AMENDMENT
SECTIONS INCLUDED: BUILDING HEIGHTS — LINED BLOCK; OFF-STREET
PARKING OPTIONS; PARKING DRIVEWAY STANDARDS; UPPER STORY
SETBACK; LOT WIDTH AND DEPTH STANDARDS; OPEN SPACE
STANDARDS; MASSING STANDARDS AND LOT WIDTH AND DEPTH
STANDARDS TEXT AMENDMENTS — CITY OF SANTA ANA, APPLICANT
{STRATEGIC PLAN NO. 3, 2; 5,31 — Planning and Building Agency
Planning Commission approved recommended action on May 14, 2019 by a vote
of 4-1 (Cano dissented; Alderete and Contreras -Leo absent).
Legal Notice published in the Orange County Reporter May 24, 2019.
Mayor Pulido opened the Hearing. There were no speakers, staff presented.
Council discussion ensued.
Councilmember Penaloza, moved for continuance.
Councilmember Iglesias, seconded.
City Manager Ridge spoke.
Councilmember Penaloza spoke.
City Manager Ridge spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Penaloza spoke.
City Manager Ridge spoke.
Councilmember Penaloza spoke.
Planning Manager Candida Neal, provided City Council with staff presentation.
Councilmember Penaloza spoke.
Planning Manager Candida Neal, continued with staff presentation.
Councilmember Penaloza spoke.
Planning Manager Candida Neal, continued with staff presentation.
Councilmember Penaloza spoke.
Councilmember Sarmiento spoke.
CITY COUNCIL MINUTES 30 JUNE 4, 2019
1 OA-30
City Manager Ridge spoke.
Councilmember Sarmiento spoke.
Planning Manager Candida Neal spoke.
City Attorney Carvalho spoke.
Councilmember Penaloza spoke.
City Attorney Carvalho spoke.
Councilmember Penaloza spoke.
City Attorney Carvalho spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Penaloza spoke.
Councilmember Solorio spoke.
City Manager Ridge spoke.
Mayor Pulido spoke.
City Manager Ridge spoke.
Councilmember Iglesias spoke.
Mayor Pulido spoke.
Mayor Pro Tern Villegas spoke.
Councilmember Penaloza spoke.
Planning Manager Candida Neal spoke.
Councilmember Penaloza spoke.
MOTION: Continue consideration of matter for 30 days.
MOTION: Penaloza SECOND: Iglesias
VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
NOES: None (0)
CITY COUNCIL MINUTES 31 JUNE 4, 2019
1 OA-31
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
75H. PUBLIC HEARING — MITIGATED NEGATIVE DECLARATION NO. 2015-14;
GENERAL PLAN AMENDMENT NO.2017-03 TO CHANGE THE DESIGNATION
OF THE PROPERTIES AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST
EDINGER AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL; TENTATIVE TRACT MAP NO. 2017-04 AND
VARIANCE NO. 2017-10 TO ALLOW CONSTRUCTION OF 17 RESIDENTIAL
TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE -
FILED BY HAPHAN GROUP INC. (STRATEGIC PLAN NO. 3, 2)— Planning and
Building Agency
Planning Commission approved recommended action on May 13, 2019 by a vote
of 6-0 (Alderete absent).
Legal Notice published in the Orange County Reporter May 24, 2019 and notices
mailed on said date.
Mayor Pulido opened the Hearing. The following spoke on the matter:
Marisol Cardenas, unsupportive of item.
Mayor Pulido closed the Hearing and council discussion ensued:
Councilmember Iglesias spoke.
City Manager Ridge spoke.
Planning Manager Candida Neal spoke.
Principal Civil Engineer Taig Higgens spoke.
Councilmember Iglesias spoke.
Executive Director of Planning and Building Safety Minh Thai spoke.
Councilmember Iglesias spoke.
Councilmember Solorio spoke.
Applicant spoke.
City Manager Ridge spoke.
Principal Civil Engineer Taig Higgens spoke.
CITY COUNCIL MINUTES 32 JUNE 4, 2019
1 OA-32
Councilmember Solorio spoke.
Principal Civil Engineer Taig Higgens spoke.
Councilmember Solorio spoke.
City Manager Ridge spoke.
Councilmember Solorio spoke. Supportive of continuing item for two weeks.
SUBSTITUTE MOTION. Continue consideration of matter to two weeks.
MOTION: Solorio SECOND: Pulido
VOTE: AYES: Pulido, Sarmiento, Solorio, Villegas(4)
NOES: Penaloza, Iglesias (2)
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
*AFTER CONSIDERATION OF ITEM 75J, CITY MANAGER KRISTINE RIDGE PROVIDED
CLARIFICATION ON ITEM 75H AND INQUIRED IF COUNCIL WOULD LIKE TO
RECONSIDER SAID ITEM.
MOTION: Reconsideration of item 75H.
MOTION: Solorio SECOND: Pulido
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 33 JUNE 4, 2019
1 OA-33
Councilmember Solorio spoke.
MOTION: Adopt resolutions.
RESOLUTION NO. 2019-043 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE
DECLARATION ENVIRONMENTAL REVIEW NO. 2015-14 AND ADOPTING
A MITIGATION MONITORING AND REPORTING PROGRAM; FOR
GENERAL PLAN AMENDMENT NO.2017-03, TENTATIVE TRACT MAP NO.
2017-04 AND VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT
LOCATED AT 3025 WEST EDINGER AVENUE
2. RESOLUTION NO.2019-044 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT
NO.2017-03 FOR THE PROPERTIES LOCATED AT2935, 3007, 3013, 3019,
3025 AND 3109 WEST EDINGER AVENUE
3. RESOLUTION NO. 2019-045 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO.
2017-04 AS CONDITIONED TO CONSOLIDATE THREE EXISTING
PARCELS INTO ONE DEVELOPMENT SITE AND CREATE A SUBDIVISION
OF 17 CONDOMINIUM UNITS AT 3025 AND 3109 WEST EDINGER
AVENUE
4. RESOLUTION NO. 2019-046 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-10 AS
CONDITIONED TO ALLOW THE CONSTRUCTION OF 17 TOWNHOMES
AND ALLOW AN INCREASE IN BUILDING HEIGHT, REDUCTION IN
FRONT YARD SETBACK, DEVIATIONS TO OPEN SPACE AND FLOOR
PLAN CONFIGURATION STANDARDS FOR THE PROPERTY LOCATED
AT 3025 AND 3109 WEST EDINGER AVENUE
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.
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751. PUBLIC HEARING — MITIGATED NEGATIVE DECLARATION NO. 2018-75;
GENERAL PLAN AMENDMENT NO. 2019-01; AMENDMENT APPLICATION
NO. 2019-01 TO CHANGE THE DESIGNATION OF THE PROPERTY AT 651
WEST SUNFLOWER AVENUE FROM GENERAL COMMERCIAL TO URBAN
NEIGHBORHOOD; LOW -DENSITY RESIDENTIAL TO SPECIFIC
DEVELOPMENT NO. 94 TO ALLOW THE CONSTRUCTION OF 226
RESIDENTIAL APARTMENT UNITS - FILED BY LEGACY PARTNERS
{STRATEGIC PLAN NOS. 3, 21 — Planning and Building Agency
Planning Commission approved recommended action on May 13, 2019 by a vote
of 6-0 (Alderete absent).
Legal Notice published in the Orange County Reporter May 24, 2019 and notices
mailed on said date.
Mayor Pulido opened the Hearing. The following spoke on the matter:
f Adrian Esparza, in support of item.
• Daniel Garcia, in support of item.
• Judy Edge, addressed City Council to request neighborhood utility lines to be
installed underground.
• Tammy Frias, in support of item.
• Brian Heney, in support of item.
• Anna Menendez, in support of item.
• Spencer Miller, in support of item.
• Diane Pritchett, in support of item.
Applicant, Tim O'Brien on behalf of Legacy Partners, addressed City Council to
request approval of item.
Council discussion ensued.
Councilmember Penaloza spoke.
Councilmember Iglesias spoke
Applicant, Tim O'Brien on behalf of Legacy Partners spoke.
Councilmember Iglesias spoke
Applicant, Tim O'Brien on behalf of Legacy Partners spoke.
Councilmember Iglesias spoke
Executive Director of Planning and Building Safety Minh Thai spoke
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Councilmember Sarmiento spoke.
Councilmember Solorio spoke
MOTION:
1. Adopt resolutions.
a. RESOLUTION NO. 2019-047 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE
DECLARATION ENVIRONMENTAL REVIEW NO. 2018-75 AND
APPROVING AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT
NO. 2019-01 FOR THE PROJECT LOCATED AT 651 WEST
SUNFLOWER AVENUE
b. RESOLUTION NO. 2019-048 -A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN
AMENDMENT NO. 2019-01 FOR THE PROPERTY LOCATED AT 651
WEST SUNFLOWER AVENUE
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2968 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2019-01 REZONING THE PROPERTY LOCATED AT 651 WEST
SUNFLOWER AVENUE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO
SPECIFIC DEVELOPMENT NO. 94 (SD-94) (AA NO. 2019-01) AND
ADOPTING SPECIFIC DEVELOPMENT NO. 94 (SD-94) FOR SAID
MOTION: Solorio SECOND: Penaloza
VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
* Ward 4 representative vacant.
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75J. PUBLIC HEARING CONTINUED — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CHANGING THE BOUNDARIES OF WARD 3 IN
CONJUNCTION WITH THE PROPOSED 24.78-ACRE COUNTY ISLAND
ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF
SEVENTEENTH STREET AND TUSTIN AVENUE — Planning and Building
Agency
Matter continued to the June 18, 2019 City Council meeting at the request
of staff.
*CITY MANAGER KRISTINE RIDGE PROVIDED CLARIFICATION ON ITEM 75H AND
INQUIRED IF COUNCIL WOULD LIKE TO RECONSIDER SAID ITEM.
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 CITY MANAGER TO REQUEST
STAFF TO CONSIDER SCHEDULING A PUBLIC HEARING OF THE
REGIONAL SIGN PROGRAM NO. 2018-01 FOR THE DISCOVERY CUBE -
Councilmember Solorio
Councilmember Solorio spoke.
Councilmember Penaloza, requested further discussion of Zoo sign
advertisement opportunities.
85B. DISCUSS POLICE SUBSTATIONS - Councilmember Iglesias
Councilmember Iglesias, requested staff to provide cost analysis of creating
police substations in each ward.
City Manager Ridge spoke.
RECESSED CITY COUNCIL MEETING AT 11:31 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:31 P.M.
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items).
The following spoke:
CITY COUNCIL MINUTES 37 JUNE 4, 2019
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• Mary Jo Baretich, requested City Council to assist mobile home park owners.
In support of rent stabilization ordinance.
• James Osborne, requested City Council assist mobile home park owners.
• Pedro Correa, requested City Council to assist mobile home park owners. In
support of rent stabilization ordinance.
• Dao Tran, requested City Council to assist mobile home park owners against
rent gauging.
• Tuat Mai, requested City Council to assist mobile home park owners against
rent gauging.
• Jasper Newkirk, requested City Council to assist mobile home park owners
against rent gauging.
• Char Marchbank, requested City Council to assist mobile home park owners
against rent gauging.
• Huong Luong, requested City Council to assist mobile home park owners
against rent gauging.
• Roseanne Clark, requested City Council to assist mobile home park owners.
In support of rent stabilization ordinance.
• Joann Jones, requested City Council to assist mobile home park owners from
excessive rent increases.
• Anh Tran, requested City Council to assist mobile home park owners against
rent gauging.
• Tammy Tran Vivian, requested City Council to assist mobile home park
owners from excessive rent increases.
• Duc Ho, requested City Council to assist mobile home park owners from
excessive rent increases.
• Han Nguyen, requested City Council to assist mobile home park owners from
excessive rent increases.
• Dinh Pham, requested City Council to assist mobile home park owners from
excessive rent increases.
• Tri Le, requested City Council to assist mobile home park owners from
excessive rent increases.
• Tammy Tran, requested City Council to assist mobile home park owners from
excessive rent increases.
• Hong Le, requested City Council to assist mobile home park owners from
excessive rent increases.
• Trung Truong, requested City Council to assist mobile home park owners from
excessive rent increases.
• Chien Huynit, requested City Council to assist mobile home park owners from
excessive rent increases.
• Mary Lan Le, requested City Council to assist mobile home park owners from
excessive rent increases.
• Khai Vu, requested City Council to assist mobile home park owners from
excessive rent increases.
• Lan Ho, requested City Council to assist mobile home park owners from
excessive rent increases.
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• Dale Helvig, expressed concern as to 2525 Main Street development.
• Qui Vuong, requested City Council to assist mobile home park owners from
excessive rent increases.
• Carlo Bonanni, expressed concern as to homeless population residing on
railroad tracks and apartment developments.
90A. CITY MANAGER'S COMMENTS
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento, noted pending state legislation to address rent
stabilization.
Mayor Pro Tern Villegas, reported attendance at open house police recruitment
event.
Councilmember Solorio, noted upcoming 150th anniversary event at the Heritage
Museum.
Councilmember Penaloza, thanked staff for all of their efforts.
Councilmember Iglesias, directed City Manager to place an RV Parking
enforcement update on the June 18, 2019 City Council meeting agenda. Reported
attendance at the May 23, 2019 Orange County Sanitation District meeting
attendance.
ADJOURNED- 12:32 A.M. - The next meeting of the City Council is scheduled for Tuesday,
June 18, 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.
FUTURE AGENDA ITEMS
• CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION
• GENERAL PLAN UPDATE
• CITY'S 150TH ANNIVERSARY PLANNING
• CONTRACTED SECURITY FOR PARKS
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