HomeMy WebLinkAbout2018-06-05 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 5, 2018
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:22 P.M.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO (6:10 P.M.)
JOSE SOLORIO
SAL TINAJERO (5:20 P.M.)
JUAN VILLEGAS (5:17 P.M.)
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 5:16 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 JUNE 5, 2018
a. Oranqe 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. Theresa Le v. City of Santa Ana et al. Orange County Superior Court, Case
No. 30-2018-00 98842 5-C U -C R -CJ C
c. Donald Stow v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ8675285; ADJ9087503; ADJ972426; ADJ9419981
2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision
(d) of Section 54956.9 of the Government Code: Two cases
3. CONFERENCE WITH LEGAL COUNSEL - THREAT OR POTENTIAL
LITIGATION pursuant to Government Code Section 54956.9(d)(2): One Case
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 2467 N. Riverside Drive; Santa Ana, CA; APN is
002-050-05; Area is 4283 Square Feet (0.098
Acre)
Owners: Eugen Charles Andres, III and Ann Avery Andres
Negotiators: City Manager Raul Godinez II
Terms: Conditions of potential sale.
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators:
Employee Organizations:
Peter Brown, Liebert Cassidy and Steven V.
Pham, Executive Director of Human Resources
• Santa Ana Police Officers Association (POA)
• Service Employees' International Union
(SEIU) Part -Time
CITY COUNCIL MINUTES 2 JUNE 5, 2018
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.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION.
AT 7:01 P.M.
CITY COUNCIL MINUTES 3 JUNE 5, 2018
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
7:03 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
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JACK ABEELEN, POLICE CHAPLAIN
• CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to
Taqueria La Venganza in recognition of contributions to the community.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Templo Calvario Community Development Corporation in recognition of 15 years of
service in Santa Ana and contributions to the community.
CITY TILE presented by MAYOR PULIDO AND MEMBERS OF THE COUNCIL to
Gerardo Mouet for his service to the community as Executive Director of Parks, Recreation
and Community Services.
CLOSED SESSION REPORT- See Agenda Item 19A for reportable action.
CITY COUNCIL MINUTES 4 JUNE 5, 2018
PUBLIC COMMENTS — None
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 10A through 30A, with the following modifications:
• Mayor Pro Tem Martinez dissented on Agenda Items 11 C and 11 D; and pulled
Agenda Item 25C for separate discussion.
• Councilmember Sarmiento abstained on Agenda Items 10A, 11A, 11B, 11C, and
11D.
• Councilmember Tinajero dissented on Agenda Item 11C (previous vote from May
15, 2018 City Council meeting)
• Agenda Item 30A continued, at the request of staff.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT
MINUTES
SECOND: Benavides
Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas
(5)**
Martinez (1 See note above for specific items) *
Sarmiento (1 See note above for specific items) **
Pulido (1)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF MAY 15, 2018 {STRATEGIC
PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Approve Minutes.
*Councilmember Sarmiento abstained on Agenda Item 10A.
CITY COUNCIL MINUTES 5 JUNE 5, 2018
ORDINANCES/SECOND READING
11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING SECTIONS OF CHAPTER 9 AND CHAPTER 2 TO CHANGE
EXECUTIVE DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE
DIRECTOR OF HUMAN RESOURCES {STRATEGIC PLAN NO. 5, 1) - Clerk of
the Council Office
Placed on first reading at the May 15, 2018 City Council meeting and approved
by a vote of 6-0 (Sarmiento absent). Published in the Orange County Reporter
on May 25, 2018.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2946 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER
NINE AND CHAPTER TWO OF THE SANTA ANA MUNICIPAL CODE TO
CHANGE THE CLASSIFICATION, EXECUTIVE DIRECTOR OF PERSONNEL
SERVICES TO EXECUTIVE DIRECTOR OF HUMAN RESOURCES
*Councilmember Sarmiento abstained on Agenda Item 11A and Mayor Pulido
absent (vote 5-0-1-1).
11B. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A
CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC
RESOURCES COMMISSION {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
Placed on first reading at the May 15, 2018 City Council meeting and approved
by a vote of 6-0 (Sarmiento absent). Published in the Orange County Reporter
on May 25, 2018.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2947 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV,
DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE
HISTORIC RESOURCES COMMISSION
*Councilmember Sarmiento abstained on Agenda Item 11B and Mayor Pulido
absent (vote 5-0-1-1).
CITY COUNCIL MINUTES 6 JUNE 5, 2018
Placed on first reading at the May 15, 2018 City Council meeting and approved
by a vote of 4-2 (Martinez and Tinajero dissented and Sarmiento absent).
Published in the Orange County Reporter on May 25, 2018.
*Mayor Pro Tem Martinez and Councilmembers Tinajero dissented;
Councilmember Sarmiento abstained and Mayor Pulido absent on Agenda Item
11 C and (vote as part of Consent Calendar motion was 3-2-1-1).
Request by Mayor Pulido to reconsider action to allow sufficient number of
councilmembers to participate in the vote. Approved by unanimously consent.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2948 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON
BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE
FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH
SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Pulido, Solorio, Villegas (4)
Martinez, Tinajero (2)
Sarmiento (1)
None (0)
Placed on first reading at the May 15, 2018 City Council meeting and approved
by a vote of 5-0 (Sarmiento and Solorio absent). Published in the Orange
County Reporter on May 25, 2018.
CITY COUNCIL MINUTES 7 JUNE 5, 2018
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2949 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
2015-01 REZONING VARIOUS PROPERTIES LOCATED ALONG THE
BRISTOL STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT
NO. 2015-01 AMENDING THE BRISTOL STREET CORRIDOR SPECIFIC
PLAN (SP1)
*Mayor Pro Tem Martinez dissented on Agenda Item 11 D and Mayor Pulido
absent (vote 5-1-1).
BOARDS / COMMISSIONS / COMMITTEES
13A. AGENDA AND MINUTES OF THE REGULAR MEETING OF ECONOMIC
DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY CITY
COUNCIL COMMITTEE, MARCH 12, 2018 {STRATEGIC PLAN NO. 5, 11 -
Clerk of the Council Office
MOTION: Receive and file.
13B. APPOINT ADOLFO SIERRA TO THE ARTS AND CULTURE COMMISSION
FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 1
REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Appointed Adolfo Sierra to the Arts and Culture Commission as
the Ward 1 representative (replaces L. Orozco).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Settlement as follow:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Donald Stow v. City of Santa Ana; Workers' Compensation Appeals Board case
#ADJ8675285; ADJ9087503; ADJ972426; ADJ9419981; Settle in the amount of
$50,000 approved by 7-0 vote.
19B. EXCUSED ABSENCES — None
CITY COUNCIL MINUTES 8 JUNE 5, 2018
f
19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MAY 2018
{STRATEGIC PLAN NO. 5, 11 — Public Works Agency
The CIP Executive Summary Schedule is available on the City's website at
http://www.santa-ana.org/pwa/documents/ExecutiveMonthIVCI PMay2018. pdf
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD PURCHASE ORDER TO ATLANTIC MACHINERY, INC., FOR A
COMPRESSED NATURAL GAS HYDRO -EXCAVATION UNIT FOR THE
WATER RESOURCES DIVISION -SPEC. NO. 18-044 {STRATEGIC PLAN NO.
6, 2) - Finance and Management Services Agency; and Public Works Agency
MOTION: Authorize a one-time purchase and payment of purchase order
to Atlantic Machinery, Inc., for the procurement of a compressed natural
gas hydro -excavation unit in the amount of $507,748.38, subject to non -
substantive changes approved by the City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. ACCEPT CONSTRUCTION COMPLETION FOR THE WARNER AVENUE AND
FIRST STREET PAVEMENT MAINTENANCE PROJECT (PROJECT NOS. 15-
6840 AND 16-6858) {STRATEGIC PLAN NO. 6, 113; 1C; 1G} — Public Works
Agency
MOTION: Accept the work as completed for the construction of the Warner
Avenue Pavement Maintenance and the First Street Pavement
Maintenance projects.
23B. AWARD CONTRACT TO ALL AMERICAN ASPHALT FOR LOCAL STREET
PREVENTATIVE MAINTENANCE FISCAL YEAR 2017/18 PROJECT
(PROJECT NO. 18-6907) {STRATEGIC PLAN NOS. 6, 113; 1C; 1G} — Public
Works Agency
MOTION:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with the base bid in the amount of $1,574,539, for
CITY COUNCIL MINUTES 9 JUNE 5, 2018
the term beginning upon execution of the contract and ending upon
project completion, for construction of the Local Street Preventative
Maintenance FY 2017/18 Project, and authorize the City Manager and
the Clerk of the Council to execute the contract subject to non -
substantive changes approved by the City Manager and the City
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $1,850,000, which includes the contract bid amount,
administration, inspection and testing, and an authorized contingency
of $118,007.
AGREEMENTS
25A. APPROVE AN AGREEMENT WITH GOVERN MENTJOBS.COM, INC. (dba
"NEOGOV") FOR INSIGHT SERVICES TO AUTOMATE BUSINESS
PROCESSES FOR EFFICIENT RECRUITMENT, TESTING AND HIRING
{STRATEGIC PLAN NO. 7, 5A) — Human Resources Department and
Information Technology Department
MOTION: Authorize the City Manager and Clerk of the Council to approve
a two year agreement with NEOGOV, for the period of June 25, 2018
through June 24, 2020 for the use of "Insight," a Human Resources
Recruitment and Applicant Platform service in the amount not to exceed
$31,567, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-138).
25B. APPROVE AN AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES, INC.
FOR COMMUNICATIONS AND MEDIA RELATED SERVICES {STRATEGIC
PLAN NOS. 4 AND 61 — City Manager's Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Tripepi Smith and Associates, Inc. (also known as
Tripepi Smith) for on-call communications and media related services and
a communications assessment for a one-year term beginning June 1, 2018
through June 30, 2019 with the option of two additional one-year
extensions for an amount not to exceed $150,000, subject to non -
substantive changes approved by the City Manager and the City Attorney
(AGMT. No. 2018-139).
CITY COUNCIL MINUTES 10 JUNE 5, 2018
Mayor Pro Tem Martinez, asked City Staff to clarify if there is anyone currently
on contract or is structure strictly a city parking facility; noted this would be the
first time City enters into a long term lease; need to maximize parking use.
Councilmember Solorio, asked staff to clarify rates and if there are similar
residential parking stall arrangements; request staff offer the same
arrangements in the future in order to avoid the appearance of preferential
treatment.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with East End Realty Partners, LP for a minimum of thirty-
six (36) parking spaces and a maximum of forty-eight (48) parking spaces
in the City owned parking structure located at 300 East Fifth Street for an
initial six months period, at a monthly rate of $1,620 per month. After the
initial six months period, the agreement shall be for a subsequesnt period
of ten years, with two additional ten-year extensions, at a minimum
monthly rate of $2,160, subject to non -substantive changes approved by
the City Manager and City Attorney. (AGMT. No. 2018-140).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Solorio
Benavides, Martinez, Pulido, Sarmiento, Solorio,
Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25D. APPROVAL OF QUALIFIED CONSULTANTS TO PROVIDE PLANNING
SERVICES ON AN AS -NEEDED BASIS {STRATEGIC PLAN NO. 3, 3) —
Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
agreements, as provided in the attached template, approved as to form by
the City Attorney's Office, with no substantive changes, to engage each of
the 15 planning services firms listed below for a period of three years to
provide on-call planning services for the Planning & Building Agency at
the fees set forth in their responses to Request for Qualifications No. 17-
043. The total compensation for services provided by planning
consultants is a cumulative amount not to exceed $750,000 ($250,000 per
year), subject to non -substantive changes approved by the City Manager
and City Attorney. (AGMT. No. 2018-141).
CITY COUNCIL MINUTES 11 JUNE 5, 2018
Planning Service
AECOM Technical Services, Inc.
Annealta Group
Chamber Group Inc.
CSG Consultants, Inc.
Environment Planning
Development
Solutions, Inc. (EPD Solutions,
Inc.)
De Novo Planning Group
Dudek
Greenwood and Associates
Consultants:
Infrastructure Engineering
Corporation (IEC)
ICF Jones & Stokes, Inc.
(ICF)
Michael Baker International
Moore, lacofano, Goltsman,
Inc. (MIG)
PlaceWorks, Inc.
Rincon Consultants, Inc.
Sagecrest Planning and
Environmental, LLC
25E. APPROVE AN AGREEMENT WITH IDEXX LABORATORIES INC. TO
PROVIDE VETERINARY DIAGNOSTIC LABORATORY SERVICES TO THE
SANTA ANA ZOO {STRATEGIC PLAN NO. 5, 5C} — Parks, Recreation and
Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with IDEXX Laboratories Inc, to provide veterinary
diagnostic laboratory services to the Santa Ana Zoo from June 5, 2018
through June 4, 2019 with two, one-year renewal options for an amount
not to exceed $16,000 per year and a total agreement amount of $48,000,
subject to non -substantive changes approved by the City Manager and
City Attorney (AGMT. No. 2018-142).
25F. APPROVE AN AGREEMENT WITH WOOD ENVIRONMENT AND
INFRASTRUCTURE SOLUTIONS, INC., FOR COMMERCIAL/INDUSTRIAL
INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES
(STRATEGIC PLAN NO. 6, 1) — Public Works Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Wood Environment and Infrastructure
Solutions, Inc., formerly Amec Foster Wheeler Environment &
Infrastructure, Inc., to provide Environmental Consultant Services for the
Commercial and Industrial Inspection and Database Management program,
for a three-year term beginning July 1, 2018, and expiring June 30, 2021,
with provision for one 2 -year extension exercisable by the City Manager
and the City Attorney, in an amount not to exceed $325,000 per year,
including an annual contingency of $78,735, for a total amount not to
exceed $975,000 during the three-year term, subject to non -substantive
changes by the City Manager and City Attorney(AGMT. No. 2018-143).
25G. APPROVE AN AGREEMENT WITH CHARGEPOINT INC. FOR ELECTRIC
VEHICLE CHARGING STATION CLOUD NETWORKING SERVICES
{STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency
CITY COUNCIL MINUTES 12 JUNE 5, 2018
MOTION: Authorize the City Manager and Clerk of the Council to execute
Master Services and Subscription agreement with ChargePoint Inc. to
provide cloud networking services for City owned electric vehicle charging
stations effective June 5, 2018 until the expiration of all subscriber service
plans, subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2018-144).
25H. APPROVE THIRD AMENDMENT TO AGREEMENT WITH NEC
CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM
MAINTENANCE {STRATEGIC PLAN NO. 7, 2D) - Information Technology
Department
MOTION: Authorize the City Manager and the Clerk of the City Council to
execute a third amendment with NEC Corporation of America, Inc. to
provide maintenance and support services for the City's telephone system
for a one-year extension, beginning July 1, 2018, through June 30, 2019
with an optional one-year renewal, for an amount not to exceed $287,500,
which is comprised of the sum of $250,000 for on-site labor and support
services and 15% contingency of $37,500, subject to non -substantive
changes approved by the City Manager and City Attorney (AGMT. No.
2018-145).
251, APPROVE AGREEMENTS WITH APPLEONE, HB STAFFING, HELPMATES
FOR TEMPORARY EMPLOYEE STAFFING SERVICES AND AUTHORIZE
PAYMENT OF INVOICES TO STAFFMARK TEMPORARY STAFFING
AGENCY {STRATEGIC PLAN NO. 7, 5E) — Human Resources Department and
Clerk of the Council Office
MOTION:
1. Authorize the City Manager and Clerk of Council to execute agreements
for an initial three-year term beginning July 1, 2018 and ending June 30,
2021; with a City option for a two-year extension beginning July 1, 2021
and ending June 30, 2023 subject to non -substantive changes
approved by the City Manager and City Attorney. The total amounts
between these agreements is not to exceed $400,000 per fiscal year for
a total compensation not to exceed $1,200,000 over the initial three-
year period, and $800,000 over the optional two-year extension.
a. With AppleOne (AGMT. No. 2018-146)
b. With HB Staffing (AGMT. No. 2018-147)
c. With Helpmates (AGMT. No. 2018-148)
CITY COUNCIL MINUTES 13 JUNE 5, 2018
2. Authorize the City Manager and Clerk of Council to pay invoice to
Staffmark for payment of outstanding invoices in an amount not to
exceed $5,150.52.
25J. APPROVE AGREEMENTS WITH AECOM AND MVR CONSULTING FOR ON-
CALL SOFTWARE MAINTENANCE AND DEVELOPMENT SERVICES FOR
VARIOUS PUBLIC WORKS APPLICATIONS{STRATEGIC PLAN NO. 6, 1} —
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with AECOM and with MVR Consulting to provide on-call
software maintenance and development for the various Public Works
Agency custom software applications, for a two-year term beginning June
5, 2018, and expiring June 4, 2020; with a provision for a one-year
extension exercisable by the City Manager, in an aggregate amount not to
exceed $50,000 annually; and a total aggregate agreement amount not to
exceed $150,000 for the term of the agreements, subject to non -
substantive changes approved by the City Manager and City Attorney.
1. With AECOM (AGMT. No. 2018-149)
2. With MVR Consulting (AGMT. No. 2018-150)
MISCELLANEOUS - BUDGET
29A. APPROVE DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO
SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO.
5, 4} — 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 nonsubstantive changes approved by the
City Manager and the City Attorney, as follows:
1. Santa Ana FC Corp in support of on-going soccer activities for youth in
Santa Ana, in a one-time donation amount of $500 (Councilmember
Sarmiento);
2. Centro Cultural de Mexico En EI Condado de Orange in support EI Dia
del Nino event that occurred April 29, 2018, in a one-time donation
amount of $500 (Councilmember Benavides).
CITY COUNCIL MINUTES 14 JUNE 5, 2018
DEEDS — TRANSFER OF PROPERTY
30A. APPROVE SANTIAGO CREEK BOUNDARY LOT LINE ADJUSTMENT (2467
NORTH RIVERSIDE DRIVE) {STRATEGIC PLAN NO. 6, 11 — Public Works
Agency
MOTION: Continue consideration of matter, at the request of staff.
**END OF CONSENT CALENDAR**
CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO ADOLFO
SIERRA, ARTS AND CULTURE COMMISSIONER.
REGULAR BUSINESS CALENDAR
PUBLIC HEARINGS (ITEMS 75A - 75E WERE CONSIDERED OUT OF ORDER)
75A-1. PUBLIC HEARING — ADOPT THE FISCAL YEAR 2018-2019 CITY BUDGET
{STRATEGIC PLAN NO. 4, 2A} — Finance and Management Services
Legal Notice published in the Orange County Reporter on May 25, 2018 and
June 1, 2018.
Executive Director of Finance and
• FY 18-19 Proposed Total Citywide Budget
• FY 18-19 Proposed General Fund Budget
• Proposed Changes to Miscellaneous Fees
• FY 18-19 Proposed Capital Improvement Plan
• Next Steps
staff report:
CITY COUNCIL MINUTES 15 JUNE 5, 2018
Proposed FY 18-19 Citywide Budget
Expenditures: $541.2M
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Structural Deficit ($17.1M)
Enterprise Fund Compliance ($1.5M)
Ongoing Cost Reductions $4.40M
Ongoing Revenue Increases $3,10M
Unassigned Fund Balance $10.20M
Use of One -Time Revenue,N..,p..•>m.„ $0.25M
Net Adjustments $0.65M
Ongoing Cost Reductions $4.4M
• Departmental Budget Impacts (s1.2M)
• Cost Saving Strategies lsmp value -$1.SM)
• Reducing Strategic Plan Funding Level 1$700.1
• PERS Safety Prepayment Savings Is5WK)
Ongoing Revenue Increases $3.1M
• Commercial Cannabis($2.6M:1/3ofp.ojeaedammmt)
• User Fee Study I54WKpamalyead
• Advertising/Marketing Opportunities ($100K employee Rewmmewauons)
CITY COUNCIL MINUTES 16 JUNE 5, 2018
Police Department: $944K
Ongoing Cost Reductions: $459K
• $200K Aramark Contract Savings (bids came in lower than anticipated)
• $11$K Deletion of five part-time Correctional Services Officers vacancies or the equivalent oftwo FTE
• $910 Deletion of two Correctional Records Specialists vacancies (Replaced with four Part-time positions)
• $30K: Security Services at the Police Building's South Entrance no longer needed
Ongoing Revenue Increases: $485K
$198KAddltlonal Parking Related Revenue
$387K Reimbursementof School Resource Officer— OCSA
Parks & Library: $270K
• $#Olt Seek alternative funding for Sic and Plaza Navideaa events
• $SOK Closing ofthe tibraryon Sundays
• $SOK Reduce four part-time vacant positions assigned to Summer sport programs
• $50K Reduce landscape maintenance contract services
$40K Seek alternative funding for Catalina trip or reduce trip costs by 50%
Planning & Building: $169K
• $156K Reduction in contract services budget
• $1311 Reduction in operating materials&supplies
Public Works: $1011K
• $101K Reduction in utilities as a result of savings from Streetlight Project
All Other Departments (City Manager, City Attorney, City Clerk, CDA, Finance, HR): $240K
• Reductions in various line -Items: contract services & personnel costs tied to
position reallocations.
CITY COUNCIL MINUTES 17 JUNE 5, 2018
City Manager's Office
$40K
City Attorney
$53K
City Clerk
$16K
Community Development
$12K
Finance
$95K
pHuman Resources
$27K
CITY COUNCIL MINUTES 17 JUNE 5, 2018
Proposed FY 18-19
General Fund 11 Revenue Sources: $250.210
xnd V4Men'Tu iraxhW fef. LfexyDepxlbtWne Ml
a.arixbr LrNexiha S&5M iiAM iTnxhrMmhne3f
$131M \lax �3A% wM
lnterl fi% 0.f%
i$6.1m
ZA%
iA%
Vaenx., perm%.& nnx
smam
B.O., T.
$MGM
4.8%
Gnnah6Rda)d bwn0e•
S3O.fM
03hx R. ,..&LMC•'Cannabis Related Revenue:
$I Lim Medical Madjuana S2.3M
fA% Re-.ryivn Ueuvle Muh-Use Retail S5.5M
532,10 Mul)Ase comma ial:$2.6M
0%
NeMM.myilroperty"' Utlliry Weri ix "Indudx $1.110 In Sale of L.
$17
6.1% 52i0M
.f% 10.3% •^Indudx Tall Rewnw o!$]fi.OM
10
Proposed FY 18-19
General Fund 11 Expenditures: $260.410
�Ralu, RewaVan LUbnry,
$
i%
Tram)erteprole0lsaM
aeb))erviq,$13.)M
5%
`Other Includes: City Manager. $2.6M, City Attomey: $3.SM, Clerk: $1.7M, HR: $1.8M,
Cost Saving Strategies: ($1.SM), Bowers. $1.SM, CDA: $0.910
11
CITY COUNCIL MINUTES 18 JUNE 5, 2018
• FY 18-19 GF Expenditure 260AM:
• Assumes no new labor negotiated increases
• Reflects PERS increase of $5.9M
• Includes increase of OCFA & CARE Contract of $2.OM
• Includes the current projected ADP (average daily
population) of additional $1.9M in Jail Facility Revenue
Provides $1.9M to maintain current Police Officer
recruitment levels
• Reflects partial year funding for Enterprise Fund
compliance ($1.5M)
• Includes Additional Workers Comp. Funding of $1.OM
• Additional General Plan funding of $850K
• Includes $600K in funding for November elections
• Includes $250K in funding for Fiscal Assessment
• Includes $100K for Payroll Review
• Quality of Life Team & Homeless -
• Enterprise Fund Compliance
• Worker's Compensation
�• Liability Increases 1
• More Youth Programing
• Funding to Enhance Economic Dev.
• Additional Police Officer
Recruitments
• City Hall Seismic Retrofit
• Maintain Reserve Policy Funding
levels__
• SARTC Improvements
• Facility Deferred Maint. & Vehicles
• PERS Challenges
• information Technology
Infrastructure
CITY COUNCIL MINUTES 19 JUNE 5, 2018
Additions/Deletions
• General Fund — addition of 4 positions (3 Parking Control
Officers & 1 Payroll Manager)
• Non -General Fund — net addition of 1 Management Analyst
position
Reallocations
• General Fund Reallocation — 17 positions
• Non -GF Reallocation — 1 Risk Manager position
City Manager's Office
10
0
City Attorney's Office
15
0
Clerk of the Council
5
0
Community Development
46
0
ance& Management Services
105
1
Information Technology
17
0
Personnel5ervices
25
0
Planning Building
72
5
Police Department
634
50'
PBCSA&Ubrary
74
1
Public Works Aaencv
169
0
'Includes 36 Police Officers
CITY COUNCIL MINUTES 20 JUNE 5, 2018
The fees are adjusted annually to reflect the change in the Consumer Price
Index (CPI) — 3.88% (Los Angeles — Riverside — Orange County; Dec. 2017)
Includes 15 new fees
• PWA (12)—Water Meter
• CDA (2)—TEFRA Hearing
• PRCSA (1)— Filming Permit Processing Fee — Student
8 Modified feu
• PBA (6)—Solar
• Fire (1)— Emergency Base Rate/Transportation
• PRCSA(1)—Zoo Admissions
4 Deleted fns
• PWA (6) —Water Meter, Sewer Cleaning
• PBA (1)— Business Certificate of occupancy
• COTC(1)—Subscription of Agenda/Minutes
• PRSA (1) —Library Services
18119CAPITALIMPROVEMENT
PROGRAM (CIP)
$40,073"
R & 1602
060 Q &
DOIRy /
1bMLighting trnRe CRY FROM
pelg
ynrrwres elNreVelllnb Lltn0n0 hn 8,582.l l
$4,000,000ttsttr,2tt tu,7eEn7 � ,009,000 $esuset
• lune 19 - 2nd Reading of the Budget/CIP
• July 1 - New 2018-19 Fiscal Year Starts
Mayor Pulido opened the Hearing. The following spoke on the matter.
CITY COUNCIL MINUTES 21 JUNE 5, 2018
• Madalid de Paz, addressed City Council to request additional resources and
expressed support for item.
• Ruben Barreto, opined budget should reflect the needs of the city; seventy
percent of the general fund goes to public safety while only thirty percent is
used by City departments to share for community programs.
• Roberto Herrera, urged City Council to reinvest in universal representation,
attacks on immigrants are far reaching, and opined need to create a system
of support for families.
• Tania Sawczuk, opined City of Santa Ana became a leader when it instituted
the legal defense fund and no one should face exile simply because they
cannot afford an attorney; urged City Council to continue funding the legal
defense fund.
• Cynthia Felix, addressed City Council to request continued funding; helping
families navigate the immigration system is what the program is about.
• Jennifer Koh, noted that City is seen as a leader and visionary, need is
greater now than ever before, and requested continued support.
• Leonel Velazquez, expressed the need for more resources for the
community and expressed support for item.
• Joese Hernandez, urged City Council to vote for a fair budget that prioritizes
community needs, to be proactive in addressing the needs of the community,
and expressed support for universal legal representation.
• Citlali Ruiz, requested City Council to listen to the public they represent and
to act on the needs of Santa Ana.
• Angelica Quintana, opined current lack of youth investments; request funds
be redirect for youth development.
The Hearing Closed.
Council discussion ensued.
City Manager Godinez, opined top priority as new City Manager was to
determine the fiscal position of the City; goal to make proposed and future
budgets transparent. Highlighted new revenue generation sources; previous
direction to allocate one third of cannabis revenue for youth services, current
proposed budget does not allocate any cannabis revenue towards youth
services, and need to pass budget by July 31.
Mayor Pro Tem Martinez, noted inconsistencies with various previous City
Managers; expressed opposition to proposed budget and use of one time funds
to balance the budget; need to pursue a forensic audit, to modernize
government, to understand City financial position before giving any raises, and
proposed penny tax to be placed on the ballot.
CITY COUNCIL MINUTES 22 JUNE 5, 2018
Councilmember Tinajero, opined not everyone is confused about the budget,
budget changed because scenario changed, and need to continue funding
community legal representation; former City Manager slowed downed hiring
process from various departments, previous financial audit and subsequent
double "A" rating.
Councilmember Sarmiento, echoed statements made by Councilmember
Tinajero; challenges in passing budget; asked if item requires five votes and if
item can be continued and still meet budget deadline.
Councilmember Benavides, asked staff to clarify cannabis revenue and revenue
amount used in proposed budget; direction to allocate adult use retail and
commercial revenue in thirds to general fund, enforcement, and youth services
with the goal to enhance city services; proposed budget does not allocate
cannabis revenue as directed by City Council.
Councilmember Solorio, opined all municipalities face projected deficits;
expressed concern that formal action by City Council is not being carried out by
staff and need to consider penny tax; police staff is operating at half the rate
needed.
Councilmember Villegas, noted public safety is a priority and City operating at
half of the officer ratio; highlighted difficulty in hiring qualified individuals.
MOTION; Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Pulido, Sarmiento, Solorio Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
AGENDA ITEM CONSIDERED OUT OF ORDER
85C. TO ALLOW GODINEZ HIGH SCHOOL TO ENHANCE ITS SECURITY
CONTROLS ON IT'S MAIN CAMPUS, AND TO REDUCE THE CITY OF
SANTA ANA'S SCHEDULING AND MAINTENANCE OBLIGATIONS RELATED
TO THE JOINT USE AGREEMENT IN PLACE AT GODINEZ HIGH SCHOOL,
DIRECT CITY STAFF TO WORK WITH SANTA ANA UNIFIED SCHOOL
DISTRICT TO AMEND THE AGREEMENT TO EXCLUDE THE PHYSICAL
CITY COUNCIL MINUTES 23 JUNE 5, 2018
BUILDINGS AND PARKING STRUCTURE FROM THE SCOPE OF THE
AGREEMENT (Councilmembers Solorio and Tinajero)
The following spoke on the matter:
• Joyce Feuerborn, Godinez High School teacher, opined joint use agreement
is not working well, and Godinez has first rate academics but second rate
athletic facilities; expressed concern school is being charged by City to use
its own facilities.
Council discussion ensued.
Councilmember Villegas, provided City Council with report on how joint use
works with Godinez High School. Noted several facilities are open to free use by
the high school.
Councilmember Tinajero, asked Staff to clarify if the City of Santa Ana is
charging Godinez High School to use their facilities; commented on difficulty of a
principal in a school that does not have control of their infrastructure; buildings
are owned by the school district, past pressure to include buildings in joint use
agreement at the time it was created, and City's request for a land swap for the
water tower; opportunity to have school program their own facility use that does
not exclude anyone.
Director Mouet, noted City does not charge the high school to use joint use
facilities, but does charge a miscellaneous fee for field five, six, and part of the
soccer complex that is part of the park. Informed City Council the school district
charges its own school to use the facilities and how the fees are administered
and ultimately transmitted to the school district.
Mr. Church, thanked City Council for considering allowing Godinez High School
to enhance the security control of the main campus. Requested City Council to
amend the joint use agreement, to prioritize use to the high school, and address
maintenance costs.
Councilmember Solorio, expressed support for all educational institutions; asked
if City earns any revenue towards the general funds from joint use reservation
services and if there are any community complaints; joint use agreement is over
ten years old and needs to be fine-tuned, importance of giving school more
control over who comes on campus, and benefit to have school staff more
involved.
Councilmember Benavides, noted joint use agreement allowed school to build
some amenities on the park side with the understanding that it would be open
for public use, and priority would be given to the high school; expressed concern
that joint use portion of the agreement should be eliminated, possible deed
restriction violation if this occurred, and school district water tower land
negotiations.
CITY COUNCIL MINUTES 24 JUNE 5, 2018
Councilmember Sarmiento, opined joint use agreements over time become
stale, need to be fair, and opportunity to revisit item.
75A-2. PUBLIC HEARING — ADOPT THE FISCAL YEAR 2018-2019
MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN 4, 2A} — Finance and
Management Services
Legal Notice published in the Orange County Reporter on May 25, 2018 and
June 1, 2018.
MOTION: Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Sarmiento (2)
75A-3. APPROVE PRE -PAYMENT FOR THE CITY'S ANNUAL UNFUNDED
ACTUARIAL LIABILITY TO CALIFORNIA PUBLIC RETIREMENT SYSTEM —
SAFETY PLAN FOR FISCAL YEAR 2018-19 {STRATEGIC PLAN NO. 4, 2D) —
Finance and Management Services
MOTION: Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Pulido, Solorio, Tinajero, Villegas (5)
None (0)
None (0)
Martinez, Sarmiento (2)
CITY COUNCIL MINUTES 25 JUNE 5, 2018
75B. PUBLIC HEARING — UPDATING SOLAR STREAMLINING ORDINANCE FOR
SOLAR ENERGY SYSTEMS, ESTABLISH REVISED MAXIMUM FEES FOR
SOLAR ENERGY SYSTEMS, AND ESTABLISH MAXIMUM PERMIT FEES
FOR THERMAL ENERGY SYSTEMS, EXTENDING APPLICABILITY OF
LIMITS ON SOLAR ENERGY SYSTEM FEES AND EXTENDING REPEAL
DATE TO JANUARY 1, 2025 {STRATEGIC PLAN NO. 3, 3; 5, 21 — Planning and
Building Agency
Legal Notice published in the Orange County Reporter on May 25, 2018 and
June 1, 2018.
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 -2950 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA
MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR
SOLAR ENERGY SYSTEMS
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Pulido, Solorio, Tinajero, Villegas (5)
None (0)
None (0)
Martinez, Sarmiento (2)
75C. PUBLIC HEARING — APPEAL NO. 2018-02 OF CONDITIONAL USE PERMIT
NO. 2018-01 TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING
THE OPERATION OF A K-12 SCHOOL FOR CITRUS SPRINGS CHARTER
SCHOOL LOCATED AT 2121 NORTH GRAND AVENUE, CITRUS SPRINGS
CHARTER SCHOOL — APPLICANT {STRATEGIC PLAN NO. 3, 2} — Planning
and Building Agency
Planning Commission motion to approve Conditional Use Permit (CUP) No.
2018-01 on March 12, 2018 failed by a vote of 2-4 (Bacerra, McLoughlin,
Mendoza and Verino dissented, Alderete absent). Legal Notice published in the
Orange County Reporter May 25, 2018 and notices mailed on said date.
Continue consideration of matter to the June 19, 2018 City Council
meeting, at the request of the applicant.
CITY COUNCIL MINUTES 26 JUNE 5, 2018
75D. PUBLIC HEARING — ABANDONMENT NO. 18-01: TO VACATE PORTION OF
PUBLIC ALLEY AND BUSH STREET, THE HAMPTON INN HOTEL PROJECT
{STRATEGIC PLAN NO. 3, 2) —Public Works Agency
City Council adopted a resolution of the City's intent to vacate on May 1, 2018
by a vote of 6-0 (Tinajero absent). Legal Notice published in the Orange County
Reporter on May 25, 2018 and June 1, 2018.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
Closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-036 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY LOCATED
BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A
PORTION OF BUSH STREET (ABANDONMENT NO. 18-01)
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Sarmiento (2)
75E. PUBLIC HEARING —ABANDONMENT NO. 18-02: TO VACATE PORTIONS OF
BAKER, BERKELEY, AND OCCIDENTAL STREETS, MATER DEI HIGH
SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT
{STRATEGIC PLAN NO. 3, 21 — Public Works Agency
City Council adopted a resolution of the City's intent to vacate on May 1, 2018
by a vote of 6-0 (Tinajero absent). Legal Notice published in the Orange County
Reporter on May 25, 2018 and June 1, 2018.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
Closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-037 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING PORTIONS OF BAKER STREET,
CITY COUNCIL MINUTES 27 JUNE 5, 2018
BERKELEY STREET, AND OCCIDENTAL STREET (ABANDONMENT NO. 18-
02)
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
SECOND: Villegas
Benavides, Pulido, Solorio, Tinajero, Villegas (5)
None (0)
None (0)
Martinez, Sarmiento (2)
55A. GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 6, 2018; REQUESTING BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE CITY OF SANTA ANA GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND
SUBMISSION OF A PROPOSED CHARTER AMENDMENT REGARDING BY
WARD ELECTIONS FOR VOTER CONSIDERATION {STRATEGIC PLAN NO.
5, 1) — Clerk of the Council Office
The following spoke on the matter:
• Madalid de Paz, opined the general election is unjust because it benefits the
police union; expressed support for item, district wide elections, and a just
redrawing of the map.
• Leonel Velazquez, community organizer with OCCCO, opined Santa Ana
voters need more representation, need to end abuse of authority, and
expressed support for item.
• Ruben Barreto, expressed support for item, equitable representation, and
need for district based elections.
• Theresa Le, addressed City Council to request district based election to be
placed on November ballot; process is becoming oppressive, need to end
further delays, and expressed support for item.
• Joese Hernandez, expressed support for district ward elections.
Council discussion ensued.
Councilmember Benavides, expressed support for item and opined it is time to
move forward and place item on the ballot; asked staff to clarify any urgency in
moving item.
CITY COUNCIL MINUTES 28 JUNE 5, 2018
Councilmember Solorio, opined need to tie item to ward map consideration in
order to address violation of California Voters Rights Act, special counsel review
of item; proposed continuing the item.
City Attorney Carvalho, noted City Council does not have to take action on item;
legal deadline is in July.
Councilmember Sarmiento, expressed support for district elections; noted
upcoming settlement conference and possibility of undoing the work the court
can do to help accelerate the change to a by district system.
MOTION: Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
55B. RESOLUTION REGARDING APPROVAL OF APPEAL NO. 2017-05 OF SITE
PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO
ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260 -UNIT MIXED-USE
BUILDING `THE MADISON" AT 200 NORTH CABRILLO PARK DRIVE —
CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT{STRATEGIC PLAN
NO. 3, 2} — Planning and Building Agency
The following spoke on the matter:
• Thomas Cartney, opined City has opportunity to give a new face to Santa
Ana and current redevelopment is appropriate for the area; concerned with
2525 Main Street development, impact on neighborhood, and opined
development is not appropriate for the site.
Councilmember Benavides, requested staff to provide update on negotiations
between applicant and property owner; opined project would alleviate traffic in
the area; supports item.
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-038 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING APPEAL NO. 2017-05 AND
CITY COUNCIL MINUTES 29 JUNE 5, 2018
REVERSING THE PLANNING COMMISSION'S DENIAL OF SITE PLAN
REVIEW NO. 2016-03, VARIANCE NO. 2017-05 FOR A REDUCTION IN
PARKING, AND VARIANCE 2017-06 FOR THE INCREASED SIDE YARD
SETBACK, AS CONDITIONED, FOR THE DEVELOPMENT OF THE
PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
ADMINISTRATIVE MATTERS - BUSINESS
60A. RECEIVE AND FILE THE REAL PROPERTY DISPOSITION ADMINISTRATIVE
POLICY {STRATEGIC PLAN NO. 3, 5A} - Community Development Agency
Continued from the May 1, 2018 City Council meeting by a vote of 5-0 (Martinez
and Pulido absent).
The following spoke on the matter:
• Karen Romero Estrada, addressed City Council to expressed support for
land disposition policy that would serve both City and community interests,
facilitate equitable development, and ensure community benefit.
• Joese Hernandez, opined land is a valuable resource, land should be used
to address needs, and need to prioritize community benefit; opposed to item.
Councilmember Benavides, noted several community meetings held, proposed
policy reflects different priorities, and expressed interest in meeting with
community groups.
MOTION: Continue consideration of matter for 30 days.
MOTION: Benavides
VOTE: AYES:
SECOND: Tinajero
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
CITY COUNCIL MINUTES 30 JUNE 5, 2018
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
REPORTS
65A. REVIEW AND APPROVE THE CITY COUNCIL RECOGNITION POLICY
{STRATEGIC PLAN NO. 1-7) — City Manager's Office
Councilmember Sarmiento, noted recommendation to set internal policy to be
more efficient, allow one recognition per meeting, starting close session earlier
or possibly recess at 6pm, and imposing a three-minute time limit on
Councilmember comments.
Councilmember Tinajero, directed Clerk to monitor Councilmember comment
time and to inform chair once time has been exceeded.
MOTION: Modify policy and bring back to City Council for consideration;
and direct Clerk of the Council to monitor City Councllmembers time when
speaking on agenda matters.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
65B. CONSIDERATION OF OPTIONS TO FUND PUBLIC IMPROVEMENTS
SUPPORTING THE MATER DEI HIGH SCHOOL PARKING STRUCTURE
EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 2) — Public Works Agency
Continued from the May 15, 2018 City Council meeting by a vote of 4-2 (Mayor
Pro Tem Martinez and Councilmember Tinajero dissented and Councilmember
Sarmiento absent).
The following spoke on the matter:
CITY COUNCIL MINUTES 31 JUNE 5, 2018
• David De Leon, opined need to get to the substance of the issue, to no
longer table items, and limit discussion time; concerned with allocation of
funds; Mater Dei is supported by the Catholic church.
• Joese Hernandez, expressed concern over public schools lack of funding,
Mater Dei's request for funds that should go to underfunded public schools,
and opined need to support public schools and not just private schools.
• Margarita Gonzalez, expressed opposition to item, concern over lack of
parking, and disrepair of streets.
• Olga Olivares, urged City Council to vote no on the funding; public schools
need support; funding private school hurts public schools.
• Valerie Amezcua, representing the Santa Ana Unified School District, noted
that District has a 93% graduation rate; considerable investments made in
arts, drama, mental health, and expansion of programs; concerned that City
Council support of a private entity and not public school.
• Patrick Murphy, noted Mater Dei High School is not requesting any funds
from the City of Santa Ana and clarified Mater Dei is asking City Council to
direct staff to communicate with OCTA regarding excess revenue from
Bristol Street widening project that can be used to improve city streets in the
area; public safety improvements for the benefit of the residents and not the
students of the students.
Staff presented options to fund public improvements of Mater Dei High School
Expansion Project:
CITY COUNCIL MINUTES 32 JUNE 5, 2018
TransferAny Savings from Right of Way
Phase of Bristol Street —Warner to St.
Andrew
Right-of-way phase nearly complete
All programmed funds for ROW
phase have been expended, and
there is currently a shortfall
Re -Scoping Bristol —Warner to St. Andrew -
Project to Include Signal
- Reducing Segment or Eliminating Project
elements not feasible
Project scheduled to begin 2019
Any potential contingency savings would not be
available until 2020.
Project is currently underfunded ($5.1 Million)
Current cost estimate is $32.9 Million
• Current available funds $27.8 Million
• Staff pursuing grants and property sales to fill
funding gap
Local Gas Tax Proceeds from Sale of
Remnant Properties
Property Sales Pending Property Disposition Policy
Proceeds to be used on Bristol Street
Fill project funding gaps
Utility undergrounding
However, City could designate $482,000 for traffic signal
California Senate Bill 1 Funding
Annual Revenue Estimated to be $5.8 million- subject to
repeal
Fiscal Year 2018-2019:
Funds are programmed and list of projects have been
submitted to California Transportation Commission
Fiscal Year 2019-2020 and 2020-2021:
• Funds are planned for roadway repair
• Delay of roadway rehab would increase cost
• Council could defer other projects and recommend $732,000
for:
• $482,000 -Traffic Signal
• $250,000 - St. Andrew Road Repair
Council discussion ensued.
Mayor Pulido, motion to allow Mater Dei to meet with OCTA officials to identify
non -city funds (excess Bristol improvement funds) to be made available (for
proposed project); Mater Dei has committed to improve alley way and make
curb -cuts that have in the past been City's obligation. Noted that any unused
money from Bristol Street project will be returned to OCTA, need to maximize
the utilization of project money so that it stays in the City, and potential benefits
to the community. Directed staff to not use any city funds and to only use excess
funds from Bristol Street improvements.
Councilmember Tinajero, expressed concern money from Bristol Street project
is not going towards repairing streets, residents near Mater Dei are not
demanding street repairs, and concern over providing money to a private
institution at a time when City has a budget crisis; Council has supported Mater
Dei and project should have budgeted for repairs and not request funds from
City; opposed to item.
Councilmember Benavides, highlighted school district public improvements and
Mater Dei accomplishments; expressed support of item and concern over
disparaging comments; street improvements being considered are imposed by
the City, Mater Dei has made significant investments in the City, public-private
partnerships benefit the City, and Mater Dei's request is reasonable.
CITY COUNCIL MINUTES 34 JUNE 5, 2018
Councilmember Villegas, expressed support for all schools and concern over
current parking issues in the community; commended Mater Dei for starting
parking structure project. Noted inability to support project if City could not afford
it.
Councilmember Sarmiento, opined City should not assist private school, will only
consider supporting item if excess Bristol Street project funds available could not
be used for other City needs and is cost neutral to the City.
City Manager Godinez, provided City Council with memo from OCTA listing
potential options, status of program funding, and alternative funding options.
Councilmember Solorio, reflected on inability to differentiate children based on
where they attend school; approximately 450 Mater Dei students are Santa Ana
residents, significant amount of students attend other schools, and need to
continued partnering with this and other schools.
MOTION: Authorize staff to work with Mater Dei High School and Orange
County Transportation Authority (OCTA) in identifying and use of OCTA
surplus funds, if any, for the campus parking structure expansion.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Solorio
Benavides, Pulido, Solorio, Villegas (4)
Sarmiento, Tinajero (2)
None (0)
Martinez (1)
AGENDA ITEM CONSIDERED OUT OF ORDER
85B. DIRECT STAFF TO SUBMIT A LETTER OF SUPPORT FOR THE UPCOMING
STATE SENATE HEARING ON CALIFORNIA BILL 2943, THE PROPOSED
LAW WOULD CONSIDER THE SALE, OR SELLING OF SERVICES
CONSTITUTING SEXUAL ORIENTATION CHANGE EFFORTS AS AN
UNLAWFUL BUSINESS PRACTICE (Councilmembers Sarmiento and Tinajero)
Councilmember Villegas, opined need to respect people's beliefs and expressed
concern how individuals can be told not to seek a counselor.
Councilmember Sarmiento, noted conversion therapy services are targeting
parents and children and therapy attempts to change an individual's sexual
orientation. Expressed concern these services are preying on families.
CITY COUNCIL MINUTES 35 JUNE 5, 2018
Councilmember Tinajero, expressed concern of conversion therapy and need to
protect young individuals.
MOTION: Direct staff to draft letter of support.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES:
Benavides, Pulido, Sarmiento, Solorio, Tinajero (5)
NOES:
None (0)
ABSTAIN:
Villegas(1)
ABSENT:
Martinez (1)
*Councilmember Tinajero left the meeting at 11 p.m. and did not return.
65C. APPROVE SUBMISSION TO THE VOTERS AT THE NOVEMBER 6, 2018
MUNICIPAL ELECTION: A SALES TAX MEASURE FOR MUNICIPAL
SERVICES {STRATEGIC PLAN NO. 4, 3) — City Manager's Office
MOTION: Continue consideration of matter to the June 19, 2018 City
Council Meeting.
MOTION: Pulido SECOND: Sarmiento
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Tinajero (2)
65D. SELECT AND APPOINT REPRESENTATIVE TO THE TRANSPORTATION
CORRIDOR AGENCY {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council
Office
MOTION: Confirm appointment of Mayor Pro Tem Martinez to serve on the
Transportation Corridor Agency.
MOTION: Benavides SECOND: Sarmiento
CITY COUNCIL MINUTES 36 JUNE 5, 2018
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Tinajero (2)
65E. COUNCIL COMMITTEE APPOINTMENTS - PUBLIC SAFETY, CODE
ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT; AND TO THE
ECONOMIC DEVELOPMENT, INFRASTRUCTURE AND TECHNOLOGY
COMMITTEES {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Confirm appointment of Councilmember Benavides to serve on
the Economic Development, Infrastructure and Technology Committee.
MOTION: Sarmiento
SECOND: Pulido
VOTE: AYES:
Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Martinez, Tinajero (2)
65F. DIRECT STAFF TO INITIATE THE PROCESS TO ANNEX THE 17TH STREET
AND TUSTIN AVE. COUNTY OF ORANGE UNINCORPORATED ISLAND
{STRATEGIC PLAN NO. 3, 5A} — City Manager's Office
MOTION: Direct staff to initiate the process to annex the 17th Street and
Tustin Ave. County of Orange unincorporated island, and continue
discussions with the County and Orange County Local Agency Formation
Commission regarding annexation.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Solorio
Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
None (0)
None (0)
Martinez, Tinajero (2)
37
JUNE 5, 2018
65G. GENERAL PLAN UPDATE {STRATEGIC PLAN NO. 3,2A} — Planning and
Building Agency
Councilmember Benavides, asked staff to clarify anticipation of General Plan
update completion.
MOTION: Receive and file.
MOTION: Sarmiento
SECOND: Solorio
VOTE: AYES:
Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Martinez, Tinajero (2)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place
items on the City Council Agenda to be considered by the City Council.
85A. DISCUSS AND DIRECT STAFF TO PREPARE AN EMERGENCY
ORDINANCE ON PERMANENT SUPPORTIVE HOUSING AND IDENTIFY
POTENTIAL SITES; AND AN EMERGENCY ORDINANCE AND IDENTIFY KEY
SITES FOR MOTEL CONVERSION (Mayor Pro Tem Martinez)
MOTION: Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
None (0)
None (0)
Martinez, Tinajero (2)
CITY COUNCIL MINUTES 38 JUNE 5, 2018
WORK STUDY SESSION
WS. DRAFT ORDINANCE - WORKER COOPERATIVE (SMALL BUSINESS
ORDINANCE)
MOTION: Continue consideration of matter to the June 19, 2018 City
Council meeting.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Tinajero (2)
RECESSED CITY COUNCIL MEETING AT 11:06 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:07 P.M.
COMMENTS
PUBLIC COMMENTS
• Jesus Hernandez, addressed City Council to present list of deteriorating sports fields,
injuries caused by the lack of maintenance, and requested maintenance be performed.
• Leticia Hernandez, President of Memorial Park Little League, echoed statements made by
Jesus Hernandez.
• Dale Helvig, expressed opposition to 2525 Main Street development project.
• Patty Maize, opined 2525 Main Street development is the wrong project for that land,
traffic congestion is a problem, and requested City Council to not support item.
• Ted Moreno, Vice President for PTSD at Godinez High School, opined joint agreement
use does not allow ability to have pool, football field, soccer field, or tennis court.
Requested City Council to support amendment of joint use agreement.
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, informed City Council of upcoming Grand Opening at the
Depot at Santiago on June 14, Roosevelt Walker ribbon cutting ceremony on
June 25, 2018, and provided update on water rate passage.
CITY COUNCIL MINUTES 39 JUNE 5, 2018
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Provided update on Board of Supervisors meeting, Chairman Do's hostility
towards City staff, and ongoing concerns of outpatient homeless facility.
Councilmember Solorio:
• Informed all of City staff success in securing $5 million for water meter project
and sewer project;
• Possibility of pursuing a public nuisance charge against the outpatient homeless
facility that Councilmember Sarmiento attempted to address at the Board of
Supervisors meeting.
Councilmember Villegas:
• Thanked Police Chief Valentin and all officers who attended the Orange County
Peace Officer Memorial event.
Councilmember Benavides:
• Commented on many positive events located within the City and encouraged
the community to take advantage of what the City has to offer.
Mayor Pulido:
• Adjourned in memory of Allen E. Doby and Luis Verduzco.
NOTE: Pursuant to AB1234 requirement reported that Mayor Pro Tem Martinez
attended the RECON Annual Conference in Las Vegas, NV on May 20-22, 2018
ADJOURNMENT - 11:33 P.M. - The next meeting of the City Council will be held on Tuesday,
June 19, 2018 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.
In Memory of
Allen E. Doby, former Executive Director of Parks,
Recreation and Community Services Agency;
and
Luis Verduzco, Water Services Equipment Operator,
Public Works Agency -Water Resources Division
Ma
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
Policy on Use of General Reserve and Enterprise Funds
Amendment to Metro East Mixed -Use Overlay District
Jail Reuse Study
CITY COUNCIL MINUTES 40 JUNE 5, 2018