HomeMy WebLinkAbout2020-09-15 Regular
FINAL MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
September 15, 2020
CLOSED SESSION MEETING
5:00 P.M.
CALL TO ORDER - Mayor PULIDO
Mayor Pulido called the Closed Session meeting to order at 5:04 p.m. Councilmember
Mendoza joined the meeting at 5:10 p.m.
Mayor Pulido, Mayor Pro Tem Villegas and Councilmembers Bacerra, Mendoza,
Penaloza, Sarmiento, and Solorio present.
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:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
1A. Santa Ana Citizens for Responsible Development v. City of Santa Ana, et
al., Orange County Superior Court Case No. 30-2019-01119794-CU-WM-
CXC
1B. AC2525 Main, LLC, et al v. City of Santa Ana, et al., Orange County
Superior Court, Case No. 30-2020-01137879-CU-WM-CXC
1C. Santa Ana Needs Equity, et al v. City of Santa Ana, et al., Orange County
Superior Court, Case No. 30-2019-01113224-CU-WM-CXC
1D. Ross Berrera, et al. v. City of Santa Ana, Orange County Superior Court
Case No.: 30-2015-00771129-CU-WM-CJC
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
CITY COUNCIL MINUTES 1 SEPTEMBER 15, 2020
Address of Property: APN # 398-264-13; 201 W. 3rd Street; 62,243 sq. ft. (1.43
acres)
Negotiators: City Manager Kristine Ridge, Acting Assistant City Manager Steven
Mendoza
Negotiating with: Caribou Industries
Terms: Conditions of the potential development and sale of city-owned property
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 meeting at 6:40 p.m. and convened to the
Regular Open Session.
CITY COUNCIL MINUTES 2 SEPTEMBER 15, 2020
REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session
Meeting)
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido called the Regular Open Session meeting to order at 6:44 p.m.
Mayor Pulido, Mayor Pro Tem Villegas and Councilmembers Bacerra, Mendoza,
Penaloza, Sarmiento, and Solorio present.
COUNCILMEMBERS Absent: None.
Clerk of the Council Daisy Gomez provided instructions on providing public comment.
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - DAVE MITCHELL, POLICE CHAPLAIN
Mayor Pulido announced that Item 60D is pulled and is continued for two weeks at the
request of staff.
CEREMONIAL PRESENTATIONS
1. PROCLAMATION presented by COUNCILMEMBER PENALOZA naming
September as Hispanic Heritage Month.
CLOSED SESSION REPORT - The City Attorney will report items to be added to
Consent Calendar Item 19A from the Closed Session meeting.
City Attorney reported out at the end of the Public Comment Section.
PUBLIC COMMENTS
Clerk of the Council Daisy Gomez reported out on eComments received.
Johnathan Mayer, Senior Manager with Main Place Mall, Santa Ana Chamber of
Commerce Board Director, and co-chair of Santa Ana's Economic Council, spoke in
support of Item 12A, noted the value of establishing the district for a citywide benefit, and
allow a conduit to highlight all the reasons to visit Santa Ana.
Dave Elliot, President and Chief Executive Officer of Santa Ana Chamber of Commerce,
spoke in support of Item 12A and echoed Johnathan Mayer's comments.
CITY COUNCIL MINUTES 3 SEPTEMBER 15, 2020
Evan Grant spoke regarding Closed Session Item 1A regarding indemnification and other
topics.
Carl Benninger provided a reminder regarding the upcoming Candidate's forum.
Dale Helvig spoke regarding information presented for Item 60A, expressed concern with
the airplane noise, and the deficiency in park plan and encouraged a requirement to have
park space included in projects as designated in the general plan. Lastly, expressed
support for Item 12A and lastly encourages all to vote.
John Hannah representing the Southwest Regional Council of Carpenters spoke
regarding Item 60A, expressed support of the Bowery project, encouraged Council to
approve the item, and noted this project would provide revenue to the city.
Cory Davis with the Harm Reduction Legal Project in Los Angeles spoke in opposition to
Item 60B and asked council not to move forward with proposed ordinance that would ban
syringe exchange programs in Santa Ana.
Desi Reyes spoke in support of Item 60B, expressed concern with syringes found in parks
and urged council to vote in favor of the item.
Amy Beaverman spoke in opposition to Item 60B.
Rafik Wahbi spoke in opposition to Item 60B.
Jason Cure General Manager with Double Tree Hotel, spoke in support of Item 12A.
Juan Gonzalez spoke in opposition to Item 60C, Proposition 20 and expressed support
of a civilian oversight commission.
Manual Escamilla spoke regarding Item 65B, approves of the direction the city is moving
towards, and provided some observations to allow staff to address in more detail and
possibly make some changes.
An unidentified speaker spoke regarding the public comments process, expressed
concern with the priority of business over the well-being of the community, displacement
of families, and various other topics.
City Attorney reported out at the end of the Public Comment Section.
Item 65B taken out of order prior to Consent Calendar.
CITY COUNCIL MINUTES 4 SEPTEMBER 15, 2020
CONSENT CALENDAR
MOTION: Approve staff recommendations on the following Consent Calendar
items: Items 10A through 55C with the exception of 12A, 19C, 19D, and 20C. .
Motion to approve the Consent Calendar Items with the following modifications
Approve staff recommendations on the following Consent Calendar Items 10A through
55C with the exception of 12A, 19C, 19D, and 20C.
Mayor Pro Tem Villegas motioned to approve the consent calendar items with the
following modifications, seconded by Councilmember Bacerra.
MOTION: Mayor Pro SECOND: Councilmember Bacerra
Tem
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio,
Councilmember Bacerra, Councilmember
Mendoza (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE SPECIAL MEETING OF AUGUST 4, 2020 – Clerk of the
Council Office
MOTION: Approve Minutes.
NOTICE OF PUBLIC HEARINGS
12A. ADOPT A RESOLUTION OF INTENTION TO ESTABLISH THE SANTA ANA
TOURISM MARKETING DISTRICT - Community Development Agency
1. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
CITY COUNCIL MINUTES 5 SEPTEMBER 15, 2020
INTENTION TO ESTABLISH THE SANTA ANA TOURISM MARKETING
DISTRICT (SATMD) AND FIXING THE TIME AND PLACE OF A PUBLIC
MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE
THEREOF
2. Establish a time and place for a public meeting to be held by the City
Council on October 6, 2020 to hear and consider all public testimonies.
3. Establish a time and place for a public hearing to be held by the City
Council on November 17, 2020 regarding the proposed formation of the
Santa Ana Tourism Marketing District.
Motion to approve
1. Adopt RESOLUTION NO. 2020-076 ENTITLED: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO
ESTABLISH THE SANTA ANA TOURISM MARKETING DISTRICT (SATMD) AND
FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING
THEREON AND GIVING NOTICE THEREOF
2. Establish a time and place for a public meeting to be held by the City Council on
October 6, 2020 to hear and consider all public testimonies.
3. Establish a time and place for a public hearing to be held by the City Council on
November 17, 2020 regarding the proposed formation of the Santa Ana Tourism
Marketing District.
Councilmember Bacerra motioned to approve, seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio,
Councilmember Bacerra, Councilmember
Mendoza (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 6 SEPTEMBER 15, 2020
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT DAVID ELLIOTT, MARJORIE KNITTER, PATRICK KORTHUIS, AND
MARIA ROSA LOPEZ TO THE WORKFORCE DEVELOPMENT BOARD FOR A
FOUR YEAR TERM EXPIRING MAY 31, 2024 - Community Development
Agency
1. Reappoint David Elliott, Marjorie Knitter, and Patrick Korthuis to the Santa
Ana Workforce Development Board representing the private sector and
economic development for a four-year term expiring May 31, 2024.
2. Appoint Maria Rosa Lopez to the Santa Ana Workforce Development
Board nominated by the Orange County Labor Federation to represent
Labor (replacing Luviano) for a full four-year term expiring May 31, 2024.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) – City Attorney’s Office
City Attorney Sonia Carvalho stated there was no reportable action.
19B. EXCUSED ABSENCES – Clerk of the Council Office
19C. RECEIVE AND FILE UPDATE RELATING TO MILITARY RECOGNITION
OPTIONS – City Manager’s Office
MOTION: Receive and file update relating to military recognition options.
Motion to approve Receive and file update relating to military recognition options.
Councilmember Bacerra motioned to approve, seconded by Mayor Pro Tem Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tem Villegas
Bacerra
VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio,
Councilmember Bacerra, Councilmember
Mendoza (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 7 SEPTEMBER 15, 2020
19D. RECEIVE AND FILE CANNABIS PUBLIC BENEFIT FUND FOR YOUTH
SERVICES INFORMATIONAL UPDATE - Parks, Recreation and Community
Services Agency and Library Department
MOTION: Receive and file Cannabis Public Benefit Fund for Youth Services
informational update.
City Manager Kristine Ridge requested the opportunity to re-access the
appropriation of enforcement funds.
Mayor Pulido abstained out of an abundance of caution and asked that Mayor Pro
Tem Villegas take over as Chair.
Motion to Adopt Receive and file Cannabis Public Benefit Fund for Youth
Services informational update. moved by Councilmember Solorio seconded by
Mayor Pro Tem Villegas.
Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tem Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tem Villegas
Solorio
VOTE: AYES: Mayor Pro Tem Villegas, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio, Councilmember
Bacerra, Councilmember Mendoza (6)
NOES: None (0)
ABSTAIN: Mayor Pulido (1)
ABSENT: None (0)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE AN APPROPRIATION ADJUSTMENT TO RECOGNIZE FEDERAL
CLEAN WATER PROTECTION ENTERPRISE FUNDS IN THE AMOUNT OF
$225,000 AND AN INCREASE IN CONTINGENCY FUNDS FOR AN EXISTING
CONTRACT WITH LONEROCK, INC. IN THE AMOUNT OF $500,000 TO
PERFORM ADDITIONAL DEWATERING OPERATIONS FOR THE SANTA ANA
DELHI CHANNEL DIVERSION PROJECT, FOR AN ESTIMATED TOTAL
PROJECT DELIVERY COST OF $6,886,775 (PROJECT 16-6467) (NON-
GENERAL FUND) - Public Works Agency
CITY COUNCIL MINUTES 8 SEPTEMBER 15, 2020
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021–023 - Recognizing $225,000
in Federal Clean Water Protection Enterprise, Prior Year Fund Balance
and appropriating same into the Federal Clean Water Protection
Enterprise, Improvements Other Than Building expenditure account.
2. Approve an increase to existing contract contingencies in the amount of
$500,000 to perform additional dewatering operations for the Santa Ana
Delhi Channel Diversion Project.
20B. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING
$99,445.50 IN 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT FUNDS (NON-GENERAL FUND) - Police Department
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-022 - Accepting $99,445.50
in the Law Enforcement Grants Revenue account and appropriate same in
the Byrne Justice Assistance account.
2. Authorize the City Manager to execute an agreement (Award #2019-DJ-
BX-0899) with the Orange County Sheriff’s Department for the period of
September 15, 2020 through September 30, 2022, accepting 2019
Edward Byrne Memorial Justice Assistance Grant program funds in the
amount of $99,445.50, subject to non-substantive changes approved by
the City Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-183 was approved.
20C. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING
$1,250,000 IN 2020 COPS HIRING GRANT FUNDS- Police Department
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-024 - Accepting $1,250,000
total revenue over a two-year period in the Department of Justice Grants
account and appropriate the FY20-21 portion of $536,572 in the COPS
Hiring Grant account, to provide funding for ten (10) new COPS Grant
police officer positions.
2. Authorize the City Manager to sign the U.S. Department of Justice Office
of Community Oriented Policing Services Award Document, for the period
of July 1, 2020 through June 30, 2023, in an amount not to exceed
$1,250,000, subject to non-substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-XXX).
Motion to Adopt
CITY COUNCIL MINUTES 9 SEPTEMBER 15, 2020
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-024 - Accepting $1,250,000 total
revenue over a two-year period in the Department of Justice Grants account and
appropriate the FY20-21 portion of $536,572 in the COPS Hiring Grant account,
to provide funding for ten (10) new COPS Grant police officer positions.
2. Authorize the City Manager to sign the U.S. Department of Justice Office of
Community Oriented Policing Services Award Document, for the period of July 1,
2020 through June 30, 2023, in an amount not to exceed $1,250,000, subject to
non-substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-184).
This consent Item - Agreement No. 2020-184 was approved.
Mayor Pro Tem Villegas motioned to adopt, seconded by Councilmember Solorio.
MOTION: Mayor Pro SECOND: Councilmember Solorio
Tem
Villegas
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor Pulido
(7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. APPROVE AN INCREASE IN THE PURCHASE ORDER AMOUNT WITH
QUALITY FENCE CO., INC. IN THE AMOUNT OF $350,000, FOR A REVISED
ANNUAL AMOUNT NOT TO EXCEED $550,000 FOR CHAIN-LINK FENCE AND
GATE INSTALLATION SERVICES (SPECIFICATION NO. 18-080) (NON-
GENERAL FUND) - Finance and Management Services Agency and Public
Works Agency
22B. APPROVE AN INCREASE OF THE PURCHASE ORDER AMOUNT WITH
CORE & MAIN LP, FERGUSON ENTERPRISES, LLC AND S&J SUPPLY
COMPANY, INC. IN THE AMOUNT OF $275,000 FOR A TOTAL AGGREGATE
AMOUNT NOT TO EXCEED $660,000 FOR WATERWORKS FITTINGS AND
SUPPLIES AND EXTEND THE TERM THROUGH APRIL 30, 2021
CITY COUNCIL MINUTES 10 SEPTEMBER 15, 2020
(SPECIFICATION NO. 15-034) (NON-GENERAL FUND) - Finance and
Management Services Agency and Public Works Agency
MOTION: Authorize the City Manager to increase the blanket order contracts with
Core & Main LP, Ferguson Enterprises, LLC and S&J Supply Company, Inc. for
waterworks fittings and supplies by $275,000 for a total aggregate amount not to
exceed $660,000 and extend the term for six months, from October 31, 2020 to
April 30, 2021, subject to non-substantive changes approved by the City Manager
and City Attorney.
AGREEMENTS
25A. APPROVE AMENDMENT TO AGREEMENT WITH HELPMATES STAFFING
SERVICES TO ALLOCATE $60,000 OF CURRENT AGREEMENT FROM FY
2020-21 TO FY 2019-20 (GENERAL FUND AND NON-GENERAL FUND) –
Human Resources Department
MOTION: Authorize the City Manager to execute an amendment to an agreement
with Helpmates Staffing Services to allocate $60,000 of current agreement from
FY 2020-21 to FY 2019-20 for temporary staffing services, subject to non-
substantive changes approved by the City Manager and City Attorney (Agreement
No. A-2020-XXX).
This consent Item - Agreement No. 2020-185 was approved.
25B. APPROVE AN AGREEMENT WITH THE SOLIS GROUP FOR COMMUNITY
WORKFORCE AGREEMENT ADMINISTRATION FOR A TERM OF UP TO
FOUR YEARS IN AN AMOUNT NOT TO EXCEED $1,200,000 (NON-GENERAL
FUND) – Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with The Solís
Group to provide Community Workforce Agreement (CWA) administrative
services for a two-year period beginning September 15, 2020, and ending
September 14, 2022, with provisions for two one-year extensions, for a total
aggregate amount not to exceed $1,200,000, subject to non-substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-186 was approved.
25C. APPROVE AMENDMENT TO AGREEMENT WITH NAPHCARE, INC. TO
PROVIDE INMATE MEDICAL SERVICES FOR THE SANTA ANA JAIL IN THE
AMOUNT OF $2,836,417.94 (GENERAL FUND) – Police Department
MOTION: Authorize the City Manager to execute a one-year agreement
amendment with NaphCare, Inc. to provide basic and emergency inmate health
care services for Santa Ana Jail for the period of October 1, 2020 through
CITY COUNCIL MINUTES 11 SEPTEMBER 15, 2020
September 30, 2021, in the amount of $2,836,417.94, including a $200,000
contingency, subject to non-substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-187 was approved.
25D. APPROVE AGREEMENTS WITH T2 UTILITY ENGINEERS, AZTEC
ENGINEERING CALIFORNIA, INC. AND C BELOW SUBSURFACE IMAGING
FOR SUBSURFACE UTILITY ENGINEERING SERVICES FOR A FIVE-YEAR
TERM IN AN AGGREGATE AMOUNT NOT TO EXCEED $750,000 (NON-
GENERAL FUND) – Public Works Agency
MOTION: Authorize the City Manager to execute agreements with T2 UES, Inc.,
AZTEC Engineering California, Inc., and C Below, Inc. to provide subsurface utility
engineering services for the three-year period beginning September 15, 2020, and
ending on September 14, 2023, with a provision for one two-year extensions, for a
total shared aggregate amount not to exceed $750,000 subject to non-substantive
changes approved by the City Manager and City Attorney (Agreement Nos. A-
2020-XXX, A-2020-XXX and A-2020-XXX).
This consent Item - Agreement No. 2020-188 was approved.
Agreement No. 2020-188-01 - T2 UTILITY ENGINEERS
Agreement No. 2020-188-02 - AZTEC ENGINEERING CALIFORNIA, INC.
Agreement No. 2020-188-03 - BELOW SUBSURFACE IMAGING
LAND USE MATTERS
DEEDS - TRANSFER OF PROPERTY
30A. APPROVE QUITCLAIM OF ACCESS EASEMENT AT 1102 NORTH KING
STREET, APN 405-214-04 (GENERAL FUND) - Public Works Agency
MOTION: Authorize the City Manager to execute a quitclaim deed relinquishing
the City’s interest in an access easement at 1102 North King Street to Ana Mesa
Investment Group, LLC, a California Limited Liability Company.
RESOLUTIONS - Consent
55A. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY, LIST OF
DESIGNATED CLASSIFICATIONS REQUIRED TO FILE ANNUAL
DISCLOSURE FORM (STATEMENT OF ECONOMIC INTERESTS FORM) –
Clerk of the Council Office
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE
CITY COUNCIL MINUTES 12 SEPTEMBER 15, 2020
CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND
DEPARTMENTS
This consent Item- Resolution No. 2020-070 was approved.
55B. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT
FUNDS TO THE CALIFORNIA NATURAL RESOURCES AGENCY FOR THE
YOUTH COMMUNITY ACCESS GRANT PROGRAM FOR THE SANTA ANA
ZOO LITTLE FARMERS PROJECT IN THE AMOUNT OF $300,000 – Parks,
Recreation and Community Services Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - RESOLUTION OF
THE CITY COUNCIL FOR THE CITY OF SANTA ANA APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS
GRANT PROGRAM
This consent Item- Resolution No. 2020-071 was approved.
55C. ADOPT A RESOLUTION AND AUTHORIZE A GRANT APPLICATION
SUBMISSION FOR THE BUREAU OF RECLAMATION’S WATERSMART
WATER AND ENERGY EFFICIENCY GRANTS PROGRAM FOR THE
LANDSCAPED ROADWAY IRRIGATION PROJECT – Public Works Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN
APPLICATION FOR GRANT FUNDING FROM BUREAU OF RECLAMATION’S
WATERSMART WATER AND ENERGY EFFICIENCY GRANTS FOR THE
LANDSCAPED ROADWAY IRRIGATION PROJECT
This consent Item- Resolution No. 2020-072 was approved.
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES 13 SEPTEMBER 15, 2020
BUSINESS CALENDAR
ADMINISTRATIVE MATTERS - BUSINESS
60A. COUNCILMEMBER BACERRA’S REQUEST FOR RECONSIDERATION OF
ADOPTION OF CITY COUNCIL RESOLUTION NO. 2020-067 OVERRULING
THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S
DETERMINATION OF INCONSISTENCY WITH THE AIRPORT ENVIRONS
LAND USE PLAN INCLUDED WITH ITEM NO. 75C FROM THE AUGUST 18,
2020 CITY COUNCIL AGENDA, AND SECOND READING AND ADOPTION OF
AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT
APPLICATION NO. 2020-01 REZONING PROPERTY LOCATED AT 2300,
2310, AND 2320 SOUTH REDHILL AVENUE, AND APPROVE AN
INDEMNIFICATION AGREEMENT WITH ARRIMUS CAPITAL FOR POTENTIAL
AIRPORT LIABILITY – Clerk of the Council Office
MOTION: It is recommended that the City Council consider taking action as
follows:
1. Discuss Councilmember Bacerra’s request for reconsideration of
Resolution No. 2020-067 overruling the Orange County Airport Land Use
Commission’s Determination of Inconsistency which was one of several
approvals related to the proposed Warner Redhill Mixed Use Development
Project associated with Agenda Item No. 75C on the August 18, 2020 City
Council Meeting Agenda and vote on the requested Motion to Reconsider.
If the Motion to Reconsider is not approved by the necessary majority
vote, take action on item 4 below.
2. If a Motion for Reconsideration is adopted, consider adoption of
Resolution No. 2020-067 Overruling the Orange County Airport Land Use
Commission’s Determination of Inconsistency for the Warner Redhill
Mixed Use Development Project with the Airport Environs Land Use Plan
for John Wayne Airport and take action on item 4 below.
3. If Resolution No. 2020-067 is not adopted by a 2/3 vote take no further
action.
4. If the Motion for Reconsideration is not approved or Resolution No. 2020-
067 is adopted by the necessary -2/3 vote, conduct the second reading of
and adopt Ordinance No. NS-XXXX and approve the proposed
Indemnification Agreement with Arrimus Capital.
4A. AN ORDINANCE OF THE CITY COUNCIL APPROVING
AMENDMENT APPLICATION NO. 2020-01 REZONING THE
PROPERTY LOCATED AT 2300, 2310, AND 2320 SOUTH REDHILL
AVENUE FROM LIGHT INDUSTRIAL (M-1) TO SPECIFIC
DEVELOPMENT NO. 96 (SD-96) AND ADOPTING SD-96 FOR SAID
PROPERTY
CITY COUNCIL MINUTES 14 SEPTEMBER 15, 2020
4B. Authorize the City Manager to execute an Indemnification Agreement
with Arrimus Capital (Applicant) subject to non-substantive changes
approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
Councilmember Bacerra rescinded his motion request for reconsideration.
Motion to approve recommendation and adopt
4A. ORDINANCE NO. NS-2995 OF THE CITY COUNCIL APPROVING AMENDMENT
APPLICATION NO. 2020-01 REZONING THE PROPERTY LOCATED AT 2300, 2310,
AND 2320 SOUTH REDHILL AVENUE FROM LIGHT INDUSTRIAL (M-1) TO
SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND ADOPTING SD-96 FOR SAID
PROPERTY
4B. Authorize the City Manager to execute an Indemnification Agreement with Arrimus
Capital (Applicant) subject to non-substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-189).
Councilmember Penaloza motioned to approve recommendation and adopt, seconded
by Councilmember Sarmiento.
MOTION: Councilmember SECOND: Councilmember Sarmiento
Penaloza
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (5)
NOES: Mayor Pro Tem Villegas, Mayor Pulido (2)
ABSTAIN: None (0)
ABSENT: None (0)
60B. ADOPT AN ORDINANCE ADDING ARTICLE XV (SYRINGE EXCHANGE
PROGRAMS) TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE
(HEALTH AND SANITATION) PROHIBITING SYRINGE EXCHANGE
PROGRAMS IN THE CITY OF SANTA ANA – City Manager’s Office and City
Attorney’s Office
MOTION: Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING
ARTICLE XV (SYRINGE EXCHANGE PROGRAMS) TO CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE (HEALTH AND SANITATION) PROHIBITING
CITY COUNCIL MINUTES 15 SEPTEMBER 15, 2020
SYRINGE EXCHANGE PROGRAMS FROM OPERATING IN THE CITY OF
SANTA ANA
Councilmember Bacerra requested to add language to identify syringe distribution
programs.
Councilmember Solorio requested staff to look into the city's authority to regulate
the other needle medical services along with research.
Councilmember Bacerra requests staff immediately look at the inclusion of
distribution programs and return back to council with additional information.
Motion to approve to place ordinance on first reading and authorize publication of
title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
ADDING ARTICLE XV (SYRINGE EXCHANGE PROGRAMS) TO CHAPTER 18 OF
THE SANTA ANA MUNICIPAL CODE (HEALTH AND SANITATION) PROHIBITING
SYRINGE EXCHANGE PROGRAMS FROM OPERATING IN THE CITY OF SANTA
ANA.
Councilmember Solorio motioned to approve, seconded by Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Solorio
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
60C. RESOLUTION SUPPORTING THE REDUCING CRIME AND KEEPING
CALIFORNIA SAFE ACT OF 2020 (PROPOSITION 20) – City Manager’s Office
MOTION: Adopt resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA SUPPORTING THE REDUCING CRIME AND KEEPING
CALIFORNIA SAFE ACT OF 2020
Motion to Adopt RESOLUTION NO. 2020-073 ENTITLED: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE REDUCING
CITY COUNCIL MINUTES 16 SEPTEMBER 15, 2020
CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020 moved by Councilmember
Penaloza seconded by Councilmember Bacerra.
Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Penaloza
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Solorio, Mayor Pro Tem
Villegas, Mayor Pulido (6)
NOES: Councilmember Sarmiento (1)
ABSTAIN: None (0)
ABSENT: None (0)
60D. RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 2019-099,
UPHOLDING PLANNING COMMISSION’S ADOPTION OF RESOLUTION NOS.
2019-35, 2019-36, 2019-37; RESCINDING THE CITY’S CALIFORNIA
ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING
NULL AND VOID PLANNING COMMISSION RESOLUTION NOS. 2019-35,
2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301
AND 325 N. TUSTIN AVENUE – City Attorney’s Office
MOTION: Adopt resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA RESCINDING CITY COUNCIL RESOLUTION NO. 2019-
099, UPHOLDING PLANNING COMMISSION’S ADOPTION OF RESOLUTION
NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY’S CALIFORNIA
ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING
NULL AND VOID PLANNING COMMISSION’S RESOLUTION NOS. 2019-35,
2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301
AND 325 N. TUSTIN AVENUE
Item continued for two weeks.
REPORTS
65A. ACCEPT INFORMATIONAL REPORT RELATING TO POLICE OVERSIGHT
AND PROVIDE DIRECTION TO STAFF – City Manager’s Office
MOTION: Accept informational report relating to police oversight and provide
direction to staff.
CITY COUNCIL MINUTES 17 SEPTEMBER 15, 2020
City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided direction to staff to return to council at a
future meeting.
Councilmember Penaloza requested additional information to be brought back to
council.
Councilmember Bacerra request staff obtains community outreach and return to
council in 90 days.
Councilmember Mendoza supports community input and requests staff look into
other cities who have similar programs whether successful or unsuccessful.
Mayor Pulido warns of unintended consequences experienced by other cities.
Mayor Pro Tem Villegas is supportive of a Chief's Advisory Board.
Councilmember Sarmiento expressed that this should not be considered as
punitive and noted the importance of providing a safe environment for all.
Councilmember Solorio expressed the need for an oversight committee beginning
with the Council.
Councilmember Mendoza noted that staff could look into the Sheriff's Advisory
Council of which she is a member and expressed that she is not in support of
another group having investigatory powers.
65B. APPROVE SERVICE AND FINANCIAL SUSTAINABILITY STUDY FINAL
REPORT – Parks, Recreation and Community Services Agency
MOTION: Approve the plan titled “Parks, Recreation and Community Services
Agency Service and Financial Sustainability Study.”
Item 65B was taken out of order, heard prior to Consent Calendar.
Parks and Recreation Executive Director Lisa Rudloff provided a brief
presentation.
Art Thatcher, with GreenPlay, LLC provided a brief presentation.
Parks and Recreation Executive Director Lisa Rudloff noted that staff we provide
periodic updates to council.
CITY COUNCIL MINUTES 18 SEPTEMBER 15, 2020
Motion to approve the plan titled “Parks, Recreation and Community Services
Agency Service and Financial Sustainability Study.”
Councilmember Solorio motioned to approve, seconded by Councilmember
Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Solorio
VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio,
Councilmember Bacerra, Councilmember
Mendoza (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
After the deliberation of Item 65B, council deliberated on Consent Calendar.
PUBLIC HEARINGS
75A. PUBLIC HEARING –ADOPT A RESOLUTION TO AMEND THE
FORECLOSURE, ABANDONED AND VACANT PROPERTY REGISTRATION
FEE TO $ 1,232.85 FOR SERVICES IN THE FISCAL YEAR 2020-21
MISCELLANEOUS FEE SCHEDULE REGARDING THE REGISTRATION AND
MAINTENANCE OF THE ABANDONED AND VACANT PROPERTIES –
Planning and Building Agency Legal Notice published in the Orange County
Reporter on September 4, 2020 and September 11, 2020.
MOTION: Adopt resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE
FORECLOSURE, ABANDONED AND VACANT PROPERTY REGISTRATION
FEE IN ACCORDANCE WITH CHAPTER 8, ARTICLE X OF THE SANTA ANA
MUNICIPAL CODE
Mayor Pulido opened the public hearing at 9:35 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Mayor Pulido closed the public hearing at 9:36 p.m.
CITY COUNCIL MINUTES 19 SEPTEMBER 15, 2020
Motion to adopt RESOLUTION NO. 2020-074 ENTITLED: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE FORECLOSURE,
ABANDONED AND VACANT PROPERTY REGISTRATION FEE IN ACCORDANCE
WITH CHAPTER 8, ARTICLE X OF THE SANTA ANA MUNICIPAL.
Councilmember Bacerra motioned to adopt, seconded by Councilmember Solorio.
MOTION: Councilmember SECOND: Councilmember Solorio
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COMMENTS
90A. CITY MANAGER’S COMMENTS
Report out on:
-The CARES Act outreach, dashboard, testing, and facemasks.
-Child assistance available this month.
-Assisting SAUSD regarding testing of athletes.
-Governor's COVID status.
-Type of testing used by contractor.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Bacerra expressed appreciation of his colleagues and
adjournment of meeting in honor of Gerald Carr. Reminded everyone to complete
their 2020 Census.
Councilmember Mendoza spoke regarding the rolling blackouts that have been
affecting the county due to the extreme temperatures and wished City Manager
Kristine Ridge a happy birthday.
Councilmember Penaloza spoke regarding his participation on a virtual meeting
on public safety and economic development during and post COVID-19 along with
his participation on the Transportation Corridor Agency (TCA). Shared that TCA
CITY COUNCIL MINUTES 20 SEPTEMBER 15, 2020
appointed Samuel Johnson as their new CEO, and that the agency has a new
agreement that will allow use of cattle for grazing. Reminded the public of the
importance of participating in the Census 2020 and provided an update on the
Delhi Park Cares event.
Mayor Pulido thanked Councilmember Penaloza for his consistent participation
regarding Census outreach.
Councilmember Sarmiento thanked the City Attorney and her staff for working
together with resident evictions and spoke on extending the Residential Eviction
Moratorium Executive Order. Also, thanked City Manager and staff
for coordinating with Latino Health Access in taking resources and services to
neighborhoods and ensuring efforts are not duplicated at the same time and
encouraged staff to apply this model in other areas such as, ways to increase voter
participation. Lastly, wished everyone a happy September 16th, Mexican
Independence Day.
Mayor Pulido thanked Councilmember Sarmiento, Council, and staff for all of their
efforts and work regarding COVID-19.
Councilmember Solorio wishes all a happy Mexican Independence Day on
September 16th. Spoke on CARES mobile resource event he attended, childcare
program, and encourage staff to look at the broadband citywide used in the City of
Anaheim. Expressed concern on an increase of homeless activity at CALTRANS
properties and request staff reach out to CALTRANS to offer services and shelter.
Mayor Pro Tem Villegas on behalf of the City send his thoughts and prayers to the
families of Sheriff Deputies that were ambushed this past weekend.
Mayor Pulido provided status on pandemic.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
October 6, 2020 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 City Council meeting 10:05 p.m.
Adjourn Meeting in Memory of Astronaut Gerald P. Carr.
CITY COUNCIL MINUTES 21 SEPTEMBER 15, 2020