HomeMy WebLinkAbout10C - DRAFT MINUTES 09-03-19DRAFT MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
September 3, 2019
CLOSED SESSION MEETING
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Mayor Pro Tern Villegas called the meeting to order at 5:14 and quorum established
with the presence of Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember
Penaloza, Councilmember Sarmiento, Councilmember Solorio; and Mayor Pulido joined
at 5:15 p.m.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
Ward 4 is vacant.
PUBLIC COMMENTS - Members of the public may address the City Council on items
on the Closed Session Agenda.
There were no public comments made.
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:
Mayor Pro Tern recessed the meeting to room 147 at 5:14 p.m. to discuss Closed
Session Items 1-3 as listed on the agenda:
1. 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. Antranik
Ozbag Zorayan et al., Orange County Superior, Court Case No. 30-
2017-00938838 B) Orange County Catholic Worker, et al. v.
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Orange County, et al.., U.S. District Court (Central District of
California), Case No. SA CV 18-0155-DOC (KESx) C) 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) D) Rogelio Reyes v. City of Santa Ana,
Case. No. SA CV 18-1537-DOC (ADSx) E) Santa Ana Police
Officers Association et. al v. City of Santa Ana OC Superior Court,
Case No. 30-2015-00771129-CU-WM-CJC
2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED
LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of
Section 54956.9 of the Government Code: One
3. 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); Confidential Association of Santa Ana
(CASA); Santa Ana Management Association (SAMA)
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be
taken at the Regular Meeting which will begin immediately following the Closed Session
Meeting.
ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION.
Mayor Pulido adjourned Closed Session at 6:20 p.m.
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REGULAR OPEN MEETING
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Mayor Pulido called the Regular Open Session to order at 6:21 p.m.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
Ward 4 is vacant.
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - DAVE MITCHELL, POLICE CHAPLAIN
CEREMONIAL PRESENTATIONS
1. SPECIAL PRESENTATION presented by the Santa Ana Chamber
of Commerce, "YOUR Santa Ana Chamber of Commerce at Work."
Dave Elliot, Chief Executive Officer, and team provided a brief presentation.
2. CERTIFICATES OF RECOGNITION presented by MAYOR
PULIDO recognizing Alison Young for her contributions to the
community.
3. CERTIFICATE OF RECOGNITION presented by
COUNCILMEMBER SOLORIO recognizing the Professor John
Dombrink for his contributions to the community.
CLOSED SESSION REPORT - The City Attorney will report items to be added to
Consent Calendar Item 19A from the Closed Session meeting.
PUBLIC COMMENTS
Bruce Channing spoke in support of Item 20B.
CONSENT CALENDAR
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MOTION: Approve staff recommendations on the following Consent Calendar
items: Items 11A through 25F; 39A pulled for separate discussion.
Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio.
MOTION: Councilmember SECOND: Councilmember Solorio
Penaloza
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
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 ORDINANCE NO. NS-2972 ENTITLED - 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)
{STRATEGIC PLAN NO. 5, 1)— Planning and Building Agency
Placed on first reading at the August 20, 2019 City Council meeting and approved by a
vote of 4-1 (Iglesias dissented, Pulido absent). Published in the Orange County
Reporter on August 23, 2019.
MOTION: Place ordinance on second reading and adopt.
This Consent — Motion was approved.
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11 B. ADOPT ORDINANCE NO. NS-2973 ENTITLED: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF
ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO MEDICINAL MARIJUANA AND CHAPTER 40 OF THE MUNICIPAL
CODE PERTAINING TO COMMERCIAL CANNABIS TO UPDATE AND STREAMLINE
IMPLEMENTATION OF COMMERCIAL CANNABIS, INCLUDING MEDICINAL
CANNABIS PURCHASING AGE (SECTION 18-613), EMPLOYEE BADGES
(SECTIONS 18-613 AND 40-8), MANUFACTURING PERMIT REQUIREMENTS
(SECTION 40-8), AND ADMINISTRATION AND IMPLEMENTATION AMENDMENTS
(SECTIONS 18-617.5, 40-1, 40-2, 40-5, 40-8, 40-9.1, AND 40-10) {STRATEGIC PLAN
NO. 5, 11 — Planning and Building Agency Placed on first reading at the August 20,
2019 City Council meeting and approved by a vote of 4-1 (Iglesias dissented, Pulido
absent). Published in the Orange County Reporter on August 23, 2019.
MOTION: Place ordinance on second reading and adopt.
This Consent — Motion was approved.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT ALBERTA CHRISTY NOMINATED BY COUNCILMEMBER PENALOZA
AS THE WARD 2 REPRESENTATIVE TO THE HISTORIC RESOURCES
COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC
PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Nominate Alberta Christy for an appointment to the Historic Resources
Commission as the Ward 2 representative (replaces G. Hardy).
This Consent — Motion was approved and oath issued.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None.
19B. EXCUSED ABSENCES — Clerk of the Council Office
None.
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BUDGETARY MATTERS
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APPROPRIATE $23,760 FROM THE SOCAL WATER$MART PUBLIC AGENCY
LANDSCAPE PROGRAM TO PURCHASE CENTRAL COMPUTER IRRIGATION
CONTROLLERS FOR CENTENNIAL PARK {STRATEGIC PLAN NO. 6, 1) — Parks,
Recreation and Community Services Agency
MOTION: Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-017 - Recognizing $23,760 from the
SoCal Water$mart Public Agency Landscape Program in the Miscellaneous
income account and appropriate the same amount to the Parks, Recreations and
Community Services Agency Operating Materials & Supplies Buildings/Grounds
account to purchase central computer irrigation controllers for Centennial Park.
This Consent — Motion was approved.
20B. AUTHORIZE THE CITY MANAGER TO INITIATE A MEMBERSHIP WITH THE
ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY AND APPROVE AN
APPROPRIATION ADJUSTMENT OF $68,677 {STRATEGIC PLAN NO. 1, THROUGH
7) - City Manager's Office
Authorize the City Manager to initiate a membership with the Association of
California Cities — Orange County.
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-025 - Transferring $68,677 from
general fund non -departmental into the legislative accounting unit.
This Consent — Motion was approved.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AMEND THE BLANKET ORDER CONTRACT FOR CHAIN LINK FENCE
RENTALS IN THE AMOUNT OF $118,400 WITH UNITED SITE SERVICES, INC.
(SPECIFICATION NO. 16-059) {STRATEGIC PLAN NO. 5,4) - Finance and
Management Services Agency; Community Development Agency; Parks, Recreation
and Community Services; and Public Works Agency
MOTION: Authorize the City Manager to amend the annual amount of the blanket
order contract with United Site Service, Inc. for citywide chain link fence rentals by
$97,000 plus a 10 percent contingency of $21,400, for a new total annual amount
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September 3, 2019
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not to exceed $235,400, subject to non -substantive changes approved by the City
Manager and City Attorney.
This Consent — Motion was approved.
22B. AWARD A BLANKET ORDER CONTRACT IN THE AMOUNT NOT TO EXCEED
$240,120 TO CESAR VARGAS AND ASSOCIATES FOR TRANSLATION SERVICES
(SPECIFICATION NO. 19-086) {STRATEGIC PLAN NO. 5, 1) - Finance and
Management Services Agency; Community Development Agency; Human Resources
Department; Police Department and Public Works Agency
MOTION: Award a blanket order contract to Cesar Vargas and Associates for
translation services for a one-year period beginning September 3, 2019, and
expiring on September 2, 2020 in an amount not to exceed $63,780 for the first
year, with provisions for three one-year renewals exercisable by the City
Manager, in an annual amount not to exceed $58,780, for a total amount not to
exceed $240,120, subject to non -substantive changes approved by the City
Manager and City Attorney.
This Consent — Motion was approved.
PROJECTS/CHANGE ORDERS
23A. AUTHORIZE A BUDGET REALLOCATION AND AWARD A CONSTRUCTION
CONTRACT TO ARAMEXX CONSTRUCTION IN THE AMOUNT OF $2,856,418, FOR
THE CIVIC CENTER BIKE BOULEVARD AND SAFE ROUTES TO SCHOOL
ENHANCEMENTS FOR SEPULVEDA ELEMENTARY SCHOOL PROJECT
ESTIMATED PROJECT COST: $3,383,000 (PROJECT NOS. 17-6801 & 17-6886)
{STRATEGIC PLAN NO. 6, 1 C & 1 G) - Public Works Agency
Authorize the reallocation of $65,000 in unspent Fiscal Year 2018-19 Measure
M2 Local Fairshare Funds from Local Preventative Maintenance FY 17/18
Project (Project #18-6907) to the Safe Routes to School Enhancements for
Sepulveda Elementary School Project (Project #17-6886).
Award a contract to Aramexx Construction, the lowest responsible bidder, in
accordance with the base bid in the amount of $2,856,418, for construction of the
Civic Center Bike Boulevard and Safe Routes to School Enhancements for
Sepulveda Elementary School Project, for the term beginning upon execution of
the contract and ending upon project completion, and authorize the City Manager
to execute the contract subject to non -substantive changes approved by the City
Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $3,383,000, which includes $2,856,418 for the construction contract; $226,422
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September 3, 2019
10C-7
for contract administration, inspection and testing; and a $300,160 project
contingency (approximately 10% of the construction contract amount), funded by
Active Transportation Program Cycle 2 Funds.
This Consent — Motion was approved.
AGREEMENTS
25A. APPROVE AMENDMENT TO LEGAL SERVICES AGREEMENT FOR SPECIAL
LEGAL COUNSEL SERVICES WITH CARPENTER, ROTHANS & DUMONT TO
INCREASE HOURLY BILLING RATE TO $225/HOUR FOR GENERAL LIABILITY AND
POLICE LITIGATION DEFENSE MATTERS {STRATEGIC PLAN NO. 1, 3, 4, 5) — City
Attorney's Office and Human Resources Department
MOTION: Authorize the City Manager to execute an amendment to the legal
services agreement with the law firm of Carpenter, Rothans & Dumont, ("CRD")
for litigation matters concerning general liability and police litigation defense,
effective October 1, 2019, subject to non -substantive changes approved by the
City Manager and the City Attorney. The amendment reflects a change in the
CRD hourly billing rate from $200 to $225 per hour effective October 1,
2019. While the hourly rate will increase by $25/hour, the overall appropriation for
Agreement (A-2017-070), approved by the Council on April 18, 2017, will remain
the same (Agreement No. A-2019-xxx).
This Consent Item - Agreement No. A-2019-148 was approved.
25B. APPROVE AGREEMENTS WITH URBAN FUTURES INC. (NOT -TO -EXCEED
$72,500) AND BEST BEST & KRIEGER, LLP (NOT -TO -EXCEED $117,500) FOR
PROFESSIONAL SERVICES RELATED TO THE REFUNDING OF THE GAS TAX
REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2007 {STRATEGIC PLAN
NO. 4, 2D) - Finance and Management Services Agency
Authorize the City Manager to execute an agreement with Urban Futures Inc. for
financial advisor services related to the refunding of the Certificates of
Participation beginning September 3, 2019 through June 30, 2020, for a not -to -
exceed amount of $72,500, with a provision for a one-year extension exercisable
by the City Manager and the City Attorney and subject to non -substantive
changes approved by the City Manager and the City Attorney (Agreement No. A-
2019-xxx).
This Consent Item - Agreement No. A-2019-149 was approved.
Authorize the City Manager to execute an agreement with Best Best & Krieger,
LLP for bond counsel and disclosure counsel services related to the refunding of
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the Certificates of Participation beginning September 3, 2019 through June 30,
2020, for a not -to -exceed amount of $117,500, with a provision for a one-year
extension exercisable by the City Manager and City Attorney and subject to non -
substantive changes approved by the City Manager and the City Attorney or
his/her designee (Agreement No. A-2019-xxx).
This Consent Item - Agreement No. A-2019-150 was approved.
25C. APPROVE THE FIRST AMENDMENT TO THE AGREEMENTS WITH
ADMINSURE, INC., FOR THIRD PARTY ADMINISTRATOR CLAIMS SERVICES
ADDITIONAL ANNUAL FEES FOR GENERAL LIABILITY OF $93,360 AND
WORKERS' COMPENSATION CLAIMS OF $49,800 {STRATEGIC PLAN NO. 7; 61 —
Human Resources Department
MOTION: Authorize the City Manager to execute the attached first amendments
to the agreements with AdminSure, Inc., to provide an increased scope of
services to the City's self -insured third party claims administration and
management for General Liability and Workers' Compensation with term of
agreements remaining from September 5, 2018 through August 31, 2021 which
include two, two-year options for renewal. Additional amount of $7,780 per month
for General Liability and $4,150 per month for Workers' Compensation, subject to
non -substantive changes approved by the City Manager and City Attorney. This
increase annualized is $49,800 for Workers' Compensation and $93,360 for
General Liability (Agreement Nos. A-2019-xxx and A-2019-xxx).
This Consent Item - Agreement Nos. A-2019-151 and A-2019-152 was approved.
25D. APPROVE RENEWAL AGREEMENT FOR BILL PRINT SERVICES WITH
INFOSEND, INC. {STRATEGIC PLAN NO. 7, 5F) — Finance and Management Services
Agency and Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with InfoSend,
Inc. ("InfoSend") for printing, processing, mailing, and electronic bill presentment
and payment for City water billing, licensing and/ or fee revenues effective July 1,
2019 through December 31, 2020, for an amount not to exceed $600,000, subject
to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-xxx).
This Consent Item - Agreement No. A-2019-153 was approved.
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September 3, 2019
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25E. APPROVE SECOND AMENDMENT TO COOPERATIVE AGREEMENT FOR THE
SANTAANA-DELHI CHANNEL DIVERSION PROJECT AUTHORIZING
REIMBURSEMENT OF UP TO $148,500 TO THE CITY OF COSTA MESA (PROJECT
NO. 16-6467) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency
MOTION: Authorize the City Manager to execute a Second Amendment to the
Cooperative Agreement with the City of Costa Mesa for the Santa Ana -Delhi
Channel Diversion Project, authorizing reimbursement of up to $148,500 to the
City of Costa Mesa for costs associated with constructing an underground
segment of the Santa Ana -Delhi Channel Diversion Project, located on Bristol
Street from Baker Street to Newport Boulevard, subject to non -substantive
changes approved by the City Manager and the City Attorney (Agreement No. A-
2019-xxx).
This Consent Item - Agreement No. A-2019-154 was approved.
25F. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SINGLE POINT
ALLIANCE, INC., IN THE AMOUNT OF $250,000 TO PROVIDE A CENTRAL STORES
CONSIGNMENT INVENTORY PROGRAM (SPECIFICATION NO. 11-059)
{STRATEGIC PLAN NO. 6, 1, C) — Public Works Agency
MOTION: Authorize the City Manager to amend the agreement with Single Point
Alliance, Inc., for a consignment inventory program in the amount of $250,000, for
a new total annual amount not to exceed $917,500, and extend the term by four
months for a new agreement expiration date of January 31, 2020, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement
No. A-2019-xxx).
This Consent Item - Agreement No. A-2019-155 was approved.
LAND USE MATTERS
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39A. APPROVE NAMING OF THE NEW PARK AT 720 EAST SIXTH STREET
"MARIPOSA PARK" {STRATEGIC PLAN NO. 5, 4) — Planning and Building Agency and
Parks, Recreation and Community Services Agency Planning Commission approved
recommended action on August 12, 2019 by a vote of 6-0. Board of Recreation
and Parks recommended the Planning Commission name park "Parque Mariposa" on
June 26, 2019 by a vote of 4-0 (Aleman, Sanchez and Velarde-Garcia absent).
MOTION: Approve naming of the park at 720 East Sixth Street "Mariposa Park".
Councilmember Penaloza motioned to approve, seconded by Mayor Pro Tern Villegas.
DRAFT CITY COUNCIL MINUTES 10 September 3, 2019
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MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Penaloza
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Solorio (5)
NOES: Councilmember Sarmiento (1)
ABSTAIN: None (0)
ABSENT: None (0)
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ADMINISTERED OATH OF OFFICE TO ALBERTA CHRISTY, HISTORIC
RESOURCES COMMISSIONER
Mayor Pulido acknowledged Rosie Avila for her past service on the Santa Ana Unified
School Board and contributions to the community.
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55A. ADOPT A RESOLUTION FOR THE OC PLAN FOR INTEGRATED REGIONAL
WATER MANAGEMENT FOR NORTH AND CENTRAL ORANGE COUNTY AND THE
ONE WATER ONE WATERSHED PLAN FOR THE SANTA ANA RIVER WATERSHED,
AND AUTHORIZE THE SANTA ANA WATERSHED PROJECT AUTHORITY TO
SUBMIT A PROP 1 INTEGRATED REGIONAL WATER MANAGEMENT GRANT
APPLICATION ON BEHALF OF THE CITY OF SANTA ANA FOR THE RAITT AND
MYRTLE PARK PROJECT {STRATEGIC PLAN NO. 5, 6F) - Public Works Agency
Adopt a RESOLUTION NO. 2019-075 ENTITLED: A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING THE OC PLAN
FOR INTEGRATED REGIONAL WATER
MANAGEMENT FOR NORTH AND CENTRAL
ORANGE COUNTY AND THE ONE WATER ONE
WATERSHED PLAN FOR THE SANTA ANA RIVER
WATERSHED, AND AUTHORIZING THE SANTA
ANA WATERSHED PROJECT AUTHORITY TO
SUBMIT A PROP. 1 IRWM GRANT APPLICATION
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ON BEHALF OF THE CITY OF SANTA ANA FOR
THE RAITT AND MYRTLE PARK PROJECT
2. Authorize the Santa Ana Watershed Project Authority
to submit a Prop 1 Integrated Regional Water
Management grant application on behalf of the City of
Santa Ana for the Raitt and Myrtle Park Project.
Councilmember Sarmiento motioned to adopt, seconded by Councilmember Solorio.
MOTION: Councilmember SECOND: Councilmember Solorio
Sarmiento
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS - BUSINESS
60A. AUTHORIZE THE NEGOTIATION OF A DISPOSITION AND DEVELOPMENT
AGREEMENT (DDA) FOR THE RENOVATION AND REUSE OF THE YMCA
PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE {STRATEGIC PLAN
NO. 3, 5A) — Community Development Agency
MOTION: Authorize the City Manager to negotiate a Disposition and Development
Agreement (DDA) for the reuse of the YMCA property with Caribou Industries,
subject to non -substantive changes approved by the City Manager and City
Attorney.
PUBLIC COMMENT:
Lucy Santana spoke in support of creating an educational institution as well as providing
community space for culture and arts.
Heather Luis -Martinez spoke in support of community center at the YMCA property.
Oralia Aguilera spoke in support of the item.
Valerie Sy spoke in opposition of the item.
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Marlene Pena-Marin spoke in opposition of the item.
Jose Rea spoke in opposition of the item.
Cristina Garcia Rea spoke in opposition of the item.
Jose De Jesus Rea III spoke in opposition of the item.
Rosie Avila spoke in support of the item.
Councilmember Solorio directed staff to find other facilities for the non-profit
Relampago Del Cielo Grupo Folklorico and encourages both interested parties to work
together.
Councilmember Penaloza encouraged staff to include strict timeline language for any
development.
Councilmember Iglesias directed City Manager to include strict deadlines for completion
of project and requested updates as the project moves along.
City Manager Kristine Ridge informed council that the DDA includes hard deliverables,
timelines and the agreement will be brought back to council for approval.
Councilmember Penaloza encouraged staff to include language to protect the bees and
honeycombs located in numerous parts of the area, along with language to restrict the
sale to non-profit organizations.
Mayor Pro Tern Villegas encourages both parties to work together.
Councilmember Sarmiento requested to include reversion clause language as a friendly
amendment.
Mayor Pulido indicated the reversion clause would be a beneficial friendly amendment
to the original motion; however, it should not discourage a potential partnership. Also,
spoke to the importance of effective non -profits that provide a benefit to society and
many different ways and enhance the community overall. Thus, spoke to the earlier
direction that provided to City Manager to include a clause to restrict non -profits is not
the intention.
Councilmember Penaloza clarified his earlier statement and requested that the
development benefit the city.
Mayor Pulido encourages both parties work together, reiterated that parking is essential,
encourages less than 180 days to complete the project, and assist in locating other
homes that possibly might work for Relampago Del Cielo.
DRAFT CITY COUNCIL MINUTES 13 September 3, 2019
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Councilmember Solorio motioned to adopt as amended, seconded by Councilmember
Iglesias.
MOTION: Councilmember
Solorio
VOTE: AYES:
NOES
ABSTAIN:
REPORTS
SECOND: Councilmember Iglesias
Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
None (0)
None (0)
None (0)
65A. BOARDS AND COMMISSIONS MEMBERS {STRATEGIC PLAN NO. 5, 1) - Clerk
of the Council Office
MOTION: To approve all members listed as serving expired terms for Ward 4 with the
exception of Youth Commission.
Councilmember Iglesias motioned to approve recommendation, seconded by Mayor Pro
Tern Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Iglesias
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza (4)
NOES: Councilmember Sarmiento, Councilmember
Solorio (2)
ABSTAIN: None (0)
ABSENT: None (0)
City Attorney Sonia Carlvalho asked to confer with Clerk of the Council Daisy Gomez
regarding Item 65A.
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1OC-14
City Manager Kristine Ridge would like council to clarify and retake vote on Item 65A.
MOTION: To adopt as amended to to revote on removal of all members serving for
Ward 4 including post 2018 General Election appointment with the exception of Youth
Commission, board vacancies, and appointees with expired terms.
Councilmember Iglesias motioned to adopt as amended, seconded by Mayor Pro Tern
Villegas.
MOTION: Councilmember
Iglesias
VOTE: AYES:
I.IQNK!
ABSTAIN:
PUBLIC HEARINGS
SECOND: Mayor Pro Tern Villegas
Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza (4)
Councilmember Sarmiento, Councilmember
Solorio (2)
None (0)
None (0)
75A. PUBLIC HEARING - CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT {STRATEGIC PLAN NO 4, 1) — Community Development
Agency Community Redevelopment and Housing Commission approved
recommended action on August 14, 2019 by a vote of 7-0 (Frazier and Tardif
absent). Legal Notice published in The Register on August 18, 2019.
Seeing no one wishing to speak, Mayor Pulido opened and closed the public hearing at
8:04 p.m.
MOTION: Authorize the submission of the Consolidated Annual Performance and
Evaluation Report to the U. S. Department of Housing and Urban Development.
Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Solorio
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Solorio (5)
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NOES: None (0)
ABSTAIN: None (0)
ABSENT: Councilmember Sarmiento (1)
75B. PUBLIC HEARING — RECOVERY OF COSTS AND EXPENDITURES IN AN
AMOUNT OF $76,948.60 INCURRED BY THE CITY FOR WEED AND TRASH
ABATEMENT WITHIN RAILROAD RIGHT-OF-WAYS IN THE CITY {STRATEGIC
PLAN NO. 5, 4E) — Planning and Building Agency Legal Notice published in the
Orange County Reporter on August 23, 2019 and notices mailed on August 22, 2019.
Mayor Pulido opened the public hearing at 8:07 p.m.
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Lupe C. Valdez spoke in support of the item.
Mayor Pulido closed the public hearing at 8:11 p.m.
MOTION: Adopt RESOLUTION NO. 2019-076 ENTITLED: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS
AND EXPENDITURES INCURRED BY THE CITY FOR WEED, RUBBISH, AND
GARBAGE ABATEMENT WITHIN UNION PACIFIC RAILROAD COMPANY
RIGHT OF WAY WITHIN THE CITY; AND, MAKING, CONFIRMING, AND
LEVYING ASSESSMENTS FOR SUCH COSTS
Councilmember Iglesias motioned to adopt, seconded by Mayor Pro Tern Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Iglesias
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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75C. PUBLIC HEARING -ANNEXATION NO. 2018-01 TO ADOPT A COOPERATIVE
AGREEMENT BETWEEN THE CITY AND COUNTY OF ORANGE IN AN AMOUNT OF
$711,814, AUTHORIZE STAFF TO SUBMIT AN ANNEXATION APPLICATION TO THE
ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION, APPROVING A
PROPERTY TAX EXCHANGE AGREEMENT WITH THE COUNTY OF ORANGE,
APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT
APPLICATION NO. 2018-07, AUTHORIZING A WATER SERVICE AGREEMENT
WITH THE CITY OF TUSTIN AND APPROVING A CHANGE IN WARD 3
BOUNDARIES FOR THE ANNEXATION OF A 24.78-ACRE COUNTY ISLAND AT
THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE -
CITY OF SANTA ANA APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and
Building Agency Legal Notice published in the Orange County Reporter on August
23, 2019 and August 30, 2019 and notices mailed on August 22, 2019.
Mayor Pulido opened the public hearing at 8:15 p.m.
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Alan Rice spoke in opposition to the item.
Peter Whittingham spoke in support of the item. Mayor Pulido closed the public hearing
at 8:19 p.m.
MOTION:
1. Approve the CEQA determination of a Categorical
Exemption (Class 19) for the proposed County island
annexation.
2. Adopt a RESOLUTION NO. 2019-077 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING ANNEXATION
NO. 2018-01, THE DETACHMENT FROM THE
MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY, AND AUTHORIZING THE SUBMITTAL OF
A PROJECT APPLICATION FORM TO THE
ORANGE COUNTY LOCAL AGENCY FORMATION
COMMISSION FOR A 24.78-ACRE COUNTY
ISLAND GENERALLY LOCATED AT THE
NORTHEAST CORNER OF SEVENTEENTH
STREET AND TUSTIN AVENUE
3. Authorize execution of a Cooperative Agreement
between the City and the County of Orange for the
acceptance of one-time funds in the amount of
$711,814 and to allow the County to continue to
process active development projects within the
annexation area (Agreement No. A-2019-156).
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4. Adopt RESOLUTION NO. 2019-078 ENTITLED: A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING A PROPERTY
TAX EXCHANGE AGREEMENT WITH THE
COUNTY OF ORANGE FOR THE 24.78-ACRE
COUNTY ISLAND GENERALLY LOCATED AT THE
NORTHEAST CORNER OF SEVENTEENTH
STREET AND TUSTIN AVENUE TO BE DETACHED
FROM THE COUNTY OF ORANGE AND ANNEXED
TO THE CITY OF SANTA ANA
5. Adopt RESOLUTION NO. 2019-079 ENTITLED: A
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING GENERAL
PLAN AMENDMENT NO. 2018-04 FOR THE
PROPOSED ANNEXATION OF A COUNTY ISLAND
GENERALLY LOCATED AT THE NORTHEAST
CORNER OF SEVENTEENTH STREET AND
TUSTIN AVENUE
6. Place ordinance on first reading and authorize
publication of title. ORDINANCE NO. NS-
2974 ENTITLED: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA
APPROVING AMENDMENT APPLICATION NO.
2018-07 PRE -ZONING THE PROPERTIES
LOCATED WITHIN AN UNINCORPORATED
COUNTY ISLAND PROPOSED FOR ANNEXATION
GENERALLY LOCATED AT THE NORTHEAST
CORNER OF SEVENTEENTH STREET AND
TUSTIN AVENUE
7. Authorize execution of a Water Service Agreement
between the City of Santa Ana and the City of Tustin
(Agreement No. A-2019-157).
8. Place ordinance on first reading and authorize
publication of title. (Requires five affirmative votes).
ORDINANCE NO. NS-2975 ENTITLED: 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
Councilmember Solorio motioned to approve, seconded by Councilmember Iglesias.
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MOTION: Councilmember SECOND: Councilmember Iglesias
Solorio
VOTE: AYES: Mayor Pulido, Councilmember Iglesias,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Mayor Pro Tern Villegas (1)
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. Only action available to City Council is to provide
direction to City Manager.
85A. DISCUSS AND DIRECT THE CITY MANAGER TO DIRECT STAFF TO
PROMINENTLY DISPLAY "IN GOD WE TRUST" AND THE CITY SEAL IN THE CITY
COUNCIL CHAMBERS — Councilmember Iglesias
PUBLIC COMMENT
Alberta Christy spoke in support of the item.
Gisela Contreras spoke in support the item.
Everlena Oliver spoke in support of the item.
Melissa Jones spoke in support of the item.
Ann Coil spoke in support of the item.
Gale Oliver Jr. spoke in support of the item.
Brenda Lebsack spoke in support of the item.
Daniel De Leon spoke in support of the item.
Rosie Avila spoke in support of the item.
Councilmember Iglesias directed City Manager Kristine Ridge to explore the formation
of an advisory group comprised of residents, non-profit organization, Chamber of
Commerce and others to help advice in the city's efforts in addressing the homeless.
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City Manager Kristine Ridge informed council that staff would return back to council with
samples for council to review and approve on a final design.
Councilmember Penaloza and Councilmember Solorio provided direction to staff to
research other cities and institutions have in their chamber.
Councilmember Sarmiento requested research on potential legal challenges to be
presented to council.
85B. DISCUSS AND DIRECT THE CITY MANAGER TO RETURN TO THE CITY
COUNCIL WITH OPTIONS FOR A COMMUNITY ADVISORY GROUP TO PROVIDE
RECOMMENDATIONS FOR ADDRESSING HOMELESSNESS — Councilmember
Iglesias
City Manager to provide additional options outside of City services to creatively have
additional services.
COMMENTS
There were no public comments on non -agenda items made.
90A. CITY MANAGER'S COMMENTS
City Manager Ridge provided brief announcements.
90B. CITY COUNCILMEMBER COMMENTS
Council Member Solorio made community announcements.
Council Member Penaloza made community announcements.
Council Member Iglesias made community announcements.
Council Member Sarmiento made community announcements.
Mayor Pro Tern Villegas made community announcements; and requested that naming
of skate park after Pat McGuigan, Council Member Solorio and Mayor Pulido concurred.
Mayor Pulido requested flowers and a copy of the video of Council meeting be sent to
the family.
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ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
September 17, 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.
Mayor Pulido adjourned the meeting in Memory of Pat McGuigan at 9 p.m.
Daisy Gomez, Clerk of the Council
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