HomeMy WebLinkAbout2018-07-17 RegularMINUTES OF THE SPECIAL AND REGULAR
CITY COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 17, 2018
SPECIAL AND REGULAR
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:16 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO (5:30 p.m.)
SAL TINAJERO (5:20 p.m.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, Il, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
(5:18 p.m.)*
TELECONFERENCE*
Mayor Pro Tem Martinez participates in the meeting via telephone conference call from
Doubletree Suites, 400 Soldiers Field Road, Boston, MA 02134. The Agenda was posted
at the teleconference location and meeting conducted in a manner that protects the rights
of any party or member of the public appearing before the legislative body.
PUBLIC COMMENTS - None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:17 PM
CITY COUNCIL MINUTES 1 JULY 17, 2018
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:
a. Carlos Roias v City of Santa Ana, Orange County Superior Court Case
No. 30-2017-00946219-C U -O E -CJ C
b. Theresa Le v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30-2018-00988425-CU-CR-CJC
C. Tom Overn vs. City of Santa Ana, WCAB Case Nos: 1.) ADJ8299259; 2.)
ADJ8299261
d. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S.
District Court (Central District of California), Case No. SA CV 18 -0155 -
DOC (KESx)
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, 1
Executive Director of Human Resources
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 (SEIU)
Part -Time
Confidential Association of Santa Ana (CASA)
• Santa Ana Management Association
(SAMA)
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at
the Regular Meeting which will begin immediately following the Closed Session Meeting.
RECESSED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION.
AT 6:35 P.M.
CITY COUNCIL MINUTES 2 JULY 17, 2018
REGULAR CITY COUNCIL MEETING
OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:37 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
MICHELE MARTINEZ, Mayor Pro Tem
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
DR. CURTIS SMITH. POLICE CHAPLAIN
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Peoples' History of Orange County Summer Enrichment Program for contributions to the
community.
CLOSED SESSION REPORT — See Agenda Item 19A for reportable action.
PUBLIC COMMENTS
• Alicia Rojas, spoke on Agenda Item 25C, opined conflict of interest in awarding Media
Arts Santa Ana a grant and expressed concern with lack of transparency in the Request
for Proposal process and candidate for City Council that is on the Arts and Culture
Commission.
CITY COUNCIL MINUTES 3 JULY 17, 2018
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar items 10A
through 251):
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
MINUTES
SECOND: Tinajero
Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6)
None (0)
None (0)
Martinez (1)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF JULY 3, 2018 {STRATEGIC
PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Approve Minutes.
NOTICE OF PUBLIC HEARINGS
12A. SET A PUBLIC HEARING DATE TO CONSIDER ADOPTING A RESOLUTION
TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT ON WARNER
AVENUE FROM MAIN STREET TO GRAND AVENUE {STRATEGIC PLAN NO.
6, 1 C, 1 G} —Public Works Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-052 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO
ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 37, WARNER
AVENUE FROM MAIN STREET TO GRAND AVENUE, AND CALLING A
PUBLIC HEARING TO DETERMINE WHETHER SUCH DISTRICT SHALL
BE FORMED
2. Set a public hearing on October 16, 2018.
CITY COUNCIL MINUTES 4 JULY 17, 2018
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT JOSEPH ACEVEDO TO THE YOUTH COMMISSION FOR A
PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 5
REGULAR REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
MOTION: Nominate Joseph Acevedo for an appointment to the Youth
Commission as a Regular Member representing Ward 5 (replaces M.
Buitron).
13B. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO.
5, 11 - Clerk of the Council Office
MOTION: Receive and file.
NAME MEETING DATE
Public Safety, Code Enforcement and 3/13/2018 and 5/8/2018
Neighborhood Empowerment Committee
Santa Ana Unified School District and City of Santa Ana 1/29/2018
Joint Policy Committee
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement agreement as follow:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
a. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District
Court (Central District of California), Case No. SA CV 18 -0155 -DOC (KESx);
Approved a settlement in the amount of $1,500,000 by a vote of 6-0 (Solorio
absent).
19B. EXCUSED ABSENCES — NONE
19C. STRATEGIC PLAN MONTHLY REPORT FOR JUNE 2018 {STRATEGIC PLAN
NO. 5, 11 - City Manager's Office
The Strategic Plan Monthly Reports are available on the City's website at:
http://www.santa-ana.org/strategic-planning .
CITY COUNCIL MINUTES 5 JULY 17, 2018
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE AN APPROPRIATION ADJUSTMENT AND SECOND
AMENDMENT TO ORANGE COUNTY STREETCAR DESIGN COOPERATIVE
AGREEMENT; AND AUTHORIZE EXECUTION OF PURCHASE AND SALE
AGREEMENT FOR EASEMENT ACQUISITION: CITY HALL PARKING
STRUCTURE (TRACTION POWER SUBSTATION AND PUBLIC UTILITY
EASEMENT) (NONGENERAL FUND) (PROJECT NO. 17-6766) {STRATEGIC
PLAN NOS. 3, 2C & 4B; 6, 1G) Public Works Agency; and Parks, Recreation
and Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
second amendment to the cooperative agreement (C-5-3583) with the
Orange County Transportation Authority for design of the OC Streetcar
Project, to reflect the transfer of the agreed-upon easements from the
City of Santa Ana, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2018-174).
2. Authorize the City Manager and Clerk of the Council to execute a
Purchase and Sale Agreement for two easements (APNs 008.067-47,
398-221-23, 008-068-09, 398-351-04, -05, -07, -08) to be purchased by the
Orange County Transportation Authority in the amount of $200,000,
subject to non -substantive changes approved by the City Manager and
City Attorney (AGMT. No. 2018-175).
3. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2019-005 - Recognizing income
from the sale of the two easements in the amount of $200,000 into the Select
Street Construction Revenue Account, and appropriating the same into the
Select Street Construction Expenditure Account.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD CONTRACTS TO SAFETY NETWORK TRAFFIC SIGNS, INC., AND
SAFEWAY SIGN COMPANY FOR SIGNS, HARDWARE, AND ACCESSORIES
(SPEC. NO. 18-035) (STRATEGIC PLAN NO. 6, 1) - Finance and Management
Services Agency; Public Works Agency; and Parks, Recreation and Community
Services Agency
CITY COUNCIL MINUTES 6 JULY 17, 2018
MOTION: Award contracts to Safety Network Traffic Signs, Inc., and
Safeway Sign Company for traffic signs, hardware, and accessories for a
one-year period from July 1, 2018 through June 30, 2019, with provisions
for two one-year renewals exercisable by the City Manager, in an annual
aggregate amount not to exceed $30,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. ACCEPT CONSTRUCTION COMPLETION FOR THE SAFE ROUTES TO
SCHOOL ENHANCEMENTS AT HENINGER ELEMENTARY PROJECT
(PROJECT NO. 16-6870) {STRATEGIC PLAN NO, 6, 1B & 1G) — Public Works
Agency
MOTION: Accept the work as completed for the construction of the grant -
funded Safe Routes to School Enhancements at Heninger Elementary
project.
25A. APPROVE AGREEMENT WITH THE CITY OF IRVINE TO PROVIDE JAIL
BOOKING SERVICES (FINGERPRINTING, PHOTOGRAPHING AND
CITATION SIGN -OFF) FOR CITABLE OFFENDERS {STRATEGIC PLAN NO.
1, 41 — Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a three-year agreement with the City of Irvine to receive jail
booking services from the Santa Ana Police Department for the period of
August 1, 2018 through July 31, 2021 in the amount of $146 per prisoner
day, subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2018-176).
25B. APPROVE AGREEMENT WITH MICHAEL BAKER, INC., FOR CIVIC CENTER
STORMWATER LIFT STATION ENGINEERING DESIGN SERVICES
(PROJECT NO. 17-2675) {STRATEGIC PLAN NOS. 6, 113; 1C; 1G) — Public
Works Agency; and Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Michael Baker, Inc., for a three-year term beginning
July 18, 2018 and expiring on July 17, 2021, with the option of two one-
year renewal options exercisable by the City Manager and the City
Attorney, to provide consulting design services for the Civic Center
Stormwater Lift Station project, in the total amount not to exceed $171,675,
which includes a 15.59% contingency in the amount of $23,160, subject to
CITY COUNCIL MINUTES 7 JULY 17, 2018
non -substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-177). f
25C. APPROVE INVESTING IN THE ARTIST GRANT PROGRAM FOR FISCAL
YEAR 2018-2019 AND AGREEMENTS WITH ARTIST AND ART
ORGANIZATIONS (STRATEGIC PLAN NO. 5, 5B) — Community Development
Agency
Arts and Culture Commission approved recommended action on July 2, 2018 by
a vote of 4-0 (Pena and Rubio absent).
MOTION:
1. Approve the Arts and Culture Commission's recommendations for
Fiscal Year 2018-2019 Investing in the Artist Grant Opportunity in the
amount of $70,000;
2. Authorize the City Manager and the Clerk of the Council to execute
agreements with the following artists and art organizations to receive
Investing in the Artist Grant Opportunity funds for a period of one year,
beginning July 17, 2018 and expiring July 16, 2019, subject to non -
substantive changes approved by the City Manager and City
Attorney(AGMT. No. 2018-178).
a. Marina C. Aguilera (Artist) will create a mosaic tile public art piece in
downtown depicting Santa Ana's green parrots, in the amount of
$3,000; (AGMT. No. 2018-178-01).
b. Rogelio Reyes aka Roger Eyes R. (Artist) will create portraits of past
and present labor workers from Santa Ana exhibit them at the
Downtown Art Walk, in the amount of $3,000; (AGMT. No. 2018-178-
02).
c. Kimberly Janet Duran (Artist) will create a public art exhibition in
downtown, in the amount of $2,000; (AGMT. No. 2018-178-03).
d. Greg Camphire (Artist) will provide two musical performances at the
Heritage Museum and the Santa Ana Public Library highlighting
people, places, and histories of Santa Ana, in the amount of $2,000;
(AGMT. No. 2018-178-04).
e. Ann Phong (Artist) will produce an art exhibition highlighting
environmental awareness themes at the John Wayne Airport and the
Vietnamese American Arts & Letters Association (VAALA), in the
amount of $2,000; (AGMT. No. 2018-178-05).
CITY COUNCIL MINUTES 8 JULY 17, 2018
f. Bud Herrera (Artist) will create murals in downtown with images
from the city's history and cultural heritage, in the amount of $2,000;
(AGMT. No. 2018-178-06).
g. Vietnamese American Arts & Letters Association (Organization) will
produce a free filmmaking workshop series that will engage Santa
Ana youth in digital filmmaking and storytelling, in the amount of
$6,820; (AGMT. No. 2018-178-07).
h. The Orange County Center for Contemporary Art (Organization) will
provide a 3 -month series of hands-on workshops, art field trips, and
guest artist presentations to students from the Santa Ana Unified
School District, in the amount of $6,770; (AGMT. No. 2018-178-08).
i. Media Arts Santa Ana (Organization) will provide a multifaceted,
multi -venue tribute to science fiction author and former Santa Ana
resident Phillip K. Dick with free admission to Santa Ana residents,
students, and teachers, in the amount of $6,690; (AGMT. No. 2018-
178-09).
j. Heritage Museum of Orange County (Organization) will develop a
mural with Santa Ana artists, students, and residents, depicting the
rich cultural heritage capturing two historic milestones of Santa
Ana: the 150th year anniversary of the founding in 1869 and the
130th year anniversary of the Santa Ana Unified School District, in
the amount of $6,210; (AGMT. No. 2018-178-10).
k. Active Learning Believe and Inspire [ALBI] (Organization) in
partnership with the Delhi Center summer camp will provide visual
art and poetry lessons for students ages 5-15 depicting their own
personal community superheroes, and showcase the work created
by the students at various venues throughout the city, in the amount
of $6,190; (AGMT. No. 2018-178-11).
I. Orange County Children's Therapeutic Arts Center (Organization)
will produce a large-scale youth art exhibition featuring the work of
middle school students celebrating Santa Ana youth, history,
culture, and diversity in partnership with the Mexican Consulate,
Cambodian Family Community Center, and Southland Integrated
Services, in the amount of $6,030; (AGMT. No. 2018-178-12).
m. Outreach, Claire Trevor School of the Arts, UC Irvine (Organization)
will provide scholarships for Santa Ana High School students to
participate in college and career pathways in the arts workshops
including transportation and meals, in the amount of $6,010; (AGMT.
No. 2018-178-13).
CITY COUNCIL MINUTES 9 JULY 17, 2018
n. EI Centro Cultural de Mexico (Organization) will produce a Dia del
Nino -Day of the Child event on April 28, 2019, a free family arts
festival celebrating the traditional Latin-American holiday that
honors the important role of the child in the family and society in the
amount of $5,690; (AGMT. No. 2018-178-14).
o. Delhi Center (Organization) will present the history of the Delhi
neighborhood through a permanent artistic display of student
artwork capturing the history of the neighborhood since the late
1860's installed in the center's lobby in the amount of $5,590.
(AGMT. No. 2018-178-15).
25D. APPROVE AN AGREEMENT WITH PRUDENTIAL RETIREMENT INSURANCE
AND ANNUITY COMPANY FOR ADMINISTRATIVE, RECORDKEEPING AND
COMMUNICATION SERVICES PERTAINING TO THE 457 DEFERRED
COMPENSATION PLAN {STRATEGIC PLAN NO. 7, 4) — Finance and
Management Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Prudential Retirement Insurance and Annuity Company
("Prudential") for the administrative, recordkeeping and communication
services ("services") pertaining to the 457 Deferred Compensation Plan for
an initial three-year term beginning October 1, 2018 through September 30,
2021, with a provision for a two-year extension exercisable by the City
Manager and the City Attorney, subject to non -substantive changes
approved by the City Manager and the City Attorney (AGMT. No. 2018-179).
**END OF CONSENT CALENDAR"
REGULAR BUSINESS CALENDAR
RESOLUTIONS
55A. ADOPT RESOLUTIONS GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2018 AND REQUESTING
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council
Office
Continued from the June 5, 2018 and June 19, 2018 City Council Meetings by a
6-0 vote (Martinez absent) and July 3, 2018.
MOTION: Adopt resolutions and limit Candidate Statement to 200 Words.
CITY COUNCIL MINUTES 10 JULY 17, 2018
1. RESOLUTION NO. 2018-053 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA
ANA ON NOVEMBER 6, 2018 TO ELECT CERTAIN MUNICIPAL
OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF
ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION
2. RESOLUTION NO. 2018-054 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR
CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE
ELECTORATE IN THE 2018 GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 6, 2018 TO PAY THE PRO RATA SHARE OF THE
COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS
AND/OR ELECTRONIC COPY
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Solorio
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
55B. ADOPT RESOLUTIONS FOR SUBMISSION OF A PROPOSED CHARTER
AMENDMENT TO CHARTER SECTIONS 101.2 AND 400 REGARDING BY
WARD ELECTIONS FOR VOTER CONSIDERATION; REQUEST
CONSOLIDATION WITH THE COUNTY AND GIVING NOTICE OF SAID
ELECTION TO BE HELD ON NOVEMBER 6, 2018 {STRATEGIC PLAN NO, 5,
1} — Clerk of the Council Office
Continued from the June 5, 2018 and June 19, 2018 City Council Meetings by a
6-0 vote (Martinez absent) and July 3, 2018.
Council discussion ensued.
Councilmember Benavides, noted item was brought before the City Council a
number of months ago. Opined district election would take effect two years out
and expressed support for item.
CITY COUNCIL MINUTES 11 JULY 17, 2018
Councilmember Sarmiento, opined previous attempt to place item before the
voters during the June primaries was thwarted, delay in implementation of an
additional two years, and expressed support for item.
Councilmember Solorio, noted process has been a fluid process, litigation
regarding California Voters Rights Act are not simple, and expressed importance
of getting it right.
Councilmember Villegas, opined current system is not a flawed or an illegal one,
but simply a different system.
Clerk of the Council Huizar, asked City Council to identify councilmembers who
may author arguments; unanimous consent to authorize five members present
with the exception of Mayor Pulido.
Councilmember Tinajero, asked when is the deadline to submit arguments.
Clerk noted that it would be July 31, 2018.
City Attorney Carvalho, clarified that if more than three Councilmember draft an
argument, a meeting would need to be called in order to discuss ballot argument
to avoid Brown Act violations.
MOTION:
1. Adopt resolutions.
a. RESOLUTION NO. 2018-055 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 6, 2018 FOR SUBMISSION TO
THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER
SECTIONS 101.2 AND 400 SHALL BE AMENDED REQUIRING CITY
COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY
WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD,
INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE
REGISTERED VOTERS OF THE ENTIRE CITY, AND TO REQUIRE
WARD BOUNDARIES TO COMPLY WITH STATE AND FEDERAL LAW,
AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE
COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION
b. RESOLUTION NO. 2018-056 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE
LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER
AMENDMENT REGARDING WHETHER CITY CHARTER SECTION 400
SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER
ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY
REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY
CITY COUNCIL MINUTES 12 JULY 17, 2018
COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE
ENTIRE CITY, AND TO REQUIRE WARD BOUNDARIES TO BE
DRAWN IN ACCORDANCE WITH LAW, TO BE INCLUDED ON THE
BALLOT FOR THE 2018 GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 6, 2018
c. RESOLUTION NO. 2018-057 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN
ARGUMENTS FOR PROPOSED AMENDMENT TO THE SANTA ANA
CHARTER REGARDING WHETHER CITY CHARTER SECTIONS 101.2
AND 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER
ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY
REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY
COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE
ENTIRE CITY, WITH WARDS TO BE DRAWN IN ACCORDANCE WITH
STATE AND FEDERAL LAW
2. Submittal of Impartial Analysis for voter consideration.
3. Authorize Councilmembers Sarmiento, Tinajero, Benavides, Villegas
and Solorio to author Arguments for inclusion in the Voters Pamphlet.
4. Direct Clerk of the Council to publish legal notices as required by law.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Martinez (1)
55C. DIRECT STAFF TO PLACE A PROPOSED BALLOT MEASURE FOR A SALES
AND USE TAX MEASURE FOR GENERAL MUNICIPAL SERVICES AT THE
NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION; APPROVE
RESOLUTIONS CALLING AND CONSOLIDATING THE ELECTION; AND
AUTHORIZE COUNCILMEMBERS TO FILE ARGUMENT; DIRECT CITY
ATTORNEY TO FILE IMPARTIAL ANALYSIS; AND OTHER RELATED
ACTIONS {STRATEGIC PLAN NO. 5, 1} — City Manager's Office
The following spoke on the matter:
CITY COUNCIL MINUTES 13 JULY 17, 2018
• Connie Hamilton, thanked City Council for supporting Connect -to -Council.
Concerned with the increases and advising everyone to vote no on bond and ,-
tax increases.
• Peter A. Katz, opined City of Santa Ana cannot afford a tax increase.
Express opposition to tax increase.
• Cecilia Iglesias, requested City Council to not place a sales tax increase on
the ballot. Opined residents have been burdened with tax increases over the
past ten years.
• David Villagran, concerned with sales tax increase.
• Magda Gomez, requested City Council to reconsider sales tax increase.
Opined difficulty in buying basic needs and school supplies
• Mike Tardif, expressed opposition to sales tax. Opined sales tax will
negatively affect his business.
• Peter Whittingham, representing Orange County Auto Dealers' Association,
thanked City Council for amendments to create a buy local program and
encouraged City Council to reaffirm their commitment.
Council discussion ensued.
Councilmember Benavides, noted fiscal year faces a $10 million deficit, revenue
is not keeping up with expenses, and need to look at other economic
developments. Opined not giving the residents opportunity to address deficit
would likely cause the city to face a potential bankruptcy, need to take action or
face a decrease in services, and necessity to have a sunset provision.
Expressed concern over placing a tax burden on the residents in perpetuity.
Expressed support for one and a half percent tax for 10 years, reduction to one
percent for the remaining 10 years with sunset provision upon conclusion, and
inclusion of citizen oversight review board to monitor how funds are expended.
Asked if ballot title can be revised at a future date.
Councilmember Villegas, opined city is not receiving sufficient revenue to
sustain current services, current city employment vacancies at 189, and tax
increase would allow city to make significant impact to provide services and
repair of parks and streets. Noted Prop. 13 limits amount of revenue city can
generate from properties, responsibility to inform residents, and need to allow
residents to make the decision. Express support for one and a half percent tax
increase for 10 years with sunset provision upon conclusion.
Councilmember Tinajero, noted car sales tax is calculated by where the buyer
lives and will not deter people from buying a car in Santa Ana, Santa Ana
residents will receive tax back in the form of a rebate check, and groceries will
not be taxed. Opined city does not receive sales tax for online purchases, need
to pursue a buy local program, and residents will decide what quality of life they
want. Directed staff to conduct community meetings and outreach.
Councilmember Solorio, expressed opposition to tax increase. Opined sales tax
is a regressive tax, tax proposal is largely a staff driven process, and tax
CITY COUNCIL MINUTES 14 JULY 17, 2018
measure is unclear and requires identification as to where tax revenue will be
used. Expressed support in conducting outreach work in the community.
Mayor Pulido, opined jail service implementation can generate $8 million in
revenue, need to aggressively pursue a contract with U.S. Marshals, and tax
increase would still be required in order to allow city to operate at a stronger
level. Noted jail bond does not have a sunset provision, debt service will end in
2024, increase in employee contribution towards pension would save money,
and expressed support for tax increase of one percent in perpetuity.
City Manager Godinez, noted current employee pension rate is nine percent,
public safety rate is eight percent, and City of EI Monte adopted a tax measure
to build up reserve for a five-year period. Recommended City Council to direct
staff to bring forth a CIP program, identified several community needs and
various maintenance needs.
Mayor Pulido conveyed supports for a 1 percent in perpetuity, respects fellow
councilmembers and understands their position in support of a 1 '/2 percent and
concept of a sunset; however, should this motion fail and should there be a
motion for lower level of 1 percent, it would be acceptable.
Councilmember Sarmiento, asked revision to ballot title to read Santa Ana
Neighborhood Safety, and Homeless Prevention, and Essential City Services
Enhancement Measure, to replace one and a half percent to read one and a half
cents, and to include the buy local program.
City Attorney Carvalho, noted resolution requires precise language to be
included and possibility to call for a special meeting.
MOTION:
1. Modify position taken at the July 3, 2018, City Council meeting to place
a 1.5 cent rather than a 1 cent add on sales and use tax measure to be
referred to as the Santa Ana Neighborhood Safety and Essential City
Services Protection Measure, on the November 6, 2018 General
Municipal Election ballot, and impose through 2029 and reduced to 1
cent in 2031, along with having a Citizen's Review Oversight Board to
ensure fiscal prudent decisions are implemented.
2. Adopt resolution.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
CALLING FOR THE PLACEMENT ON THE BALLOT OF A MEASURE FOR
THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED
ORDINANCE REGARDING A GENERAL SALES TAX MEASURE AND
PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL
STATEMENTS (RESOLUTION TO BE AMENDED)
CITY COUNCIL MINUTES 15 JULY 17, 2018
3. Request that the Board of Supervisors of Orange County Consolidate
the City's General Municipal Election with the Statewide General !`
Election.
4. Authorize the filing of Arguments and Rebuttals.
a. Designate Councilmember to author an Argument and Rebuttal
statement.
b. Deadline to file Arguments will be set for July 31, 2018 at 5 p.m.
5. Direct the City Attorney to prepare Impartial Analysis.
6. Direct Clerk of the Council to publish legal notices as required by law.
MOTION: Benavides SECOND: Villegas
VOTE: AYES: Benavides, Sarmiento, Tinajero, Villegas (4)
NOES: Pulido, Solorio (2)*
ABSTAIN: None (0)
ABSENT: Martinez (1)
*Mayor Pulido conveyed a support of a 1 cent.
Councilmember Sarmiento, asked item to be reconsidered. Opined misleading
comments were made, presumption Mayor Pulido was supportive of the motion,
and edits were made because Mayor was supportive on the record for the
motion that was discussed. Moved to reconsider vote.
Mayor Pulido, noted if motion failed he would have voted for one percent tax and
his prior articulation of various methods to save money. Expressed support for a
one cent tax in perpetuity. Opined placing one and a half percent tax before the
voters is difficult knowing there are other methods to generate revenue,
upcoming windfall from utility user tax and cannabis tax revenue, and greater
chance to have one cent sales passed by voters.
Councilmember Tinajero, opined Mayor Pulido is being challenged in November
and is protecting himself instead of protecting the city.
Councilmember Benavides, opined Mayor Pulido expressed support for motion
but preferred one percent measure. Asked staff to clarify why staff
recommendation is one and a half percent. Noted one and a half percent
measure would allow room for capital improvement projects.
MOTION: Reconsider matter by maker of the motion:
CITY COUNCIL MINUTES 16 JULY 17, 2018
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Pulido, Sarmiento, Tinajero, (4)
NOES: Villegas (1)
ABSTAIN: None (0)
ABSENT: Martinez (1)
Mayor Pulido motioned in favor of a 1 percent tax increase in perpetuity.
Motion failed due to a lack of a second.
Councilmember Benavides motioned for original motion.
Motion failed due to a lack of a second.
Mayor Pulido motioned in favor of a 1 cent in perpetuity sales tax to be placed
before the voters with a friendly amendment to include a 20 year time span, and
seconded by Sarmiento.
Council recessed at 8:01 p.m. and reconvened at 8:03 p.m. with same members
present.
Mayor Pulido re -motioned in favor of a 1 cent tax increase for 20 years, and
seconded by Sarmiento.
Councilmember Benavides requested clarification.
City Manager Godinez, noted staff recommendation of one and a half percent
tax was made to address projected shortfalls to bridge across PERS costs and
will cover the bulk of the deficit for five years before it stabilizes, opportunity to
utilize additional revenue for capital improvement projects, and a one cent tax
would only keep city solvent and simply keep status quo.
Mayor Pulido reiterated his position of his support for a 1 cent sales tax and
motioned; seconded by Councilmember Sarmiento.
Motion failed 2-4 (Martinez absent).
RECONSIDER ORIGINAL MOTION:
1. Modify position taken at the July 3, 2018, City Council meeting to place
a 1.5 cent rather than a 1 cent add on sales and use tax measure to be
referred to as the Santa Ana Neighborhood Safety and Essential City
CITY COUNCIL MINUTES 17 JULY 17, 2018
Services Protection Measure, on the November 6, 2018 General
Municipal Election ballot, and impose through 2029 and reduced to 1
cent in 2031.
2. Adopt resolution.
RESOLUTION NO. 2018-058 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT ON THE
BALLOT OF A MEASURE FOR THE NOVEMBER 6, 2018 GENERAL
MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED
VOTERS OF A PROPOSED ORDINANCE REGARDING A GENERAL
SALES TAX MEASURE AND PROVIDING FOR THE FILING OF
ARGUMENT AND REBUTTAL STATEMENTS (RESOLUTION TO BE
AMENDED)
3. Request that the Board of Supervisors of Orange County Consolidate
the City's General Municipal Election with the Statewide General
Election.
4. Authorize the filing of Arguments and Rebuttals.
a. Designate Councilmember Tinajero, Villegas and Benavides to
author an Argument and Rebuttal statement.
b. Deadline to file Arguments will beset for July 31, 2018 at 5 p.m.
5. Direct the City Attorney to prepare Impartial Analysis.
6. Direct Clerk of the Council to publish legal notices as required by law.
MOTION: Benavides SECOND: Villegas
VOTE: AYES: Benavides, Sarmiento, Tinajero, Villegas (4)
NOES: Pulido, Solorio (2)
ABSTAIN: None (0)
ABSENT: Martinez (1)
55D. ADOPT RESOLUTION APPROVING CITY'S ANNUAL STATEMENT OF
INVESTMENT POLICY 2018-19; RECEIVE AND FILE ANNUAL STATEMENT
OF INVESTMENT POLICY 2018-19 {STRATEGIC PLAN NO. 4, 11 — Finance
and Management Services Agency
MOTION;
1. Adopt a resolution.
CITY COUNCIL MINUTES 18 JULY 17, 2018
RESOLUTION NO. 2018-059 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF
INVESTMENT POLICY
2. Receive and file the Annual Statement of Investment Policy 2018-2019.
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
55E. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE A SUB -GRANT AGREEMENT AND RECEIVE
FUNDS FROM THE CALIFORNIA EMPLOYMENT DEVELOPMENT
DEPARTMENT FOR THE FEDERAL WORKFORCE INNOVATION AND
OPPORTUNITY ACT {STRATEGIC PLAN NO 2, 4) — Community Development
Agency
Councilmember Solorio, noted Santa Ana Works Center relocation closer to city
hall and future opportunity to relocate to the second floor in city hall. Opined
possibility to rent parts of city hall to generate revenue.
City Clerk Huizar, noted need to identify councilmembers who will author
argument for the record.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2018-060 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL
NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE
WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE
OF CALIFORNIA, WORKFORCE SERVICES DIVISION, THROUGH
PROGRAM YEAR 2021
2. Authorize the City Manager and Clerk of the Council to execute the sub -
grant agreement and all necessary documents with the State of
California Employment Development Department, for a period from
April 1, 2018 to June 30, 2020, for an amount of $862,145, subject to
CITY COUNCIL MINUTES 19 JULY 17, 2018
non -substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2018-180).
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Tinajero
Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
ABSENT: Martinez (1)
CLERK OF THE COUNCIL HUIZAR ADMINISTERED THE OATH OF OFFICE TO JOSEPH
ACEVEDO, YOUTH COMMISSIONER.
PUBLIC HEARING
75A. PUBLIC HEARING — AMENDMENT APPLICATION NO. 2018-05 TO REZONE
THE PROPERTY LOCATED AT 1440-1450 EAST SEVENTEENTH STREET
FOR RELOCATION OF EDNOVATE CHARTER HIGH SCHOOL — PACIFIC
WEST COMMUNITIES, INC., APPLICANT {STRATEGIC PLAN NO. 3, 2) —
Planning and Building Agency
Planning Commission approved recommended action on June 25, 2018 by a
vote of 5-1 (Mendoza dissented).
Legal Notice published in the Orange County Reporter on July 6, 2018 and
notices mailed on July 5, 2018.
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Asim Sultan, opined members of the community support business
occupation of vacant buildings but will not compromise the safety of their
families. Express opposition to item and requested City Council to consider
safety concerns.
• Alvaro Ramirez, expressed opposition project and read correspondence
addressed to Councilmember Benavides.
• Cecilia Iglesias, expressed support for recommendation from Planning
Commission.
• Mike Tardiff, addressed City Council to express support for project.
• Darren Berberian, President of Golden West Communities, opined project
took into consideration traffic impact, report was provided to planning
commission, and project layout is the most efficient to reduce traffic impact.
CITY COUNCIL MINUTES 20 JULY 17, 2018
The Hearing closed.
Council discussion ensued.
Director of Planning and Building Thai clarified request is to have the zoning be
consistent with the General Plan.
Planning Manager Neal pointed out that in accordance with the current zoning,
the majority of the site is C5 which is existing, non -conforming thus, school is
allowed in the location by right.
PROPOSED ZONING
• School use allowed by right In the Arterial Commercial (C -S)
zoning district and is not affected by this action.
• Proposed action Is intended to clean-up Inconsistent zoning
and general plan land use designations.
• Approval of the amendment application will make the zoning
consistent with the General Plan designation of General
Commercial.
• Proposal is consistent with goals and objectives of the General
Plan.
CITY COUNCIL MINUTES 21 JULY 17, 2018
Mayor Pulido, asked staff to address traffic issue, noted council vote will not
impact occupation by charter school, school is already located in the City of
Santa Ana, and school's current location has a similar location with minimal
impact. Recommended applicant share traffic study with residents and conduct
further outreach.
Director Thai, noted traffic queuing may be revised to allow all queuing to occur
on site and not impact the street and zone change will allow consistency with
general plan.
Staff Member, noted school's current location is similar to proposed relocation
and has operates with minimal impact, current zoning is C5 with a portion as R1,
and proposed zoning change allow proposed addition and consistency.
Councilmember Tinajero, asked staff if any meetings with applicant have
occurred. Noted concerns from residents and impact on quality of life. Opined
there has been insufficient communication with residents.
Councilmember Villegas, asked applicant representative if expansion would add
a second floor and current enrollment.
Councilmember Sarmiento, opined potential enrollment may double by 2020,
proposal would increase from original use, and expansion may have a tangible
effect on the residents. Noted only one community meeting outreach has been
conducted and expressed need to pursue further community outreach.
MOTION. Continue consideration of matter for 30 days, to the August 21,
2018 City Council Meeting.
MOTION: Sarmiento SECOND: Tinajero
CITY COUNCIL MINUTES 22 JULY 17, 2018
VOTE: AYES: Benavides, Pulido, Sarmiento, Tinajero, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Solorio (2)
RECESSED CITY COUNCIL MEETING AT 8:49 P.M. AND CONVENED THE HOUSING
AUTHORITY MEETING. ADJOURNED THE HOUSING AUTHORITY AND CONVENED
THE SUCCESSOR AGENCY MEETING AND RECONVENED TO THE COUNCIL MEETING
WITH SAME MEMBERS PRESENT AT 8:50 P.M.
WORK STUDY SESSION
WS. GENERAL PLAN UPDATE — Planning and Building Agency
Planning and Building Agency Director Thai, introduced the work study session
and Planning Manager Neal, presented.
CITY COUNCIL MINUTES 23 JULY 17, 2018
`Big Picture" Objectives
Protect, enhance and transform the
community
• Address priority areas
• Build on Santa Ana's assets
A Fresh Approach- Our Product
NEW GENERAL PLAN will contain three (3) sections
to cover all seven (7) required elements plus
optional elements (11 total):
Section One: Built Environment
Section Two: Natural Environment
Section Three: Services & Infrastructure
Proposed Elements
,"'I"
- Land Use
f
Urban Design & Architecture
Historic Preservation
Economic Development
Open Space
Conservation
• Safety
• Noise
MW
• Community Facilities
• Mobility/Circulation
s0
• Housine'
2016: Community Outreach Program
• General Plan Video
i
• 40 Meetings
• Youth Summer Program
• Pop-up events Citywide
• Summarized in Community Outreach"'
Executive Summary
2017: General Plan Advisory Group
14 GPAeetingsir1�a2017
• Issues Identification Review a
• Draft Vision Statements
Creation of draft Goals and Policies
Land Use Concept Map
Our Vision
Santa Ana is "a city that promotes the
health &wellness of all residents, it has a
civic culture that actively embraces the
power of diversity; our city invests in
resources that create economic
opportunities for the next generation, and
it is a`commun,ity that Celebrates our past
while working together to create a
sustainable future.
Council discussion ensued:
• Councilmember Benavides, opined a shared vision will drive the city, asked if
zones identified for development are being included in the general plan, and
if transit options are being considered.
• Staff, noted zones identified for development are included in the general plan
and an update to best practices.
• Director Thai, noted multiple modes of transportation are being considered
and expressed interest in meeting with Councilmembers to discuss further.
• Councilmember Tinajero, directed staff to meet to discuss district approved
charter schools and to include language in master plan that will not allow any
additional charter schools unless they are district approved.a
CITY COUNCIL MINUTES 26 JULY 17, 2018
• Mayor Pulido, opined county charter approval process is thorough, many
charter schools that are not district approved are very successful, and
charter schools are an asset to the community. Provided update on Orange
County Street Car project and directed staff to ensure project is part of the
general plan.
• Councilman Sarmiento, opined difficulty in finding solutions when working
with an antiquated general plan.
• City Manager Godinez, noted City of Santa Ana's lead in Orange County
Street Car project and pending project approval by Orange County
Transportation Authority (OCTA).
COMMENTS
PUBLIC COMMENTS.
• Laura Perez, addressed City Council to provide update on 4th of July event and expressed
concern as to presence of hate groups.
• Lizzie M. Lyles, expressed concern as to fireworks and urged City Council to ban all
fireworks.
• Dale Helvig, opined City Council should be asking questions about 2525 Main Street
development.
• Naui Huitzilopochtli, expressed concern over racially divisive acts committed by Ms.
Moreno and her participation in city sponsored events
• Perla Dionicio, expressed concern over city allowing Ms. Moreno in organizing city
sponsored events that attract hate groups.
• Gary Thomas, express concern over proper representation in the city.
• Patty Sigman-Maize, expressed opposition to 2525 Main Street development project.
90A. CITY MANAGER'S COMMENTS
90B. CITY COUNCILMEMBER COMMENTS
Name Chair Meeting Date
a. Public Safety, Code Enforcement and Tinajero 7/10/2018
Neighborhood Empowerment Committee
RECONVENED TO THE CLOSED SESSION AT 9:37 P.M. THERE WAS NO REPORTABLE
ACTION.
CITY COUNCIL MINUTES 27 JULY 17, 2018
ADJOURNED- 10:20 P.M. - The regular meeting scheduled for August 7, 2018 has been
canceled. The next regular meeting of the City Council will be held on
Tuesday, August 21, 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.
L In a 4, _� /_-�
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 28 JULY 17, 2018