HomeMy WebLinkAbout2019-10-15 RegularFINAL MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
October 15, 2019
SPECIAL AND REGULAR CLOSED SESSION MEETING
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido called the meeting to order at 5:17 p.m. and quorum established with the
presence of Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio; and Councilmember Iglesias joined at 5:36 p.m. City
Attorney Sonia Carvalho announced that both the Regular Closed Session and Special
Closed Session meeting will be held concurrently.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
Ward 4 is currently vacant, as of March 1, 2019
PUBLIC COMMENTS - None
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 5:17 p.m. to discuss Closed Session
Items 1-4 as listed on the agenda:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
1. Laura and John Franks v. City of Santa Ana, Orange County
Superior Court, Case No. 30-2019-01051892-CU-OE-CJC
CITY COUNCIL MINUTES 1 October 15, 2019
2. OCCORD v City of Santa Ana, Orange County Superior Court,
Case No. 30-2019-01070617
3. OCCORD v City of Garden Grove, City of Santa Ana, et al., Orange
County Superior Court, Case No. 30-2019-01102770
4. Martha Zapien et al v. City of Santa Ana, et al, Orange County
Superior Court, Case No. 30-2017-00952971
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)
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 Regular Closed Session and Special Closed Session at
6:11 p.m.
CITY COUNCIL MINUTES 2 October 15, 2019
REGULAR OPEN MEETING
Mayor Pulido called the Regular Open Session to order at 6:16 p.m.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
Ward 4 is vacant as of Friday, March 1, 2019.
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - BOB BARNETT, POLICE CHAPLAIN
Mayor Pulido announced that Items 75B and 75C will be taken out of order.
CEREMONIAL PRESENTATIONS
1. PROCLAMATION presented by MAYOR PULIDO naming October
20 through October 26, 2019 as Childhood Lead Poisoning
Prevention Week.
2. PROCLAMATION presented by MAYOR PRO TEM VILLEGAS
naming October as Domestic Violence Awareness Month.
3. PROCLAMATION presented by COUNCILMEMBER IGLESIAS
naming October 6 through October 12, 2019 as Fire Prevention
Week.
4. PROCLAMATION presented by COUNCILMEMBER PENALOZA
naming September 15 through October 15, 2019 as Hispanic
Heritage Month.
5. CERTIFICATE OF RECOGNITION presented by
COUNCILMEMBER SARMIENTO recognizing Frankie Gonzalez
and Carlos Quezada for their Outstanding Contributions to the
Community.
CITY COUNCIL MINUTES 3 October 15, 2019
6. PROCLAMATION presented by COUNCILMEMBER SOLORIO
recognizing the 2019-2020 Water Year.
ITEMS 75B AND 75C CONSIDERED OUT OF ORDER BEFORE CLOSED SESSION.
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CLOSED SESSION REPORT — See Agenda Item 19A for Closed Session Report.
ITEM 10A CONSIDERED OUT OF ORDER BEFORE PUBLIC COMMENTS.
PUBLIC COMMENTS — See Item 11A.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent
Calendar items: Items 10A through 25D.
Mayor Pro Tern Villegas motioned to approve consent calendar items 10A through 25D
with the exception of 10A, 11A, 21A, 25B, 25D, seconded by Mayor Pulido.
MOTION: Mayor Pro SECOND: Mayor Pulido
Tern
Villegas
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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MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 3, 2019
{STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
CITY COUNCIL MINUTES 4 October 15, 2019
MOTION:
1. Provided opportunity for Mayor and Councilmembers who have previously
abstained from voting on Cannabis matters to clarify their votes on the
second reading of an ordinance where they abstained. (Item numbers 11A
and 11 B of the September 3, 2019 minutes)
2. Approved minutes as clarified.
Mayor Pro Tern Villegas motioned to approve September 3, 2019 minutes with the
following clarifications on Items 11A and 11B: 1) Mayor Pulido, abstained; 2)
Councilmember Iglesias, dissented, seconded by Councilmember Solorio.
MOTION: Mayor Pro SECOND: Councilmember Solorio
Tern
Villegas
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)
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-2976 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 ARTICLE I (IN GENERAL)
DIVISION 1 (DEFINITIONS) TO ADD SECTION 36-19 (OVERSIZED VEHICLE); TO
ADD SECTION 36-20 (RECREATIONAL VEHICLE); TO ADD SECTION 36-21 (NON -
MOTORIZED VEHICLE); TO ADD SECTION 36-22 (PARK ROAD); TO ADD SECTION
36-23 (PARKING, PARK OR PARKED); AMENDING CHAPTER 36 ARTICLE IV
(PARKING REGULATIONS) TO ADD SECTION 36-149 (PROHIBITION OF PARKING
OF OVERSIZED VEHICLES, NON -MOTORIZED VEHICLES, AND RECREATIONAL
VEHICLES); TO ADD SECTION 36-150 (EXCEPTIONS TO PROHIBITION ON
PARKING OF OVERSIZED VEHICLES, NON -MOTORIZED VEHICLES, AND
RECREATIONAL VEHICLES); TO ADD SECTION 36-151 (NOTICE); TO ADD
SECTION 36-152 (ENFORCEMENT REMEDIES); TO ADD SECTION 36-153 (PERMIT
PROCESS FOR TEMPORARY OVERNIGHT PARKING ON PUBLIC STREETS)
{STRATEGIC PLAN NO. 5, 4) - Police Department.
CITY COUNCIL MINUTES 5 October 15, 2019
Placed on first reading at the October 1, 2019 City Council meeting and approved by
a vote of 4-0 (Pulido absent and Sarmiento abstained). Published in the Orange County
Reporter on October 4, 2019.
MOTION: Consider adoption of the Ordinance for the Second Reading of the Oversized
Vehicle Ordinance:1. Adopt with the misdemeanor penalty as originally proposed in the
First Reading of the Ordinance,OR2. Alternatively adopt without the misdemeanor
penalty as amended by the City Council in the First Reading of the Ordinance.
PUBLIC COMMENT - Ugochi Anaebere Nicholson spoke in opposition of the item.
City Attorney Sonia Carvalho addressed the council regarding the misdemeanor penalty.
Mayor Pro Tem Villegas motioned to approve Option 1, seconded by Councilmember
Penaloza.
Councilmember Solorio spoke in support of the item without misdemeanor penalty.
Councilmember Sarmiento in support of the item without the misdemeanor penalty.
Directed staff to review elections code as it relates to recognizing a vehicle as a home
residence.
Mayor Pro Tem Villegas motioned to adopt ORDINANCE NO. 2976 for the Second Reading
of the Oversized Vehicle Ordinance with the misdemeanor penalty as originally proposed,
seconded by Councilmember Penaloza.
MOTION: Mayor Pro SECOND: Councilmember Penaloza
Tem
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas,
Councilmember Iglesias, Councilmember
Penaloza (4)
NOES: Councilmember Sarmiento, Councilmember
Solorio (2)
ABSTAIN: None (0)
ABSENT: None (0)
11B. ADOPT ORDINANCE NO. NS-2977 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-45, 41-198.200, 41-365,
41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE PROHIBITING CYBER CAFÉS AS A PERMITTED USE CITYWIDE
CITY COUNCIL MINUTES 6 October 15, 2019
{STRATEGIC PLAN NO. 5, 11 — Planning and Building Agency. Placed on first
reading at the October 1, 2019 City Council meeting and approved by a vote of 6-0.
Published in the Orange County Reporter on October 4, 2019.
MOT/ON: Place ordinance on second reading and adopt.
This Consent — Motion was approved.
BOARDS / COMMISSIONS / COMMITTEES
13A. NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVE TO
THE ARTS AND CULTURE COMMISSION FOR A FULL TERM EXPIRING
DECEMBER 8, 2020 — Clerk of the Council Office
MOT/ON: Appoint Ann Avery Andres to the Arts and Culture Commission as the Mayoral
representative.
This Consent — Motion was approved.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
No reportable action; and direction given to staff.
19B. EXCUSED ABSENCES — Clerk of the Council Office
20A. APPROVE APPROPRIATION ADJUSTMENTS, AMEND THE FY 2019-20
CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION
CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,663,906, FOR
THE EDINGER PROTECTED BIKE LANES PROJECT WITH AN ESTIMATED TOTAL
COST OF $2,013,960 (PROJECT NO 17-6885) {STRATEGIC PLAN NOS. 6, 1 G) -
Public Works Agency
MOTION:
1. Approve appropriation adjustments. (Requires five affirmative votes).
1a.APPROPRIATION ADJUSTMENT NO. 2020-043 - To spend $89,960 from
prior year fund balance in the Water Utility Capital Projects, Water Capital
CITY COUNCIL MINUTES 7 October 15, 2019
Project expenditure account, to pay for water service relocation work
necessitated by this project.
1 b.APPROPRIATION ADJUSTMENT NO. 2020-047 — Recognizing $412,700 in
Active Transportation Program grant funding from the Traffic System
Management Grant fund and appropriate the same amount to the Active
Transportation Program, Improvements Other Than Buildings account.
Approve an amendment to the Fiscal Year 2019-20 Capital Improvement
Program Edinger Avenue Protected Bike Lanes Project to include additional
construction funds in the amount of $89,960.
3. Award a contract to All American Asphalt, the lowest responsible bidder, in
accordance with the base bid plus Additive Alternatives 1, 2, 3, and 4, in the
amount of $1,663,906, for construction of the Edinger Protected Bike Lanes
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.
4. Approve the Project Cost Analysis for a total estimated construction delivery
cost of $2,013,960, which includes $1,663,906 for the construction contract;
$261,377 for contract administration, inspection and testing; and an $88,677
project contingency (approximately 5.3% of the construction contract
amount).
This Consent — Motion was approved.
GRANTS/APPLICATIONS
21A. APPROVE THE NON-PROFIT COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION PROCESS FOR FISCAL YEARS 2020 — 2022 {STRATEGIC PLAN NO.
5, 1) — Community Development Agency. Community Redevelopment and Housing
Commission approved recommended action on September 25, 2019 by a vote of 6-0.
AMENDED MOT/ON: Approve the non-profit Community Development Block Grant
application and scoring criteria for Fiscal Years 2020 — 2022; and incorporate monitoring
of outcomes and expectations of awarded grants, seconded by Councilmember Iglesias..
Councilmember Iglesias directed staff to introduce review once a grant is awarded to
measure outcome.
City Manager Kristine Ridge referenced the ad hoc's third recommended action in which
firm outcomes and expectations can be included to be monitored.
CITY COUNCIL MINUTES 8 October 15, 2019
Councilmember Solorio noted that an accountability provision already exits as part of the
process; however, is in support of the amendment.
Mayor Pro Tern Villegas motioned to adopt as amended to approve the non-profit
Community Development Block Grant application and scoring criteria for Fiscal Years
2020 - 2022; and incorporate monitoring of outcomes and expectations of awarded
grants, seconded by Councilmember Iglesias.
MOTION: Mayor Pro SECOND: Councilmember Iglesias
Tern
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Iglesias, Councilmember
Penaloza, Councilmember Solorio (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Councilmember Sarmiento (1)
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD A BLANKET ORDER CONTRACT IN THE AMOUNT OF $150,000 TO
HACH COMPANY FOR WATER QUALITY TESTING SUPPLIES (SPECIFICATION
NO. 19-076) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 5,21 - Finance and
Management Services Agency; and Public Works Agency
MOT/ON: Award a blanket order contract to Hach Company for miscellaneous water
quality testing supplies, materials, and equipment, for a one-year period beginning
October 15, 2019, and expiring October 14, 2020, with provisions for two one-year
renewals exercisable by the City Manager, in an annual amount of $50,000, for a total
amount not to exceed $150,000, subject to non -substantive changes approved by the
City Manager and City Attorney.
This Consent - Motion was approved.
PROJECTS/CHANGE ORDERS
23A. APPROVE AN AMENDMENT TO THE FY 2019-20 CAPITAL IMPROVEMENT
PROGRAM AND AWARD A CONSTRUCTION CONTRACT TO LEONIDA BUILDER,
INC., IN THE AMOUNT OF $1,427,850 FOR THE CENTENNIAL PARK WALKWAY
AND LIGHTING IMPROVEMENTS PROJECT, WITH A TOTAL DELIVERY COST OF
$1,828,088 (PROJECT NOS. 18-7529 & 18-7528) (GRANT FUNDED) {STRATEGIC
CITY COUNCIL MINUTES 9 October 15, 2019
PLAN NO. 6, 1 G) - Public Works Agency; Community Development Agency; and Parks,
Recreation and Community Services Agency
MOTION:
1. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement
Program Centennial Park Walkway Project to include additional Community
Development Block Grant funds in the amount of $150,000.
Award a construction contract to Leonida Builder, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$1,427,850, for the term beginning upon execution of the contract and
ending upon project completion, for construction of the Centennial Park
Walkway and Lighting Improvements Project, 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 $1,828,088, which includes $1,427,850 for the construction
contract, $214,178 for contract administration, inspection and testing, and a
$186,060 project contingency (approximately 13% of the construction
contract amount) using Community Development Block Grant (CDBG)
funds.
This Consent — Motion was approved.
AGREEMENTS
25A. APPROVE A DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT WITH
SANTA ANA PACIFIC ASSOCIATES AND SANTA ANA PACIFIC ASSOCIATES II TO
DEFER THE PAYMENT OF THE DEVELOPMENT IMPACT FEES (APPROXIMATELY
$4,121,987) FOR THE PROPERTY LOCATED AT 2110, 2114 AND 2020 EAST FIRST
STREET {STRATEGIC PLAN NOS. 5, 31 - Community Development Agency and Public
Works Agency
MOTION: Authorize the City Manager to execute a Development Impact Fee Deferral
Agreement with Santa Ana Pacific Associates and Santa Ana Pacific Associates II (the
"Owner") to defer approximately $4,121,987 of the development impact fees for the
development of a 552-unit affordable rental project at 2110, 2114 and 2020 East First
Street, subject to non -substantive changes approved by the City Manager and City
Attorney. The calculation of the final fee amount to be deferred will be determined at the
time of issuance of the certificate of occupancy (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-189 was approved.
CITY COUNCIL MINUTES 10 October 15, 2019
25B. APPROVE AGREEMENT WITH ALLIED UNIVERSAL JANITORIAL SERVICES
FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES IN AN AMOUNT NOT
TO EXCEED $4,140,371 {STRATEGIC PLAN NO. 6, 1C) — Public Works Agency and
Library Department
MOTION: Authorize the City Manager to execute an agreement with Allied Universal
Janitorial Services for the three-year period beginning November 1, 2019, and expiring on
October 31, 2022, with a provision for two, one-year renewal options exercisable by the
City Manager and City Attorney, in the amount of $3,975,371 with a $165,000
contingency, for a total amount not to exceed $4,140,371, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX).
Councilmember Penaloza supportive of pursuing a Request for Proposal (RFP) process.
Councilmember Solorio motioned to approve item 2513- Agreement No. A-2019-190,
seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
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)
25C. APPROVE AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY FOR 2019 AMERICA'S WATER INFRASTRUCTURE ACT COMPLIANCE
ASSESSMENTS AND RESPONSE PLANS, IN AN AMOUNT NOT TO EXCEED
$145,405 (NONGENERAL FUND) {STRATEGIC PLAN NOS. 1, 2D & 7, 5F) — Public
Works Agency
MOTION: Authorize the City Manager to execute an agreement with the Municipal Water
District of Orange County for 2019 America's Water Infrastructure Act Compliance
Assessments and Response Plans, for the term commencing on October 15, 2019, with
an anticipated completion of November 21, 2021, in an amount not to exceed $145,405,
subject to non -substantive changes approved by the City Manager and the City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-191 was approved.
CITY COUNCIL MINUTES 11 October 15, 2019
25D. APPROVE AGREEMENT WITH PETRA SYSTEMS, INC. TO INSTALL AND
EVALUATE A SMART CONTROLLER/ WI-FI ACCESS PILOT PROJECT IN THE
DOWNTOWN AREA {STRATEGIC PLAN NO. 6, 1 C) — Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with Petra Systems, Inc.,
to implement a pilot project at no cost to the City, consisting of installing smart
controllers-Fi access points on City -owned safety lights mounted above traffic signals in
the Downtown Area, and evaluate the system's networking and Wi-Fi data accessibility
for a one-year period beginning October 16, 2019, and expiring on October 15, 2020,
with amended provision that after a year this item returns to council for further
consideration (Agreement No. A-2019-192).
Councilmember Penaloza directed staff to present all designs to City Manager before
approval and deployment.
Councilmember Penaloza motioned to approve item 25D- Agreement No. A-2019-192
with amended provision that after a year this item returns to council for further
consideration, seconded by Councilmember Iglesias.
MOTION: Councilmember SECOND: Councilmember Iglesias
Penaloza
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)
"END OF CONSENT CALENDAR"
ADMINISTER OATH OF OFFICE TO ANN AVERY ANDRES, ARTS AND CULTURE
COMMISSIONER:
Commissioner was not present.
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CITY COUNCIL MINUTES 12 October 15, 2019
RESOLUTIONS
55A. ADOPT A RESOLUTION DECLARING OCTOBER 27, 2019 CITY OF SANTA
ANA DAY IN CELEBRATION OF THE CITY'S 150TH ANNIVERSARY {STRATEGIC
PLAN NO. 51 — City Manager's Office
MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DECLARING OCTOBER 27, 2019, CITY OF SANTA ANA DAY IN
CELEBRATION OF THE CITY'S 150TH ANNIVERSARY
Councilmember Sarmiento requested naming the park for the day of the 150th
Celebration, "SesquiCentennial Park".
Councilmember Solorio motioned to adopt item 55A — Resolution No. 2019-091,
seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Solorio
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)
55B. ADOPT A RESOLUTION TO NEGOTIATE A COOPERATIVE AGREEMENT
WITH THE COUNTY OF ORANGE TO TRANSFER PROJECT AND GRANT
CONTRACT OBLIGATIONS FROM PROPOSITION 68 THE STATEWIDE PARK
DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM UPON
SUCCESSFUL COMPLETION OF THE FRIENDSHIP PARK AND SUSTAINABLE
TRAIL PROJECT {STRATEGIC PLAN NO. 6, 1)— Parks, Recreation and Community
Services Agency
MOTION: Adopt a resolution. RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF SANTA ANA APPROVING THE APPLICATION FOR STATEWIDE PARK
DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS
FOR THE FRIENDSHIP PARKAND SUSTAINABLE TRAIL PROJECT AND
AUTHORIZING THE CITY OF SANTA ANA TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE COUNTY OF ORANGE TO OPERATE AND MAINTAIN THE
PROJECT ONCE COMPLETED
CITY COUNCIL MINUTES 13 October 15, 2019
Councilmember Solorio motioned to adopt item 55B - Resolution No. 2019-092, seconded
by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Solorio
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)
55C. ADOPT A RESOLUTION AUTHORIZING GRANT APPLICATION SUBMISSION
IN AN AMOUNT UP TO $750,000 FOR THE WATERSMART DROUGHT RESPONSE
PROGRAM FOR THE WASHINGTON WELL PROJECT (NON -GENERAL FUND)
{STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency
MOT/ON: Adopt a resolution. 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 DROUGHT RESPONSE PROGRAM
FOR THE WASHINGTON AVENUE WELL PROJECT
Councilmember Sarmiento motioned to adopt item 55C - Resolution No. 2019-093,
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)
CITY COUNCIL MINUTES 14 October 15, 2019
55D. ADOPT RESOLUTIONS AND AUTHORIZE GRANT APPLICATION SUBMISSION
FOR ADVANCED METER INFRASTRUCTURE AND HYDROPOWER GENERATION
FROM THE DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION (NON -
GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) — Public Works Agency
MOTION: Adopt resolutions.
1. 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. 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 HYDROPOWER GENERATION
PROJECT
Councilmember Solorio motioned to adopt item 55D — Resolution Nos. 2019-094 and
2019-095, seconded by Councilmember Sarmiento.
MOTION: Councilmember SECOND: Councilmember Sarmiento
Solorio
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)
55E. ADOPT RESOLUTIONS AUTHORIZING APPLICATION AND REIMBURSEMENT
FOR DRINKING WATER STATE REVOLVING FUND CAPITAL PROJECT
FINANCING FOR THE ADVANCED METER INFRASTRUCTURE PROJECT (NON -
GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) — Public Works Agency
MOTION: Adopt resolutions.
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES
CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE PLANNING,
DESIGN, AND CONSTRUCTION OF THE AUTOMATED METER
INFRASTRUCTURE PROJECT
CITY COUNCIL MINUTES 15 October 15, 2019
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE
AUTOMATED METER INFRASTRUCTURE PROJECT FROM THE STATE
WATER RESOURCES CONTROL BOARD
Councilmember Sarmiento motioned to approve item 55E — Resolution Nos. 2019-096
and 2019-097, 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)
55F. ADOPT A RESOLUTION AUTHORIZING POLICE OFFICER GALEANA TO
PURCHASE A RETIRED SANTA ANA POLICE K-9 {STRATEGIC PLAN NO. 1,
3A) Santa Ana Police Department
MOTION:
1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN
POLICE OFFICER GALEANA AND THE CITY OF SANTA ANA RELATING
TO THE PURCHASE OF A POLICE K-9
2. Authorize the City Manager to execute a purchase agreement with Santa Ana
Police Officer Galeana for the sale of a retired Police K-9 in the amount of $1,
subject to non -substantive changes approved by the City Attorney and City
Manager (Agreement No. A-2019-XXX).
A brief video on Police Officer Galeana and Police K-9 Puskas was presented.
Councilmember Penaloza motioned to adopt item 55F — Resolution No. 2019-098 and
Agreement No. A-2019-193, seconded by Councilmember Sarmiento.
MOTION: Councilmember SECOND: Councilmember Sarmiento
Penaloza
VOTE: AYES: Mayor Pro Tern Villegas, Councilmember
Iglesias, Councilmember Penaloza,
CITY COUNCIL MINUTES 16 October 15, 2019
Councilmember Sarmiento, Councilmember
Solorio (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Mayor Pulido (1)
PUBLIC HEARINGS
75A. PUBLIC HEARING — APPEAL APPLICATION NO. 2019-03 FILED BY KARA
GRANT APPEALING THE DECISION OF THE PLANNING COMMISSION IN
APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO
VARIANCE NO. 2018-10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE
AND CONDITIONAL USE PERMIT NO. 2019-31 — Planning and Building
Agency. Planning Commission approved Conditional Use Permit (CUP) No. 2019-30,
amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and
Environmental Review No. 2019-69 on September 9, 2019 by a vote of 4-0 (Nguyen
absent) . Legal Notice published in the Orange County Reporter on October 4, 2019
and notices mailed on October 3, 2019.
MOTION: Adopt RESOLUTION NO. 2019-099 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-
03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO
APPROVE CONDITIONAL USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT
301 NORTH TUSTIN AVENUE, AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW
A REDUCED FRONT YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL USE
PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR OPERATION OF A CONVENIENCE
STORE AT 325 NORTH TUSTIN AVENUE AND ENVIRONMENTAL REVIEW NO. 2019-
69
Mayor Pro Tern Villegas opened the public hearing at 8:26 p.m.
Executive Director of Planning and Building Agency made a brief presentation.
PUBLIC COMMENT
Kara Grant, appellant, spoke in support of Appeal No. 2019-03.
Tom Kelly spoke in support development, concerned with current vagrancy and traffic
congestion and vehicle accidents.
Lorena spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Gloria spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
CITY COUNCIL MINUTES 17 October 15, 2019
Carmen spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Leti spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Graciela spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Vianey Ortiz spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Yoon Hee Choe spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Evan spoke in support of Appeal No. 2019-03, i.e. in opposition of car wash.
Mayor Pulido closed the public hearing at 9:10 p.m.
Mayor Pro Tern Villegas inquired about outreach and noticing of project.
Executive Director Minh Thai of Planning and Building Agency notified council that the
project was noticed in compliance with local and state law.
Mayor Pro Tern Villegas motioned to deny the appeal.
Applicant addressed City Council.
Mayor Pulido seconded the motion.
Councilmember Sarmiento inquired about the process and project history at the site.
Executive Director Minh Thai of Planning and Building Agency addressed council
regarding the change of direction of project.
Councilmember Iglesias expressed concerned with traffic congestion.
Public Works Agency City Engineer, William Galvez spoke regarding peak hour traffic on
street and peak hour trip generation of the business.
Councilmember Iglesias inquired if a study was performed on the impact of surroundings
businesses.
Executive Director Minh Thai of Planning and Building Agency spoke regarding Planning
Commission's review of the compatibility of project with the surrounding land use.
Councilmember Solorio spoke in support of continuing item for two to four weeks.
City Attorney Sonia Carvalho provided options to Council.
Applicant, Russell Fischer, addressed the council.
CITY COUNCIL MINUTES 18 October 15, 2019
Mayor Pulido spoke in support of project.
Councilmember Sarmiento inquired about policy of consultant referrals.
City Attorney Sonia Carvalho addressed council regarding city's policy as to conditions of
approval, which require the applicant to defend and indemnify the city in the event of a
challenge.
Councilmember Sarmiento spoke in support of item as long as applicant indemnifies the
City.
Councilmember Solorio spoke in support of item.
Executive Director Minh Thai of Planning and Building Agency confirmed
written indemnification.
Mayor Pro Tern Villegas motioned to adopt item 75A — Resolution No. 2019-099,
seconded by Mayor Pulido.
MOTION: Mayor Pro SECOND: Mayor Pulido
Tern
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio (5)
NOES: Councilmember Iglesias (1)
ABSTAIN
ABSENT:
None (0)
None (0)
City Attorney Sonia Carvalho reflected for the record that all the information presented
by staff tonight including the documentation of how they added additional CEQA
determinations is to be included in the record.
ITEMS 75B AND 75C WERE CONSIDERED PRIOR TO CONSENTCALENDAR ITEMS
AND TOGETHER.
Mayor Pulido opened the public hearing for Item 75C at 6:58 p.m.
Public Comments for Items 75B and 75C were considered together.
PUBLIC COMMENTS
CITY COUNCIL MINUTES 19 October 15, 2019
Claudia Alvarez spoke in support of the item.
President of Santa Ana College Dr. Linda Rose spoke in support of the item.
Leslie Sanchez spoke in support of the item.
Theodore Moreno spoke in support of the item
Chancellor of the Rancho Santiago Community College District (RSCCD) Marvin
Martinez spoke in support of the item.
Evelyn Torres spoke in support of the item.
Chancellor Martinez addressed the Council regarding the bond.
Chris Schmidt expressed concern with the process.
Debra Cisneros expressed concern as to unsafe park conditions during construction.
Ivete Aguilar spoke in opposition to the item.
Claudio Gallegos spoke in support of the item.
Lesly Poblete spoke in support of skate element.
Maria Rubalcava spoke in support of skate parks.
Mayor Pulido closed the Public Hearing at 7:43 p.m.
COUNCIL DISCUSSION ENSUED
Councilmember Solorio spoke in support of both items. Recommended use of
promotional signage. Directed staff to review potential of pool services.
Councilmember Penaloza spoke in support of item. Directed staff to ensure partnership
is well defined to allow for facility use by community.
Councilmember Iglesias unsupportive of any tax increase and of the item as presented.
Councilmember Sarmiento spoke in support of item.
City Manager Kristine Ridge spoke as to how the term of the agreement was determined.
Mayor Pro Tern Villegas spoke in support of the item.
Mayor Pulido spoke in support of the item.
CITY COUNCIL MINUTES 20 October 15, 2019
75B. APPROVE A GROUND LEASE AGREEMENT IN SUBSTANTIAL FORM WITH
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR A PORTION OF
CENTENNIAL PARK KNOWN AS THE SANTA ANA COLLEGE -SCHOOL OF
CONTINUING EDUCATION {STRATEGIC PLAN NO. 5, 4A) — Parks, Recreation and
Community Services Agency
MOTION: Authorize the City Manager to execute a ground lease agreement in
substantial form between the City of Santa Ana and Rancho Santiago Community
College District for continued use of a portion of Centennial Park for the Santa Ana
College -School of Continuing Education for a period of 85 years from October 16, 2019 to
October 15, 2104, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. A-2019-188).
75C. PUBLIC HEARING: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVE
SUBMITTAL OF THE CENTENNIAL PARK/RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT PARK REPLACEMENT PROJECT STUDY TO THE NATIONAL
PARK SERVICE {STRATEGIC PLAN NO. 5, 4A) - Parks, Recreation and Community
Services Agency and Planning and Building Agency
MOTION:
1. Adopt RESOLUTION NO. 2019-090 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED
NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE CENTENNIAL PARK/SANTAANA
COLLEGE PARK REPLACEMENT PROJECT AND THE SUBMITTAL OF
THE CENTENNIAL PARK/RANCHO SANTIAGO COMMUNITY COLLEGE
DISTRICT PARK REPLACEMENT PARK PROJECT STUDY TO THE
NATIONAL PARK SERVICE
2. Approve submittal of the Centennial Park/Rancho Santiago Community
College District Park Replacement Park Project study to the National Park
Service.
Councilmember Solorio motioned to adopt item 75B — Agreement No. A-2019-188 and
item 75C-1 AND 2 - Resolution No. 2019-090, seconded by Mayor Pro Tern Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Solorio
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio (5)
NOES: Councilmember Iglesias (1)
CITY COUNCIL MINUTES 21 October 15, 2019
ABSTAIN: None (0)
ABSENT: None (0)
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 CONSIDER DIRECTING CITY MANAGER TO BEGIN
DISCUSSIONS REGARDING HOW TO ALLOCATE FY 2020/21 MEASURE X FUNDS,
INCLUDING INCREASING PERCENTAGE OF REVENUE TO BE USED FOR
ADDRESSING THE CITY'S HOMELESSNESS CRISIS AND REDUCING 911
RESPONSE TIMES. ALSO DISCUSS AND CLARIFY WHETHER OR NOT MEASURE
X FUNDS WILL BE USED TO FUND EMPLOYEE SALARIES, GENERAL PAY
RAISES, AND PERFORMANCE MERIT PAY RAISES - Councilmember Solorio
Councilmember Solorio directed City Manager and City Attorney to coordinate
response regarding use Measure X funds; and requested that council, community and
staff find ways next year to dedicate more resources in addressing homelessness crisis
and reducing 911 response times.
PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to
Basic City Council Meeting Information page for details).
PUBLIC COMMENTS
Jim Carson spoke regarding the concern of ongoing prostitution on Harbor and Hazard
Avenue.
Dale Helvig spoke regarding ongoing cleanup efforts, Measure X funds, and current City
grievance process.
Mayor Pulido left the meeting at 9:41 p.m.
Lizzie M. Lyles spoke regarding parking concerns and requested solutions.
Magda Trujillo spoke regarding a pedestrian struck by a vehicle on the corner of Bishop
and Maple along with history of accidents at said intersection in addition to bike trail
safety.
Velia Regalado spoke regarding a pedestrian struck by a vehicle on the corner of Bishop
and Maple.
CITY COUNCIL MINUTES 22 October 15, 2019
Victor Payan spoke regarding upcoming OC Film Fiesta event and encouraged all to
attend.
Chris Schmidt spoke regarding roles and responsibilities of Commissioners and ongoing
safety at library.
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City Manager spoke on oncoming city events.
90B. CITY COUNCILMEMBER COMMENTS
1. AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the
time for members of the Council to provide a brief oral report on attendance of
any regional board or commission meeting or any conference, meeting or event
attended: October 7-10, 2019 Mayor Pro Tern Villegas — Legislative
Meetings, Washington, D.C.
2. ORAL REPORTS FROM STANDING OR AD -HOC CITY COUNCIL
COMMITTEES
Councilmember Penaloza provided a brief report and made announcements.
Councilmember Solorio provided a brief report and made announcements.
Councilmember Penaloza left meeting at 10 p.m.
Councilmember Iglesias provided a brief report and made announcements.
Councilmember Sarmiento provided a brief report and made announcements.
Mayor Pro Tern Villegas provided a brief report and made announcements.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
November 5, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by
the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic
Center Plaza. Santa Ana. California.
Mayor Pro Tern Villegas adjourned the meeting in at 10:14 p.m.
Daisy Gomez,
Clerk of the Council
CITY COUNCIL MINUTES 23 October 15, 2019