HomeMy WebLinkAbout2017-11-07 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 7, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:13 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:30 P.M.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES (5:15 P.M.)
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
None
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss
certain matters without members of the public present. The City Council finds, based on
advice from the City Attorney, that discussion in open session of the following matters
will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code:
CITY COUNCIL MINUTES 1 NOVEMBER 7, 2017
2
3.
Carlos Rojas v City of Santa Ana, Orange County Superior Court of CA,
Case No. 30-2017-00946219-CU-OE-CJC
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: APN # 398-264-13; 201 W. 3rd Street;
62,243 sq. ft. (1.43 acres)
Negotiators: Interim Community Development Agency
Director Robert Zur Schmiede, Consultant
Elisa Stipkovich
Terms: Conditions on the potential development
and sale of City -owned property.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations:
• Santa Ana Police Officers Association
(POA)
• Santa Ana Police Management
Association
(PMA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Service Employees' International Union
(SEIU) Part-time Civil Service
Employees
• Service Employees' International Union,
Part Time
• Confidential Association of Santa Ana
(CASA)
• Santa Ana Management Association
(SAMA)
Agency Negotiator: City Manager, Raul Godinez II
Employee Organizations: Executive Management (EM)
CITY COUNCIL MINUTES 2 NOVEMBER 7, 2017
CLOSED SESSION REPORT- See Item 19A for any reportable actions
ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 3 NOVEMBER 7, 2017
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:38 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BOB BARNETT, POLICE CHAPLAIN
SPECIAL PRESENTATION - Update from the Youth Commission presented by Chair,
Marlen Buitron.
PROCLAMATION presented by MAYOR PRO TEM MARTINEZ recognizing World
Kindness Day.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
United States Veteran Thomas Baca in recognition of his service to the community.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
United Way Orange County and Citi Development for their Free Tax Prep Campaign.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Marc Payan of PayanX for his outstanding contributions to the community.
CITY COUNCIL MINUTES 4 NOVEMBER 7, 2017
CLOSED SESSION REPORT See Item 19A for any reportable actions
PUBLIC COMMENTS - None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent
Calendar Items 10A through 29A, with the following modifications:
• Mayor Pro Tem Martinez, pulled Agenda Items 25B and 25D for separate
discussion; and
• Councilmember Solorio, continue consideration of Agenda Item 29A.i. to a
future meeting.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento, Solorio,
,Villegas (6)
None (0)
None (0)
Tinajero (1)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 17, 2017
{STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
CITY COUNCIL MINUTES 5 NOVEMBER 7, 2017
13A. APPOINT ALECC BANDA TO THE YOUTH COMMISSION AS AN
ALTERNATE MEMBER FOR A FULL TERM EXPIRING DECEMBER 11,
2018 AS THE MAYORAL REPRESENTATIVE (STRATEGIC PLAN NO. 5,
1) - Clerk of the Council Office
MOTION: Nominate Alecc Banda for an appointment to the Youth
Commission as an Alternate Mayoral representative (replaces R.
Rodriguez).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF
SEPTEMBER 30, 2017 (STRATEGIC PLAN NO. 4, 1D) - Finance and
Management Services
MOTION: Receive and file.
19D. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES JULY 2017 — SEPTEMBER 2017 {STRATEGIC PLAN NO. 5,
31 - Community Development Agency
Community Redevelopment and Housing Commission approved
recommended action on October 25, 2017, by a vote of 4:0 (De Leon,
Ramos and Santana absent).
MOTION: Receive and file.
19E. RECEIVE AND FILE UPDATE ON SANCTUARY POLICY ADVISORY
GROUP {STRATEGIC PLAN NO. 3, 5A - City Manager's Office
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
CITY COUNCIL MINUTES 6 NOVEMBER 7, 2017
20A. APPROVE AN APPROPRIATION ADJUSTMENT TO ACCEPT
DONATION FOR THE POLICE DEPARTMENT BLOODHOUND
PROGRAM {STRATEGIC PLAN GOAL NO. 1, 1 C) - Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2018-035 - Recognizing a
donation from Hoag Memorial Hospital in the amount of $15,000 in the
Police Special Revenue - Programs revenue account and appropriate
same to expenditure account.
GRANTS/APPLICATIONS
21 A. APPROVE SUBSTANTIAL AMENDMENT TO 2017-2018 ANNUAL
ACTION PLAN FOR ALLOCATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS {STRATEGIC PLAN NO. 51 — Community
Development Agency
MOTION: Approve a Substantial Amendment to the 2017-2018 Annual
Action Plan for the allocation of Community Development Block
Grant funds, and authorize its submission to the U.S. Department of
Housing and Urban Development.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 17-070 - APPROVE PURCHASE ORDER AMENDMENT
FOR REPLACEMENT OF SPORTS LIGHTING AT VARIOUS PARKS
{STRATEGIC PLAN NO. 6, 1B} (Parks, Recreation and Community
Services Agency) - Finance and Management Services
MOTION: Authorize an amendment to the purchase order to ACM
Lighting Services to increase the purchase order by $14,267 for a
total amount not to exceed of $57,888, subject to non -substantive
changes approved by the City Manager and City Attorney.
AGREEMENTS
25A. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION
AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 3}
MOTION: Authorize the City Manager and Clerk of the Council to
execute Mills Act agreements with the below -referenced property
owners for the identified structures, subject to non -substantive
changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 7 NOVEMBER 7, 2017
Property
Historic
Address/House
Agmt. No.
Owner(s)
Property
Preservation
A mt. No.
1. Minter
2017-14
818-820 N. Minter
AGMT. No.
Properties, LLC
St. (Davies
2017-293
Duplex)
2. Marvelle J.
2017-22
515 W.
AGMT. No.
Rostine Riekse
Nineteenth St.
2017-294
(Finch House
3. Jeffrey J.
2017-23
2544 N. French
AGMT. No.
Martinez &
St. (E. Lee & H.
2017-295
Martha F.
Smith House)
Martinez
4. Andrew L.
2017-25
903 E. Stafford
AGMT. No.
Chalkley
St. Perry House)
2017-296
5. Jillian N.
2017-26
1121 S. Hickory
AGMT. No.
Andrews
St. (Eastin
2017-297
House)
6. Alexander
2017-27
2031 N. Ross St.
AGMT. No.
Niessen &
(Tubbs -Schatz
2017-298
Maria Nena
House)
Niessen
7. Loria
2017-28
2424 N. Riverside
AGMT. No.
Revocable
Dr. (K. H.
2017-299
Trust
Sutherland
House
8. Benjamin
2017-29
2401 N. Flower
AGMT. No.
Ramirez &
St. (Hull -Carlyle
2017-300
Nicolette
House)
Ramirez
Mayor Pro Tem Martinez, request that outreach efforts continue with
Santa Ana Unified School District officials on this and other matters of
mutual interest.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Alta Planning & Design, , for the three-
year term beginning November 7, 2017, and expiring November 6,
2020, in an amount not to exceed $585,000, subject to non -
CITY COUNCIL MINUTES 8 NOVEMBER 7, 2017
substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2017-301).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25C. APPROVE AGREEMENTS FOR ON-CALL WATER SYSTEMS
CONTROL DESIGN, PROGRAMMING AND SUPPORT SERVICES
{STATEGIC PLAN NO. 6, 2) - Public Works Agency
25D. .
MOTION: Authorize the City Manager and Clerk of the Council to
execute agreements for the three-year period beginning November 7,
2017, and expiring November 30, 2020, with provisions for a two-year
renewal option exercisable by the City Manager and City Attorney, in
an annual amount not to exceed $85,000, for a total not to exceed
amount of $255,000 subject to non -substantive changes approved by
the City Manager and City Attorney, with the following vendors:
1. With KDC Systems - Los Alamitos (AGMT. No. 2017-302)
2. With Enterprise Automation - Irvine (AGMT. No. 2017-303)
3. With Industrial Control Systems Online, Inc. — Ripon (AGMT.
No. 2017-304)
Mayor Pro Tem Martinez,
Councilmember Sarmiento,
Councilmember Solorio, request staff work with developer in providing
amenities that will mitigate noise such as double paned windows etc.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an Inclusionary Housing Agreement with Shea Homes
CITY COUNCIL MINUTES 9 NOVEMBER 7, 2017
Limited Partnership, a California Limited Partnership, in an amount
not to exceed $1,727,055, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2017-
305).
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MISCELLANEOUS - BUDGET
29A. APPROVE DONATION AGREEMENT WITH VARIOUS
ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND
PROGRAMS {STRATEGIC PLAN NO. 5, 41 — City Council
MOTION: Authorize the City Manager and Clerk of the Council to
execute agreements with various organizations in support of their
community events and programs, subject to non -substantive
changes approved by the City Manager and the City Attorney, as
follows:
a. Charitable Ventures of Orange County in support of the Wilshire
Square Neighborhood Association's Annual Holiday Parade, in a
one-time donation amount of $1,000 (Mayor Pulido);
b. A.C. Green Youth Foundation in support of the Santa Ana
Leadership Program/Basketball Camp for Boys and Girls in June
2018, in a one-time donation amount of $1,000 (Mayor Pro Tem
Martinez);
C. Long Beach Cinematheque in support of the Frida Cinema's free
film screening of the documentary "Dolores" based on civil rights
activist Dolores Huerta, in a one-time donation amount of $3,000
(Mayor Pro Tem Martinez);
d. Makara Center of the Arts in support of the literacy program for
youth, in a one-time donation amount of $430 (Mayor Pro Tem
Martinez);
CITY COUNCIL MINUTES 10 NOVEMBER 7, 2017
e. Delhi Center in support of the Teens Engaged in Learning and
Leadership program, in a one-time donation amount of $1,000
(Councilmember Sarmiento);
f. Santa Ana Unidos Boxing Club in support of on-going services to
help at -risk youth in Santa Ana, in a one-time donation amount of
$1,000 (Councilmember Sarmiento);
g. Delhi Center in support of the Teens Engaged in Learning and
Leadership program, in a one-time donation amount of $500
(Councilmember Solorio);
h. Santa Ana Kiwanis Club Foundation in support of the holiday event
for needy children for the holiday season, in a one-time donation
amount of $500 (Councilmember Solorio);
Item removed at the request of Councilmember Solorio.
Te-Kenjutsu-Kan-Do Organization to support the 15th Annual
Adlawan Cup Food Drive Karate Championships, in the amount of
$500 (Councilmember Solorio);
k. Centro Cultural de Mexico of Orange County to support Noche de
Altares event, in a one-time donation amount of $800
(Councilmember Benavides);
Charitable Ventures of Orange County in support of the Wilshire
Square Neighborhood Association's Annual Holiday Parade, in a
one-time donation amount of $500 (Councilmember Villegas);
M. Delhi Center in support of the Teens Engaged in Learning and
Leadership program, in a one-time donation amount of $500
(Councilmember Villegas);
n. Makara Center of the Arts in support of the literacy program for
youth, in a one-time donation amount of $750 (Councilmember
Villegas);
o. Healthy Smiles for Kids of Orange County for on-going services to
provide dental services to children in Santa Ana, in a one-time
donation amount of $1,000 (Councilmember Tinajero).
**END OF CONSENT CALENDAR**
ADMINISTERED OATH OF OFFICE TO ALECC BANDA, YOUTH COMMISSIONER.
CITY COUNCIL MINUTES 11 NOVEMBER 7,20i_7
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
Mayor Pulido abstained on Agenda Item 75A, out of an abundance of caution and
previous business relation with EMI and left the Chamber for the duration on
deliberation of said item. Mayor Pro Tem Martinez assumed the Chair.
75A. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2017-03
TO AMEND SPECIFIC DEVELOPMENT NO. 60 TO ALLOW A NEW 75 -
FOOT TALL DOUBLE FACE DIGITAL ILLUMINATED PYLON SIGN AT
THE SANTA ANA AUTO MALL LOCATED AT 1505 SOUTH AUTO MALL
DRIVE, APPROVE SALES TAX LOAN AGREEMENT BETWEEN CITY
OF SANTA ANA AND SANTA AUTO MALL AUTO DEALERS
ASSOCIATION; APPROVE PAYMENT TO EMI INC. FOR THE
PURCHASE OF AN LED SIGN {STRATEGIC PLAN NO. 3, 2) - Planning
and Building Agency
Planning Commission approved recommended action on September 25,
2017, by a vote of 6:0 (Alderete absent).
Legal Notice published in the Orange County Reporter on October 6, 2017
and notices mailed on October 5, 2017.
Continued from the October 17, 2017 City Council meeting by a vote of 6-
0 (Martinez absent).
Mayor Pro Tem Martinez opened the Hearing. The following spoke on the
matter.
• Al Parajeckas, on behalf of the Penske Auto Group, shared their
support in youth programs in the City and opined the auto mall sign is
antiquated and in need of refurbishment.
• Rod Wilson, expressed gratitude for all the work performed on the
proposed ordinance; opined that amendments would generate
increased sales for the auto mall and sales tax for the City.
Mayor Pro Tem Martinez closed the Hearing.
Councilmember Benavides, supports matter as economic development
opportunity; win for the community as well.
Councilmember Sarmiento, strategically located site that has allowed it to
be one of the highest grossing auto malls in the country.
Councilmember Solorio, expressed strong support for item
CITY COUNCIL MINUTES 12 NOVEMBER 7, 2017
Mayor Pro Tem Martinez, concerned with loan source for project which
utilized reserve funds.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2930 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AN
AMENDMENT TO PROVISIONS OF SPECIFIC DEVELOPMENT (SD)
NO. 60, PERTAINING TO THE SANTA ANA AUTO MALL RELATING
TO THE SIGNAGE REQUIREMENTS
2. Authorize the City Manager and the Clerk of the Council to
execute a Sales Tax Loan Agreement between the City of Santa
Ana and the Santa Ana Auto Dealers Association LLC, subject to
non -substantive changes approved by the City Manager and the
City Attorney. (AGMT. No. 2017-306).
3. Approve the payment to EMI, Inc. for purchase and installation of
an LED sign at the Santa Ana Auto Mall.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor Pulido rejoined the meeting.
SECOND: Sarmiento
Benavides, Sarmiento, Solorio, Tinajero,
Villegas (5)
Martinez (1)
Pulido (1)
None (0)
75B. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2017-01
TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO STREAMLINING TATTOO
PARLORS, FARMERS MARKETS AND AFTER HOURS OPERATIONS
IN THE COMMERCIAL -SOUTH MAIN ZONING DISTRICT — CITY OF
SANTA ANA, APPLICANT - Planning and Building Agency
Planning Commission approved recommended action on October 9, 2017
by a vote of 6:0 (Alderete absent).
CITY COUNCIL MINUTES 13 NOVEMBER 7, 2017
Legal Notice published in the Orange County Reporter on October 27,
2017.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2931 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-159, 41-
159.5, 41-195.5, 41-199.3, 41-365.5, 41-365, 41-489.5 AND 41-522 OF
CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE (SAMC), TABLE
3-2 OF THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC
PLAN (SP2), TABLE 3 OF THE METRO EAST MIXED USE OVERLAY
ZONE (MEMU), AND TABLE 2A OF THE TRANSIT ZONING CODE —
SPECIFIC DEVELOPMENT NO. 84 (SD -84)
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides(1)
75C. PUBLIC HEARING - AMEND SANTA ANA MUNICIPAL CODE
SECTIONS 5-1 AND 5-7 TO ALLOW RESIDENTIAL BACKYARD
BEEKEEPING {STRATEGIC PLAN NO. 5, 2) - Planning and Building
Agency
Legal Notice published in the Orange County Reporter on October 27,
2017.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2932 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CITY COUNCIL MINUTES 14 NOVEMBER 7, 2017
CODE SECTIONS 5-1 (DEFINITIONS) AND 5-7 (BEES PROHIBITED)
TO ALLOW RESIDENTIAL BACKYARD BEEKEEPING
MOTION: Tinajero SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Tinajero, Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido(1)
75D. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2017-04
TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
(GRANNY FLATS) — CITY OF SANTA ANA, APPLICANT{STRATEGIC
PLAN NO. 5, 3) - Planning and Building Agency
Planning Commission approved recommended action on October 23,
2017 by a vote of 5:0 (Nguyen and Mendoza absent).
Legal Notice published in the Orange County Reporter on October 27,
2017.
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Mathew Fertal, on behalf of his son Jeffrey and daughter in law Jamie,
perspective homeowners of a property on Bush Street; consider
rezoning of the property to allow a conversion of a detached three car
garage to a modest living quarters.
There were no other speakers and the Mayor Pulido closed the hearing.
Mayor Pro Tem Martinez, suggested a 2 week continuance.
Councilmember Sarmiento, concerned with parking impacts.
Councilmember Solorio, noted that staff has met with neighborhoods;
review police services and accidents; suggest single family homes be
permitted to have accessory dwelling unit.
Councilmember Benavides motion to set for WorkStudy Session;
seconded by Mayor Pro Tem Martinez.
CITY COUNCIL MINUTES 15 NOVEMBER 7, 2017
MOTION: Continue consideration and set for WorkStudy Session at
the December 5, 2017 City Council Meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
Mayor Pulido and Councilmember Sarmiento abstained on the Agenda Item 75E-1 and
left the Chamber for the deliberation of said item. Mayor Pro Tem Martinez assumed
the Chair.
75E-1. PUBLIC HEARING - ORDINANCE AMENDMENT NO. 2017-04 TO
AMEND CERTAIN SECTIONS OF CHAPTERS 18 AND 21 OF THE
SANTA ANA MUNICIPAL CODE (MEDICAL MARIJUANA
COLLECTIVES/ COOPERATIVES) — CITY OF SANTA ANA, APPLICANT
{STRATEGIC PLAN NOS. 3, 2, 3, 5} - Planning and Building Agency
Legal Notice published in the Orange County Reporter on October 27,
2017 and November 6, 2017.
Mayor Pro Tem Martinez opened the Hearing. The following spoke on the
matter.
• Ben Ekenberg, attorney representing various cannabis businesses,
opined that City is a leader in the State regarding commercial cannabis
and looks forward to bringing business to the City.
• Claudio Gallegos, on behalf of Congressman Lou Correa, commended
City Council for being proactive and bringing an ordinance to regulate
cannabis in the city. Expressed support for the proposed ordinance.
Mayor Pro Tem Martinez closed the Hearing.
Councilmember Benavides, proposed adjourning the meeting to
November gth at 2 p.m. to continue deliberation of matter.
Councilmember Villegas, willing to meet as proposed.
Mayor Pro Tem Martinez, noted that matter is a major policy decision; very
concerned and has a lot of questions; no options, no analysis or findings
noted in the report as it pertains to CEQA; is it consistent with Water
CITY COUNCIL MINUTES 16 NOVEMBER 7, 2017
Conservation, General Plan and Climate Action Plans; review education
component and co -location; and review enforcement issues considered by
the Public Safety Committee.
MOTION: Continue consideration of matter to an Adjourned Regular
Meeting on Thursday, November 9, 2017 at 1:30 p.m.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Solorio, Tinajero,
Villegas (5)
None (0)
Pulido, Sarmiento (2)
None (0)
75E-2. ORDINANCE SECOND READING: ADOPT ORDINANCE AMENDMENT
NO. 2017-03 TO CREATE CHAPTER 40 IN THE SANTA ANA
MUNICIPAL CODE (COMMERCIAL CANNABIS) {STRATEGIC PLAN
NO. 5, 1)
Placed on first reading at the October 17, 2017 City Council meeting and
approved by a vote of 4-0 (Pulido and Sarmiento abstained; Martinez
absent).
Published in the Orange County Reporter on October 27, 2017.
MOTION: Continue consideration of matter to an Adjourned Regular
Meeting on Thursday, November 9, 2017 at 1:30 p.m.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: Pulido, Sarmiento (2)
ABSENT: None (0)
CITY COUNCIL MINUTES 17 NOVEMBER 7, 2017
75E-3. APPROVE AN IN -LIEU FEE AGREEMENT TEMPLATE AND MERIT -
BASED CRITERIA DRAFT FOR COMMERCIAL CANNABIS
BUSINESSES PURSUANT TO CHAPTER 40 OF THE SANTA ANA
MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT{STRATEGIC
PLAN NOS. 3, 2, 3, 51 — Planning and Building Agency
MOTION: Continue consideration of matter to an Adjourned Regular
Meeting on Thursday, November 9, 2017 at 1:30 p.m.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Solorio, Tinajero,
Villegas (5)
None (0)
Pulido, Sarmiento (2)
None (0)
75F. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE
BENEFIT OF FIRST POINT APARTMENTS LOCATED AT 2114 EAST
1ST STREET, AND RESOLUTION APPROVING THE ISSUANCE OF
BONDS, SANTA ANA PACIFIC ASSOCIATES, L.P. {STRATEGIC PLAN
NO. 5, 3) — Community Development Agency
Legal Notice published in the Orange County Reporter on October 23,
2017
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
Councilmember Benavides, noted that staff report indicates that this item
is being recommended at the request of the applicant.
Housing Division Manager, Judson Brown, noted that applicant submitted
request.
City Manager Godinez, noted that matter agendized by former Interim City
Manager Kurtz; initial review will not work if City does not contribute
financially, thus City not in the position to recommend matter for approval,
but agendized as a courtesy; entitlement have not been granted.
Mayor Pro Tem Martinez, suggested continuance to review financial
analysis by Keyser Marsten and allow staff to review gap financing.
CITY COUNCIL MINUTES 18 NOVEMBER 7, 2017
Councilmember Sarmiento, concerned that project does not have
entitlements and not thoroughly vetted; 1,100 units proposed for senior
housing units that may not be needed — multi -family housing shortages;
supports continuance to review composition of units. Housing element and
other questions; avoid liability.
Ben, representing California Municipal Financing Authority, indicating that
this is a requirement of the Bond financing process; noted that Trump
Administration through the Senate is considering removing 4% bond in
January.
City Attorney Carvalho, clarified that Senate Bill is pending, but has not
been approved or rejected; TEFRA rules are that Council is to decide if
there is a public need for this project and any other body could have
considered this Hearing.
Applicant, confirmed that resolution will determine maximum bond
amount, but project details can be revised; project details would be vetted
by Planning Commission and ultimately the City Council; deadline to
submit application is next Tuesday.
Councilmember Tinajero, concerned with too many unknowns to approve
resolution.
Councilmember Solorio, supports affordable housing efforts although
reserve rights not to approve parking or project in the future.
MOTION; Table indefinitely.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Tinajero, (5)
Solorio, Villegas (2)
None (0)
None (0)
75G. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE
BENEFIT OF FIRST POINT SENIOR APARTMENTS LOCATED AT 2110
EAST 1ST STREET, AND RESOLUTION APPROVING THE ISSUANCE
OF BONDS, SANTA ANA PACIFIC ASSOCIATES II, L.P. {STRATEGIC
PLAN NO. 5, 3) — Community Development Agency
CITY COUNCIL MINUTES 19 NOVEMBER 7, 2017
Legal Notice published in the Orange County Reporter on October 23,
2017
MOTION: Table indefinitely.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Tinajero, (5)
NOES: Solorio, Villegas (2)
ABSTAIN: None (0)
ABSENT: None (0)
75H. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE
BENEFIT OF VILLA COURT SENIOR APARTMENTS LOCATED AT
2222 E. IST STREET, AND RESOLUTION APPROVING THE
ISSUANCE OF BONDS, SANTA ANA SENIOR ASSOCIATES, L.P.
{STRATEGIC PLAN NO. 5, 31 —Community Development Agency
Legal Notice published in the Orange County Reporter on October 23,
2017
MOTION: Table indefinitely.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Tinajero,(5)
Solorio, Villegas (2)
None (0)
None (0)
Councilmember Sarmiento abstained on Agenda Item 751 due to proximity to family
property and left the Chamber for the duration of deliberation.
CITY COUNCIL MINUTES 20 NOVEMBER 7, 2017
751. PUBLIC HEARING: ADOPT A RESOLUTION TO AUTHORIZE
NEGOTIATION FOR THE SALE OF PORTIONS OF CITY -OWNED REAL
PROPERTY AT 827, 829, AND 907 NORTH BRISTOL STREET
(NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} — Public
Works Agency
Legal Notice published in the Orange County Reporter on October 27,
2017.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
MOTION: Adopt a resolution. (Requires five affirmative votes)
RESOLUTION NO. 2017-066 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS
FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY
AT 827 NORTH BRISTOL STREET, 829 NORTH BRISTOL STREET
AND 907 NORTH BRISTOL STREET
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Villegas
Benavides, Martinez, Pulido, Solorio, Tinajero,
Villegas (6)
None (0)
Sarmiento (1)
None (0)
CONVENEED A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING
AUTHORITY
80A. JOINT CITY COUNCIL AND HOUSING AUTHORITY: APPROVE
SECOND AMENDMENT TO JOSEPH HOUSE LOAN AGREEMENT AND
AFFORDABLE HOUSING COVENANTS {STRATEGIC PLAN NO. 5, 31 —
Community Development Agency
Community Redevelopment and Housing Commission approved
recommended action on October 25, 2017 by a vote of 6:0 (De Leon
absent).
MOTION:
1. Receive and file Joseph House Business Plan.
CITY COUNCIL MINUTES 21 NOVEMBER 7, 2017
2. Authorize the City Manager, Executive Director of the Housing
Authority and the Clerk of the Council/Recording Secretary to
execute a Second Amendment to the Joseph House Loan
Agreement and Affordable Housing Covenants with Mercy House
Living Centers, formerly known as Mercy House Transitional
Living Centers, to allow for the remaining transitional housing
unit to be turned into permanent affordable housing and dissolve
transitional housing and transitional shelter at 210 E. 16th Street,
subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2017-307).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Villegas
Benavides, Martinez, Pulido, Solorio, Tinajero,
Villegas (6)
None (0)
Sarmiento (1)
None (0)
RECESSSED CITY COUNCIL MEETING AT 9:15 P.M. TO THE HOUSING
AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT
9:19 P.M
COMMENTS
PUBLIC COMMENTS (Non-Agendized Items)
• Donna Layne, resident of West Floral Park and president of West Floral Park
Neighborhood Association, expressed concern as to the level of noise generated
from Zaroo Car Wash and resulting pain and stress on the local residents; opined
that there was lack of due diligence by the City of Santa Ana prior to grandfathering
Zaroo Car Wash in.
• Patti Heimann, resident of West Floral Park, commented as to the level of noise from
Zaroo Carwash reaching her residence three blocks away; requested assistance
with noise mitigation.
• Laura Jagerman, expressed concern as to the loss of peacefulness due to the noise
from Zaroo Car Wash and resulting desire to no longer live in the neighborhood.
• Chela Banuelos, resident of West Floral Park and home business owner, concerned
about noise level that causes her to keep her windows closed.
CITY COUNCIL MINUTES 22 NOVEMBER 7, 2017
• Diana Espinoza, said that noise nuisance emanating from Zaroo Car wash and its
effect and impact on the use of their home and children; believe that car wash
operating with noise levels reaching 86 decibels in violation of current noise
ordinance.
• Ellias Cazales, resident of West Floral Park, reflected on noise levels and the loss of
enjoyment of their home; requested the City Council to bring forth a resolution to
resolve the noise nuisance.
• Peter A. Katz, President of the Com -Link board, urged noise mitigation; also, spoke
in regards to Veterans Day, what it means to be a veteran and an American - OC
Fairgrounds event being held in support of Veterans.
• Joseph Banuelos, resident of West Floral Park, opined that City Council consider
balancing interested of car wash business and the residents of Floral Park.
90A. CITY MANAGER'S COMMENTS
• Attended events held over the weekend including the Dia De Los
Muertes, Dolores Huerta Documentary and skateboarding event in
the downtown;
• OCTA hosting a Streetcar Open House on November 11 and 161h;
and
■ Invited all to attend Plaza Navidena on November 18tH
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked all speakers who addressed the City Council on car wash
noise; need to mitigate noise;
• Thanked and welcomed recently appointed City Manager Godinez;
• Noted that many well attended events held over the weekend; and
• Opined that Board of Supervisors should consider 100 acres at Great
Park for homeless services.
Councilmember Tinajero:
• Welcomed Mr. Godinez who previously served as Public Works
Director;
• Thanked Marc Morley, Jorge Garcia and Julie Castro for proposal to
host college debate event in Santa Ana;
• Announced that Valley High is in the playoffs, Godinez High School
finished 1St and Santa Ana High top 24 in Orange County; and
• Proud that City Council has covered many issues tonight; urged all to
continue to be respectful.
Mayor Pro Tem Martinez:
• Thanked residents; technology available to assist with noise concerns;
staff to cite if appropriate and need to mitigate;
CITY COUNCIL MINUTES 23 NOVEMBER 7, 2017
• Acknowledged Veteran's Day and all servicemen;
• Noted that homeless population has many veterans; County of Orange
to consider available acreage at Great Park for housing; and
• Thanked staff for effort on Wings of the City unveiling ceremony.
Councilmember Solorio:
• Congratulated Mr. Godinez;
• Thanked Police Department and City Manager staff for creating park
ranger unit;
• Opposed to extension of Needle Exchange Program that is up for
renewal in February — other cities should offer program not just in
Santa Ana;
• Supports institutional services at Great Park for homeless such as
housing; and
• Thanked colleagues for great dialogue tonight.
Councilmember Villegas:
• Thanked all speakers;
• Acknowledged Veteran's Day; and
• Requested status of Code of Ethics violation enforcement plan and
policy.
Mayor Pulido:
• Adjourned in memory of Harold F. LaFlamme who was a former
Personnel Board member
ADJOURNED - 10:03 P.M - The next meeting of the City Council is scheduled for
Tuesday, November 21, 2017 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.
Maria �q��
. Huizar,
Clerk of the Coundti
FUTURE AGENDA ITEMS
• Labor Contracts
• Jail Reuse
CITY COUNCIL MINUTES 24 NOVEMBER 7, 2017