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HomeMy WebLinkAbout2019-06-04 RegularMINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 4, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 4:43 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS (4:47 P.M., Room 147) DAVID PENALOZA VICENTE SARMIEN'TO JOSE SOLORIO (4:49 P.M., Room 147) COUNCILMEMBERS Absent: *WARD 4 VACANT STAFF Present: KRISTINE RIDGE, City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS — None. COUNCIL RECESSED to Room 147 for Closed Session discussion at 4:44 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: A) Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) B) City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CITY COUNCIL MINUTES 1 JUNE 4, 2019 C) City of Santa Ana v. Thanh Ngoc Nguyen et al. Orange County Superior Court, Case No. 30-2017-00938860 D) City of Santa Ana v. Alda South, LLC et al., Orange County Superior Court, Case No. 30-2017-00938576 E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-00983807-CU-PA-CJC 2. CONFERENCE WITH LEGAL COUNSEL - THREAT OF LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: ONE 3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: ONE 4. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Employee Organizations: • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE SPECIAL CLOSED SESSION MEETING AT 5:00 P.M. AND CONVENED TO THE REGULAR CLOSED SESSION MEETING. CITY COUNCIL MINUTES 2 JUNE 4, 2019 MINUTES OF THE REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER JUNE 4, 2019 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:01 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO (5:02 P.M., Room 147) COUNCILMEMBERS Absent: "WARD 4 VACANT STAFF Present: KRISTINE RIDGE, City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council " Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS — None. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:02 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: A) Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) B) City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) CITY COUNCIL MINUTES 3 JUNE 4, 2019 C) City of Santa Ana v. Thanh Ngoc Nguyen et al., Orange County Superior Court, Case No. 30-2017-00938860 D) City of Santa Ana v. Aida South, LLC et al., Orange County Superior Court, Case No. 30-2017-00938576 E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-00983807-CU-PA-CJC 2. CONFERENCE WITH LEGAL COUNSEL - THREAT OF LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: ONE COUNCILMEMBER SARMIENTO LEFT THE REGULAR CLOSED SESSION AT 5:21 P.M. 3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: ONE COUNCILMEMBER SARMIENTO RETURNED TO THE REGULAR CLOSED SESSION AT 5:32 P.M. 4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Employee Organizations: • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE REGULAR CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 4 JUNE 4, 2019 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:04 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: *WARD 4 VACANT STAFF Present: KRISTINE RIDGE, City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PLEDGE OF ALLEGIANCE INVOCATION MAYOR PULIDO BOB BARNETT, POLICE CHAPLAIN MAYOR PULIDO ANNOUNCED THAT BUSINESS CALENDAR ITEMS 60B AND 75J LISTED ON AGENDA WILL NOT BE CONSIDERED AT TONIGHT'S MEETING CEREMONIAL PRESENTATIONS (TAKEN OUT OF ORDER) • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing Godinez High School Softball team for their CIF victory. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing Celeste Duran and Sophia Chiaramonte for their offers of appointment to a Military Service. CITY COUNCIL MINUTES 5 JUNE 4, 2019 • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing Celeste Duran and Sophia Chiaramonte for their offers of appointment to a Military Service. • CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the winners of the Santa Ana Water Youth Poster Contest: • Ages 5-8 Finalists: Jacqueline Rico Perez, Anushree Sitaula; Grand Prize Winner: Alexa Victoria Flores • Ages 9-12 Finalists: Gianna Garcia, Jannel Bello; Grand Prize Winner: Britney Echeverria • Ages 13-14 Finalists: Katie Tran, Gianna Patino; Grand Prize Winner: Laisha Echeqoyen • Ages 15-18 Finalists: Jenisis Ramon, Monica Rodriquez; Grand Prize Winner: Cielo Echeqoyen • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Santa Anita Neighborhood Association for their Neighborhoods USA award and their contributions to the community. • PROCLAMATION presented by Mayor Pro Tern Villegas recognizing May as Drowning Prevention Awareness Month. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS — None. CITY COUNCIL MINUTES 6 JUNE 4, 2019 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 30A; 55A; 55B and 60A. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido(1) * Ward 4 representative vacant. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 7, 2019 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: MOTION: Approve settlements as follows: C) City of Santa Ana v. Thanh Ngoc Nguyen et al., Orange County Superior Court, Case No. 30-2017-00938860; approve settlement for the purchase of real property in the amount of $1.7 million AGMT. NO. 2019-079). D) City of Santa Ana v. Alda South, LLC et al., Orange County Superior Court, Case No. 30-2017-00938576; approve settlement for the acquisition of property in the amount of $2,225,000 AGMT. NO. 2019-081). CITY COUNCIL MINUTES 7 JUNE 4, 2019 E) Ana Valente v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-00983807-CU-PA-CJC; approve settlement in the amount of $85,000 (AGMT. NO. 2019-082). 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. RECEIVE AND FILE: PUBLIC WORKS AGENCY MONTHLY PROJECT STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR MAY 2019 {STRATEGIC PLAN NO. 5, 1) — Public Works Agency The CIP Executive Summary Schedule is available on the City's website at htti)s://www.santa-ana.orq/sites/defaulVfiles/pw/documents/Executive-Monthly- C I P-U pd ate-M ay-2019. p df MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE AN APPROPRIATION ADJUSTMENT OF $99,901.30 TO RECOGNIZE CERTIFIED ACCESS SPECIALIST (GASP) REVENUE FUNDS FOR FISCAL YEAR 2018-19 (STRATEGIC PLAN NO. 4, 2A) — Planning and Building Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019 — 137 - Recognizing $99,901.30 from the Planning and Building CASp Certification Training Fund account and appropriating to various CASp Certification and Training Fund accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD PURCHASE ORDER IN THE AMOUNT OF $204,850 TO TRANSWEST TRUCK CENTER, LLC, FOR TWO STAKE BED DUMP TRUCKS (SPECIFICATION NO. 19-041) (STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency and Public Works Agency MOTION: Authorize one-time purchase and payment of purchase order to Transwest Truck Center, LLC, for the procurement of two stake bed dump trucks in the amount of $194,850, plus a contingency of $10,000, for a total amount not to exceed $204,850 from the Sanitation Fund, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 8 JUNE 4, 2019 PROJECTS/CHANGE ORDERS 23A. AWARD A $1,660,370 CONSTRUCTION CONTRACT TO STEPHEN DORECK EQUIPMENT RENTALS, INC., FOR THORNTON PARK NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT (OVERALL PROJECT DELIVERY COST $2,158,482) (PROJ. NO. 15-6448) {STRATEGIC PLAN NO.6, 1 B; 1 C; 1 G) — Public Works Agency MOTION: Award a contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,660,370, for construction of Thornton Park Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, 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 $2,158,482, which includes the $1,660,370 contract, $249,056 as a 11.5% project contingency, $120,000 for Contract Administration, and $129,056 for Inspection and Testing in the Water Utility Acquisition and Construction fund. AGREEMENTS 25A. APPROVE AGREEMENT WITH MK PRINTING FOR OFFSET PRINTING SERVICES NOT TO EXCEED $400,000 {STRATEGIC PLAN NO. 6, 21 — Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Mekong Printing, dba MK Printing, to provide offset printing services for a three-year period expiring May 31, 2022, in an annual amount of $80,000, with provisions for two one-year renewals exercisable by the City Manager, for a total amount not to exceed $400,000 subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-083). 25B. APPROVE AMENDMENT TO AGREEMENT WITH COMPULINK MANAGEMENT CENTER, INC. FOR ENTERPRISE CONTENT MANAGEMENT SYSTEM MAINTENANCE, SERVICES, AND LICENSES UP TO $480,000 {STRATEGIC PLAN NO. 7, 5A) — Information Technology Department CITY COUNCIL MINUTES 9 JUNE 4, 2019 MOTION: Authorize the City Manager and Clerk of the Council to approve agreement amendment with Compulink Management Center, Inc. DBA Laserfiche for Laserfiche Enterprise Content Management System maintenance, services, training, and software licenses in an amount not to exceed $480,000 over a three-year period from July 1, 2019, through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-084). 25C. APPROVE AGREEMENT WITH ELLIOTT AUTO SUPPLY CO., INC, DBA FACTORY MOTOR PARTS, FOR A VENDOR -OWNED INVENTORY PROGRAM FOR FLEET VEHICLE PARTS, FOR UP TO FIVE YEARS, IN AN AMOUNT NOT TO EXCEED $1,700,000 {STRATEGIC PLAN NO.6, 1 C)— Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Elliott Auto Supply Co., Inc., dba Factory Motor Parts, for a vendor -owned inventory program for fleet vehicle parts, for a three-year period beginning July 1, 2019, and expiring on June 30, 2022, with a provision for two one-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $340,000 annually, for a total agreement amount not to exceed $1,700,000, including the renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-085). MISCELLANEOUS - BUDGET 29A. APPROVE A PAYMENT AUTHORIZATION TO ULTIMATE POOL REMODELING, INC. FOR SWIMMING POOL RESURFACING AND REPAIRS AT SALGADO PARK POOL FOR INVOICE #25890 IN THE AMOUNT OF $28,800 AND INCREASE THE TOTAL PURCHASE ORDER AMOUNT TO $423,338.24 {STRATEGIC PLAN NO. 5, 41 — Parks, Recreation and Community Services Agency MOTION: Authorize a payment to Ultimate Pool Remodeling, Inc, for swimming pool resurfacing and repairs at Salgado Park pool for invoice #25890 in the amount of $28,800 and increase the total purchase order amount to $423,338.24, to be paid with park acquisition and development funds, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 JUNE 4, 2019 LAND USE MATTERS DEEDS — TRANSFER OF PROPERTY 30A. QUITCLAIM OF STORM DRAIN EASEMENT AT 317 E. 17TH STREET, APN 003-153-48 {STRATEGIC PLAN NOS. 3, 2; 5, 3) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a quitclaim deed relinquishing the City's interest in a drainage easement at 317 East 17th Street to AQUA HOUSING LP, a California limited partnership, subject to non -substantive changes by the City Manager and City Attorney. (AGMT. No. 2019-095). RESOLUTIONS 55A. ADOPT A RESOLUTION AFFIRMING CIRCULATION ELEMENT CONSISTENCY WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH MITIGATION FEE PROGRAM TO MAINTAIN FUTURE MEASURE M2 FUNDING ELIGIBILITY EXCEEDING $5 MILLION IN FISCAL YEAR 2019-20 {STRATEGIC PLAN NO. 6, 1A, B, F, G} — Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2019-033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM 55B. AFFIRM APPOINTMENTS TO THE SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE AND ADOPT A RESOLUTION AMENDING AND RESTATING RESOLUTION NO.2019-008 REGARDING MEMBER SELECTION TO THE MEASURE X CITIZEN OVERSIGHT COMMITTEE {STRATEGIC PLAN NO. 7, 2} — Clerk of the Council Office MOTION: Affirm appointments of two Committee Members that were not residents of the wards which they were appointed to represent; and 2. Adopt a resolution. RESOLUTION NO. 2019-034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND RESTATING RESOLUTION NO. 2019-008 REGARDING THE TRANSACTIONS AND USE TAX MEASURE X CITIZEN OVERSIGHT COMMITTEE CITY COUNCIL MINUTES 11 JUNE 4, 2019 ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $4,000 FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 2501 NORTH FLOWER STREET (APN 002-020-37) {STRATEGIC PLAN NO. 6, 11 — Public Works Agency Continued from the May 21, 2019 City Council meeting by a vote 5-0 (Pulido absent). MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, for the sale of portions of City -owned property located at 2501 North Flower Street in the amount of $4,000, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. NO. 2019-086)). **END OF CONSENT CALENDAR"* BUSINESS CALENDAR ITEMS RESOLUTIONS 55C. ADOPT RESOLUTION TO JOIN THE ORANGE COUNTY HOUSING FINANCE TRUST AND APPROVE JOINT POWERS AGREEMENT (NOT TO EXCEED $25,000 ANNUALLY) {STRATEGIC PLAN NO. 5, 3C)—Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE JOINT EXERCISE OF POWERS FOR AND MEMBERSHIP IN THE ORANGE COUNTY HOUSING FINANCE TRUST 2. Authorize the City Manager and the Clerk of the Council to execute the Joint Powers Agreement which implements the Orange County Housing Finance Trust, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-087). CITY COUNCIL MINUTES 12 JUNE 4, 2019 MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Penaloza, Sarmiento, Solorio, Villegas (4) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: Pulido (1) Ward 4 representative vacant. 55D. ADOPT A RESOLUTION ACCEPTING THE 2019 NATIONAL FITNESS CAMPAIGN GRANT OF $30,000 PER SITE AND AGREEING TO ENDEAVOR TO PROVIDE $90,000 PER SITE TO FUND THE REMAINING PURCHASE PRICE OF THE EQUIPMENT PLUS THE COST OF INSTALLATION AT FIVE CITY SITES (JEROME PARK, EL SALVADOR PARK, DELHI PARK, ROSITA PARK AND CIVIC CENTER PLAZA OF THE FLAGS) {STRATEGIC PLAN NO. 5, 4) — Parks, Recreation and Community Services Agency Councilmember Penaloza inquiring about the locations of the fitness equipment at the Civic Center site. City Manager Ridge spoke. Councilmember Iglesias spoke. Executive Director of Parks and Recreation Services Lisa Rudloff spoke. MOTION: Adopt an amended resolution substituting a replacement site for the Civic Center Plaza of the Flags. RESOLUTION NO. 2019-036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE 2019 NATIONAL FITNESS CAMPAIGN GRANT OF $30,000 PER SITE, FOR A TOTAL OF FIVE AND AGREEING TO ENDEAVOR TO PROVIDE AN ESTIMATED $120,000 PER EACH SITE TO FUND THE REMAINING PURCHASE PRICE OF THE EQUIPMENT AND INSTALLATION OF THE FITNESS EQUIPMENT AT FIVE CITY PARKS MOTION: Villegas SECOND: Sarmiento VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. CITY COUNCIL MINUTES 13 JUNE 4, 2019 55E. ADOPT A RESOLUTION AND/OR APPROVE A LETTER IN SUPPORT OF HOUSE OF REPRESENTATIVES BILL (H.R.) 763, THE ENERGY INNOVATION AND CARBON DIVIDEND ACT OF 2019 TO AIM TO REDUCE CARBON POLLUTION AND GREENHOUSE EMISSIONS {STRATEGIC PLAN NO. 5) — City Manager's Office The following spoke: • Larry Hitterdale, in support of item. • Terri Osborne, in support of item. • Paul Berry, in support of item. • Virginia Bernal, in support of item. • Suman Bhasin, in support of item. • Murray Zichliusky, in support of item. Council discussion ensued: Councilmember Sarmiento, supportive of item. Councilmember Solorio, supportive of item. Councilmember Penaloza, supportive of item. Councilmember Iglesias, supportive of a letter of support only. Councilmember Sarmiento, motioned for resolution and letter Councilmember Villegas, supportive of a letter of support only. Mayor Pulido, supportive of item. Councilmember Sarmiento spoke. Councilmember Solorio spoke. AMENDED MOTION. Adopt a resolution and approve a letter in support of H.R. 763, the Energy Innovation and Carbon Dividend Act of 2019 to aim to reduce carbon pollution and greenhouse emissions. RESOLUTION NO. 2019-037 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF HR 763 THE ENERGY INNOVATION AND CARBON DIVIDEND ACT OF 2019 MOTION: Sarmiento SECOND: Penaloza VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (6) NOES: Iglesias, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. CITY COUNCIL MINUTES 14 JUNE 4, 2019 ADMINISTRATIVE MATTERS - BUSINESS 60B. APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 5, 31 — Community Development Agency; and Planning and Building Agency Continued from the May 7, 2019 City Council meeting by a vote of 6-0 and May 21, 2019 City Council meeting by a vote 5-0 (Pulido absent). Planning Commission approved recommended action on June 4, 2018 by a vote of 4-1 (Bacerra dissented). Matter continued pending receipt of additional information at the request of staff. 60C. APPROVE APPROPRIATION ADJUSTMENT TO TRANSFER GENERAL FUND BUDGET BETWEEN VARIOUS DEPARTMENTS FOR FISCAL YEAR 2018-19 WITH NO NET FISCAL IMPACT {STRATEGIC PLAN NO. 4, 1, 3) — Finance and Management Services Agency Councilmember Sarmiento spoke. City Manager Ridge spoke. Councilmember Sarmiento spoke. Moved item. MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019 — 161 - Approve the proposed maximum General Fund appropriation adjustment as follows. The actual appropriation adjustment between departments may be less, based upon final fiscal year-end amounts. Department Reason Amount City Former City Manager separation payment, $450,000 Manager's and payment of significant accrued leave for Office (CMO) two other CMO employees who separated from the City Non- Updated Information Technology Internal $300,000 Departmental Service Allocations Clerk of the Election Savings $(250,000) Council Public Works Staff Vacancy Savings $(500,000) Agency General Fund $0 Net Impact CITY COUNCIL MINUTES 15 JUNE 4, 2019 MOTION: Sarmiento SECOND: Penaloza VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (4) NOES: Iglesias, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) • Ward 4 representative vacant. * Motion failed. Councilmember Solorio motioned for two -week continuance Councilmember Penaloza spoke. City Manager Ridge spoke. AMENDED MOTION: Continue consideration of matter for two weeks, MOTION: Solorio SECOND: Pulido VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (4) NOES: Iglesias, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 60D. APPROVE THE FISCAL YEAR 2019 — 2020 EMERGENCY SOLUTIONS GRANTS PROGRAM FOR A TOTAL AMOUNT OF $493,582 {STRATEGIC PLAN NO. 5, 6) — Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 27, 2019 by a vote of 9-0. Councilmember Iglesias spoke. Executive Director of Community Development Agency Steven Mendoza spoke. Community Redevelopment and Housing Commission approved recommended action on March 27, 2019 by a vote of 9-0. MOTION: CITY COUNCIL MINUTES 16 JUNE 4, 2019 1. Approve a renewal of the Fiscal Year 2019 - 2020 Emergency Solutions Grants Program in the amount of $493,582 from the United States Department of Housing and Urban Development. 2. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the Council to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved program for a term beginning July 1, 2019 through June 30, 2020 from the United States Department of Housing and Urban Development, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-088). Organization Amount 1. Interval House — Emergency shelter as a result of domestic $ 36,315 violence 2. Mercy House - Financial assistance for those at -risk of $ homelessness, rental assistance, case management and 316,491 housing search placement. • $200,000 for the Link Emergency Shelter, $25,000 for Homeless Prevention and $91,491 for Rapid Re - Housing. 3. WISEPlace — Financial assistance, case management and $ 31,128 housing search and placement. 4. HEART— Outreach and engagement by Santa Ana Police $ 51,880 Department. 5. 2-1-1 Orange County — Data collection. $ 20,750 Total For Non -Profit Organizations $ 456,564 Administration $ 37,018 TOTAL $493,582 MOTION: Solorio SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. CITY COUNCIL MINUTES 17 JUNE 4, 2019 PUBLIC HEARINGS 75A-1. PUBLIC HEARING - ADOPT THE FISCAL YEAR 2019-20 BUDGET AND APPROVE CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN {STRATEGIC PLAN 4, 2A) — Finance and Management Services Agency Legal Notice published in the Orange County Reporter on May 24, 2019 and May 31, 2019. Mayor Pulido opened the Hearing. The following spoke on the matter: • Hairo Cortes, addressed City Council to request a funding increase to the Orange County Justice organization. • Jackie Cordova, requested City Council to pass a budget that will benefit children. • Tania Sawezuk, on behalf of Vera Institute of Justice, spoke in support of continued funding of the Immigrant Defenders Law Center. • Cynthia Felix, spoke in support of continued funding of the Immigrant Defenders Law Center. • Carlos Perez, spoke in support of continued funding of the immigrant legal defense program. • Esmeralda, spoke in support of continued funding of the immigrant legal defense program. • Robert Herrera, in support of universal representation. • Idalia Rios, in support of immigrant and renters legal defense programs. • Camila Miguel, in support of investing in youth. • Ruben Barreto, in support of investing in youth and universal representation. • Miguel Hernandez, in support of universal representation, renter protections, and diverse youth programs. • Dulce Saavedra, in support of investing in youth. • Lucero Garcia, in support of universal representation program. City staff provided budget presentation. City Manager Ridge spoke. Council discussion ensued: Mayor Pulido spoke. City Manager Kristine Ridge spoke. Councilmember Iglesias, requested staff to provide current staffing levels by department. City Manager Kristine Ridge spoke. Mayor Pro Tern Villegas, requested Measure X revenue to be placed in an account with oversight and to set aside funding towards a family justice center. CITY COUNCIL MINUTES 18 JUNE 4, 2019 Councilmember Penaloza, requested staff to provide a clearer summary of the budget by department. Requested staff to provide the number residents that have been assisted by the legal defense fund. City Manager Kristine Ridge spoke. Police Chief Valentin spoke. Councilmember Solorio, unsupportive of budget as presented. Councilmember Sarmiento, supportive of the balanced budget as presented. Noted need to better define how Measure X and cannabis revenue will be appropriated. Mayor Pulido, supportive of budget as presented. City Manager Ridge spoke. Councilmember Solorio spoke. City Attorney Carvalho spoke. Mayor Pulido spoke. Councilmember Solorio spoke. Supportive of adopting resolution to begin process. City Manager Ridge spoke. Councilmember Solorio, supportive of calling for special meeting. Unsupportive of budget as presented. Councilmember Penaloza spoke. City Manager Ridge spoke. Councilmember Sarmiento spoke. City Attorney Carvalho spoke. Councilmember Sarmiento spoke. City Attorney Carvalho spoke. Councilmember Solorio motioned for a two -week continuance. Mayor Pulido spoke. Councilmember Sarmiento spoke. CITY COUNCIL MINUTES 19 JUNE 4, 2019 Mayor Pulido spoke. Councilmember Penaloza spoke. Councilmember Solorio motioned for a two -week continuance. Mayor Pulido seconded motion for a two -week continuance. Mayor Pulido closed the Public Hearing. AMENDED MOTION: Continue consideration of matter for two weeks. MOTION: Solorio SECOND: Pulido VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 75A-2. PUBLIC HEARING — ADOPT RESOLUTION ESTABLISHING FISCAL YEAR 2019-20 MISCELLANEOUS FEES AND SANITATION FEE {STRATEGIC PLAN 4, 2A) — Finance and Management Services Agency Legal Notice published in the Orange County Reporter on May 24, 2019 and May 31, 2019. City Manager Kristine Ridge spoke. Mayor Pulido opened the Hearing. There were no speakers, no staff presentation and the Hearing closed. MOTION. Adopt resolutions. 1. RESOLUTION NO. 2019-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2019-2020 2. RESOLUTION NO.2019-039 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING THE SANITATION FEE ESTABLISHED BY ARTICLE XII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE CITY COUNCIL MINUTES 20 JUNE 4, 2019 MOTION: Sarmiento SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 75A-3. APPROVE $22.6 MILLION PRE -PAYMENT FOR THE CITY'S CONTRIBUTION TO THE SAFETY EMPLOYEE PENSION UNFUNDED LIABILITY FOR FY 2019- 20 {STRATEGIC PLAN NO. 4, 1) - Finance and Management Services Agency City Manager Kristine Ridge spoke. Mayor Pulido opened the Hearing. There were no speakers, no staff presentation and the Hearing closed. MOTION: Approve a $22,644,532 pre -payment for the City's annual Unfunded Actuarial Liability to California Public Employees Retirement System (CaIPERS) — Safety Plan for Fiscal Year 2019-20. MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, (4) NOES: Iglesias, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. 75B. PUBLIC HEARING — APPROVE THE FISCAL YEAR 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR A TOTAL AMOUNT OF $7,146,686 {STRATEGIC PLAN NOS. 1,6; 2,2; 5,41 — Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 27, 2019 by a vote of 6-1 (Urzua abstained). Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet on May 14, 2019. CITY COUNCIL MINUTES 21 JUNE 4, 2019 Mayor Pulido opened the Hearing. The following spoke on the matter: • Nati Alvareal, addressed City Council to request grant fund approval for the street intervention after school program. • Bryan Marquez, thanked City Council for supporting the Cambodian youth program. • Jesus Marquez, supportive of funding Plan Ahead program. Mayor Pulido closed the Hearing. Council discussion ensued. Council discussion ensued. Councilmember Sarmiento motioned for a 30-day continuance, seconded by Pulido. Councilmember Solorio, consider use of cannabis revenue applied unfunded organizations. Councilmember Penaloza requested clarification on motion. Councilmember Sarmiento spoke. City Manager Kristine Ridge advised council on the urgency of the item. Mayor Pulido introduced friendly motion to continue item to a special meeting date to be determined to consider the budget. Councilmember Sarmiento accepted friendly amendment. Councilmember Penaloza spoke. FRIENDLYAMENDED MOTION: Continue consideration of matter to special meeting for a date to be determined. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: SECOND: Sarmiento Penaloza, Pulido, Villegas(5) None (0) None (0) ABSENT: Iglesias (1) * Ward 4 representative vacant. Sarmiento, Solorio, CITY COUNCIL MINUTES 22 JUNE 4, 2019 75C. PUBLIC HEARING - APPROVE THE FISCAL YEAR 2019 - 2020 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AND EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM; AND AUTHORIZE SUBMISSION TO HOUSING AND URBAN DEVELOPMENT {STRATEGIC PLAN NO. 5, 1} — Community Development Agency Community Redevelopment and Housing Commission approved recommended action on March 27, 2019 by a vote of 9-0. Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet on May 14, 2019. Mayor Pulido spoke. City Manager Ridge spoke. Executive Director of Community Development Mendoza spoke. AMENDED MOTION: Continue consideration of matter to special meeting for a date to be determined. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas(5) NOES: None (0) ABSTAIN: None (0) ABSENT: Iglesias (1) * Ward 4 representative vacant. 75D. PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2018-72, AMENDMENT APPLICATION NO.2018-04, DEVELOPMENT AGREEMENT NO.2018-02, AND TENTATIVE PARCEL MAP NO. 2018-01 FOR THE MAINPLACE TRANSFORMATION AND EXPANSION PROJECT SPECIFIC PLAN LOCATED AT 2800 NORTH MAIN STREET - FILED BY MAINPLACE SHOPPINGTOWN, LLC — {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4) — Planning and Building Agency Planning Commission approved recommended action on May 13, 2019 by a vote of 5-0 (Alderete and Nguyen absent). Legal Notice published in the Orange County Reporter May 24, 2019 and notices mailed on said date. Mayor Pulido opened the Hearing. The following spoke on the matter: CITY COUNCIL MINUTES 23 JUNE 4, 2019 • Alex Zamora, unsupportive of item. • Elizabeth Hansburg, in support of item. • Mario Tafolla, in support of item. • Dale Helvig, in support of item. • Brian Flynn, unsupportive of item. • John Tafoya, unsupportive of item. • Genelle Johnson, in support of item. • Luz Maria Ibarra, in support of item. • Raymundo Lagunas, in support of item. • Eugene Robledo, in support of item. • Carlo Bonanni, unsupportive of item. • Cory Sams, in support of item. Brief staff presentation by Planning and Building Executive Director Executive Director of Planning and Building Safety Minh Thai. Jennifer Lynch, BBK attorney, spoke. Applicant, Chief Executive Officer, Steven Levin, of Centennial Real Estate Company spoke. Oliver Robinson, Executive Vice President of Development Construction for Centennial Real Estate spoke. Council discussion ensued. Councilmember Iglesias spoke. Oliver Robinson spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Iglesias spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Iglesias spoke Mayor Pulido spoke. Applicant spoke. Mayor Pulido spoke. Councilmember Penaloza spoke. Mayor Pro Tern Villegas spoke. CITY COUNCIL MINUTES 24 JUNE 4, 2019 Applicant spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Iglesias spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Solorio spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Solorio spoke. Applicant spoke. Councilmember Solorio spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Solorio spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Solorio spoke. Councilmember Sarmiento spoke. Applicant spoke Jennifer Lynch, BBK attorney, spoke. Councilmember Sarmiento spoke. Jennifer Lynch, BBK attorney, spoke. Mayor Pulido spoke. Applicant spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. Unsupportive of item as presented. Executive Director of Planning and Building Safety Minh Thai spoke. Mayor Pulido called for the question. Villegas motioned, seconded by Mayor Pulido. CITY COUNCIL MINUTES 25 JUNE 4, 2019 Planning and Building Executive Director Executive Director of Planning and Building Safety Minh Thai submitted letter addressing comments received recently on the item to be included in the record; and asked for conforming changes to the resolution pertaining to Tentative Parcel Map No. 2018-01 for consistency with Development Agreement No. 2018-02 to be included as part of the motion. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-040 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AND RE - ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2966 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-04 FOR THE MAINPLACE MALL SPECIFIC PLAN FOR THE PROPERTY LOCATED AT 2800 NORTH MAIN STREET 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2967 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING BETWEEN THE CITY OF SANTA ANA AND MAINPLACE SHOPPINGTOWN, LLC FOR THE MAINPLACE MALL TRANSFORMATION PROJECT AT 2800 NORTH MAIN STREET, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. AGMT 2019-089 — With Mainplace Shoppingtown, LLC for a ten-year period. 4. Adopt amended resolution. RESOLUTION NO. 2019-041 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2018-01, AS CONDITIONED, TO ALLOW SUBDIVISION OF SIX EXISTING PARCELS INTO 10 PARCELS FOR THE MAINPLACE MALL AT 2800 NORTH MAIN STREET MOTION: Villegas SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Villegas(4) NOES: Sarmiento, Solorio (2) CITY COUNCIL MINUTES 26 JUNE 4, 2019 ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 75E. PUBLIC HEARING - ABANDONMENT NO. 19-02 TO VACATE A PORTION OF MAIN PLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD {STRATEGIC PLAN NOS. 3, 2; 5,31 — Public Works Agency Legal Notice published in the Orange County Reporter on May 24, 2019 and May 31, 2019. Mayor Pulido opened the Hearing. There were no speakers, no staff presentation and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2019-042 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF MAINPLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD (ABANDONMENT NO. 19- 02) MOTION: Villegas SECOND: Sarmiento VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. 75F. PUBLIC HEARING — ORDINANCE AMENDMENT NO. 2019-01 TO ADD TO AND AMEND CERTAIN SECTIONS OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW VERTICAL AND HORIZONTAL INTEGRATION OF CANNABIS BUSINESSES; UPDATING PROCEDURAL STANDARDS AND REQUIREMENTS RELATING TO OWNERSHIP TRANSFERS, SECURITY DEPOSITS, AND VARIOUS ADMINISTRATIVE PROCESSES; AND REDUCING CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS {STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 3} — Finance and Management Services Agency; and Planning and Building Agency Legal Notice published in the Orange County Reporter May 24, 2019 and May 31, 2019. CITY COUNCIL MINUTES 27 JUNE 4, 2019 Mayor Pulido and Councilmember Sarmiento recused themselves. Mayor Pro Tern Villegas opened the Hearing. There were no speakers, no staff presentation. Council discussion ensued. Councilmember Penaloza spoke. MOTION. 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII, AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL INTEGRATION (SECTIONS 21-131.2 AND 21-142); REDUCTION IN THE GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES, DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS, CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT REQUIREMENTS (SECTION 21-133); AND REDUCTION OF SECURITY DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL REQUIREMENTS (SECTIONS 21-80, 21-80.1, 21-86 AND 21-136) 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR TESTING LABORATORIES FROM FIVE (5%) PERCENT TO TWO (2%) PERCENT 3. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CANOPY MEASUREMENT SERVICE FEE AND AN ALLOCATED SQUARE FOOTAGE MEASUREMENT SERVICE FEE MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Penaloza Penaloza, Solorio, Villegas(3) Iglesias (1) Pulido, Sarmiento (2) None (0) Ward 4 representative vacant. Motion failed. CITY COUNCIL MINUTES 28 JUNE 4, 2019 Councilmember Solorio spoke. City Attorney Carvalho spoke Mayor Pro Tem Villegas spoke. Councilmember Penaloza motioned to reconsider. Mayor Pulido and Councilmember Sarmiento recused themselves. City Manager Ridge spoke. Mayor Pro Tem Villegas spoke. Councilmember Solorio spoke. Councilmember Penaloza spoke. MOTION: Reconsideration of item. MOTION: Penaloza VOTE: AYES: NOES ABSTAIN SECOND: Villegas Penaloza, Solorio, Villegas(3) Iglesias (1) Pulido, Sarmiento (2) ABSENT: None (0) * Ward 4 representative vacant. • Motion to reconsider failed. Council discussion on item 75F continued. Councilmember Penaloza spoke. City Manager Kristine Ridge spoke. Mayor Pro Tem Villegas spoke. City Attorney Sonia Carvalho spoke. Mayor Pulido and Councilmember Sarmiento stated reason for recusing themselves from item 75F. CITY COUNCIL MINUTES 29 JUNE 4, 2019 75G. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS OF THE TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) AMENDMENT SECTIONS INCLUDED: BUILDING HEIGHTS — LINED BLOCK; OFF-STREET PARKING OPTIONS; PARKING DRIVEWAY STANDARDS; UPPER STORY SETBACK; LOT WIDTH AND DEPTH STANDARDS; OPEN SPACE STANDARDS; MASSING STANDARDS AND LOT WIDTH AND DEPTH STANDARDS TEXT AMENDMENTS — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3, 2; 5, 31 — Planning and Building Agency Planning Commission approved recommended action on May 14, 2019 by a vote of 4-1 (Cano dissented; Alderete and Contreras -Leo absent). Legal Notice published in the Orange County Reporter May 24, 2019. Mayor Pulido opened the Hearing. There were no speakers, staff presented. Council discussion ensued. Councilmember Penaloza, moved for continuance. Councilmember Iglesias, seconded. City Manager Ridge spoke. Councilmember Penaloza spoke. City Manager Ridge spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Penaloza spoke. City Manager Ridge spoke. Councilmember Penaloza spoke. Planning Manager Candida Neal, provided City Council with staff presentation. Councilmember Penaloza spoke. Planning Manager Candida Neal, continued with staff presentation. Councilmember Penaloza spoke. Planning Manager Candida Neal, continued with staff presentation. Councilmember Penaloza spoke. Councilmember Sarmiento spoke. CITY COUNCIL MINUTES 30 JUNE 4, 2019 City Manager Ridge spoke. Councilmember Sarmiento spoke. Planning Manager Candida Neal spoke. City Attorney Carvalho spoke. Councilmember Penaloza spoke. City Attorney Carvalho spoke. Councilmember Penaloza spoke. City Attorney Carvalho spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. City Manager Ridge spoke. Mayor Pulido spoke. City Manager Ridge spoke. Councilmember Iglesias spoke. Mayor Pulido spoke. Mayor Pro Tern Villegas spoke, Councilmember Penaloza spoke. Planning Manager Candida Neal spoke. Councilmember Penaloza spoke. MOTION: Continue consideration of matter for 30 days. MOTION: Penaloza SECOND: Iglesias VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) CITY COUNCIL MINUTES 31 JUNE 4, 2019 ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 75H. PUBLIC HEARING — MITIGATED NEGATIVE DECLARATION NO. 2015-14; GENERAL PLAN AMENDMENT NO.2017-03 TO CHANGE THE DESIGNATION OF THE PROPERTIES AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 TO ALLOW CONSTRUCTION OF 17 RESIDENTIAL TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE - FILED BY HAPHAN GROUP INC. {STRATEGIC PLAN NO. 3, 2)— Planning and Building Agency Planning Commission approved recommended action on May 13, 2019 by a vote of 6-0 (Alderete absent). Legal Notice published in the Orange County Reporter May 24, 2019 and notices mailed on said date. Mayor Pulido opened the Hearing. The following spoke on the matter: ® Marisol Cardenas, unsupportive of item. Mayor Pulido closed the Hearing and council discussion ensued: Councilmember Iglesias spoke. City Manager Ridge spoke. Planning Manager Candida Neal spoke. Principal Civil Engineer Taig Higgens spoke. Councilmember Iglesias spoke. Executive Director of Planning and Building Safety Minh Thai spoke. Councilmember Iglesias spoke. Councilmember Solorio spoke. Applicant spoke. City Manager Ridge spoke. Principal Civil Engineer Taig Higgens spoke. CITY COUNCIL MINUTES 32 JUNE 4, 2019 Councilmember Solorio spoke. Principal Civil Engineer Taig Higgens spoke. Councilmember Solorio spoke. City Manager Ridge spoke. Councilmember Solorio spoke. Supportive of continuing item for two weeks. SUBSTITUTE MOTION: Continue consideration of matter to two weeks. MOTION: Solorio SECOND: Pulido VOTE: AYES: Pulido, Sarmiento, Solorio, Villegas(4) NOES: Penaloza, Iglesias (2) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. *AFTER CONSIDERATION OF ITEM 75J, CITY MANAGER KRISTINE RIDGE PROVIDED CLARIFICATION ON ITEM 75H AND INQUIRED IF COUNCIL WOULD LIKE TO RECONSIDER SAID ITEM. MOTION: Reconsideration of item 75H. MOTION: Solorio SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Viliegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. CITY COUNCIL MINUTES 33 JUNE 4, 2019 Councilmember Solorio spoke. MOTION: Adopt resolutions. 1. RESOLUTION NO. 2019-043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2015-14 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; FOR GENERAL PLAN AMENDMENT NO.2017-03, TENTATIVE TRACT MAP NO. 2017-04 AND VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT LOCATED AT 3025 WEST EDINGER AVENUE RESOLUTION NO. 2019-044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO.2017-03 FOR THE PROPERTIES LOCATED AT 2935, 3007, 3013, 3019, 3025 AND 3109 WEST EDINGER AVENUE 3. RESOLUTION NO. 2019-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2017-04 AS CONDITIONED TO CONSOLIDATE THREE EXISTING PARCELS INTO ONE DEVELOPMENT SITE AND CREATE A SUBDIVISION OF 17 CONDOMINIUM UNITS AT 3025 AND 3109 WEST EDINGER AVENUE 4. RESOLUTION NO. 2019-046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-10 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF 17 TOWNHOMES AND ALLOW AN INCREASE IN BUILDING HEIGHT, REDUCTION IN FRONT YARD SETBACK, DEVIATIONS TO OPEN SPACE AND FLOOR PLAN CONFIGURATION STANDARDS FOR THE PROPERTY LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE MOTION: Solorio SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. CITY COUNCIL MINUTES 34 JUNE 4, 2019 751. PUBLIC HEARING — MITIGATED NEGATIVE DECLARATION NO. 2018-75; GENERAL PLAN AMENDMENT NO. 2019-01; AMENDMENT APPLICATION NO. 2019-01 TO CHANGE THE DESIGNATION OF THE PROPERTY AT 651 WEST SUNFLOWER AVENUE FROM GENERAL COMMERCIAL TO URBAN NEIGHBORHOOD; LOW -DENSITY RESIDENTIAL TO SPECIFIC DEVELOPMENT NO. 94 TO ALLOW THE CONSTRUCTION OF 226 RESIDENTIAL APARTMENT UNITS - FILED BY LEGACY PARTNERS {STRATEGIC PLAN NOS. 3, 2} — Planning and Building Agency Planning Commission approved recommended action on May 13, 2019 by a vote of 6-0 (Alderete absent). Legal Notice published in the Orange County Reporter May 24, 2019 and notices mailed on said date. Mayor Pulido opened the Hearing. The following spoke on the matter: • Adrian Esparza, in support of item. • Daniel Garcia, in support of item. • Judy Edge, addressed City Council to request neighborhood utility lines to be installed underground. • Tammy Frias, in support of item. • Brian Heney, in support of item. • Anna Menendez, in support of item. • Spencer Miller, in support of item. • Diane Pritchett, in support of item. Applicant, Tim O'Brien on behalf of Legacy Partners, addressed City Council to request approval of item. Council discussion ensued. Councilmember Penaloza spoke. Councilmember Iglesias spoke Applicant, Tim O'Brien on behalf of Legacy Partners spoke. Councilmember Iglesias spoke Applicant, Tim O'Brien on behalf of Legacy Partners spoke. Councilmember Iglesias spoke Executive Director of Planning and Building Safety Minh Thai spoke CITY COUNCIL MINUTES 35 JUNE 4, 2019 Councilmember Sarmiento spoke. Councilmember Solorio spoke MOTION. 1. Adopt resolutions. a. RESOLUTION NO. 2019-047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-76 AND APPROVING AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE b. RESOLUTION NO. 2019-048 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2019-01 FOR THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2968 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-01 REZONING THE PROPERTY LOCATED AT 651 WEST SUNFLOWER AVENUE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) (AA NO. 2019-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 94 (SD-94) FOR SAID MOTION: Solorio SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. CITY COUNCIL MINUTES 36 JUNE 4, 2019 75J. PUBLIC HEARING CONTINUED — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CHANGING THE BOUNDARIES OF WARD 3 IN CONJUNCTION WITH THE PROPOSED 24.78-ACRE COUNTY ISLAND ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE — Planning and Building Agency Matter continued to the June 18, 2019 City Council meeting at the request of staff. *CITY MANAGER KRISTINE RIDGE PROVIDED CLARIFICATION ON ITEM 75H AND INQUIRED IF COUNCIL WOULD LIKE TO RECONSIDER SAID ITEM. 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 CONSIDER DIRECTING CITY MANAGER TO REQUEST STAFF TO CONSIDER SCHEDULING A PUBLIC HEARING OF THE REGIONAL SIGN PROGRAM NO. 2018-01 FOR THE DISCOVERY CUBE - Councilmember Solorio Councilmember Solorio spoke. Councilmember Penaloza, requested further discussion of Zoo sign advertisement opportunities. 85B. DISCUSS POLICE SUBSTATIONS - Councilmember Iglesias Councilmember Iglesias, requested staff to provide cost analysis of creating police substations in each ward. City Manager Ridge spoke. RECESSED CITY COUNCIL MEETING AT 11:31 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:31 P.M. COMMENTS PUBLIC COMMENTS (Non-Agendized Items). The following spoke: CITY COUNCIL MINUTES 37 JUNE 4, 2019 • Mary Jo Baretich, requested City Council to assist mobile home park owners. In support of rent stabilization ordinance. :James Osborne, requested City Council assist mobile home park owners. • Pedro Correa, requested City Council to assist mobile home park owners. In support of rent stabilization ordinance. • Dao Tran, requested City Council to assist mobile home park owners against rent gauging. • Tuat Mai, requested City Council to assist mobile home park owners against rent gauging. • Jasper Newkirk, requested City Council to assist mobile home park owners against rent gauging. • Char Marchbank, requested City Council to assist mobile home park owners against rent gauging. • Huong Luong, requested City Council to assist mobile home park owners against rent gauging. • Roseanne Clark, requested City Council to assist mobile home park owners. In support of rent stabilization ordinance. • Joann Jones, requested City Council to assist mobile home park owners from excessive rent increases. • Anh Tran, requested City Council to assist mobile home park owners against rent gauging. • Tammy Tran Vivian, requested City Council to assist mobile home park owners from excessive rent increases. • Duc Ho, requested City Council to assist mobile home park owners from excessive rent increases. • Han Nguyen, requested City Council to assist mobile home park owners from excessive rent increases. • Dinh Pham, requested City Council to assist mobile home park owners from excessive rent increases. • Tri Le, requested City Council to assist mobile home park owners from excessive rent increases. • Tammy Tran, requested City Council to assist mobile home park owners from excessive rent increases. • Hong Le, requested City Council to assist mobile home park owners from excessive rent increases. • Trung Truong, requested City Council to assist mobile home park owners from excessive rent increases. • Chien Huynit, requested City Council to assist mobile home park owners from excessive rent increases. • Mary Lan Le, requested City Council to assist mobile home park owners from excessive rent increases. • Khai Vu, requested City Council to assist mobile home park owners from excessive rent increases. • Lan Ho, requested City Council to assist mobile home park owners from excessive rent increases. • Dale Helvig, expressed concern as to 2525 Main Street development. CITY COUNCIL MINUTES 38 JUNE 4, 2019 • Qui Vuong, requested City Council to assist mobile home park owners from excessive rent increases. • Carlo Bonanni, expressed concern as to homeless population residing on railroad tracks and apartment developments. 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento, noted pending state legislation to address rent stabilization. Mayor Pro Tern Villegas, reported attendance at open house police recruitment event. Councilmember Solorio, noted upcoming 150th anniversary event at the Heritage Museum. Councilmember Penaloza, thanked staff for all of their efforts. Councilmember Iglesias, directed City Manager to place an RV Parking enforcement update on the June 18, 2019 City Council meeting agenda. Reported attendance at the May 23, 2019 Orange County Sanitation District meeting attendance. ADJOURNED- 12:32 A.M. - The next meeting of the City Council is scheduled for Tuesday, June 18, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Norma Mitre, Acting Clerk of the Council FUTURE AGENDA ITEMS • CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION • GENERAL PLAN UPDATE • CITY'S 150TH ANNIVERSARY PLANNING • CONTRACTED SECURITY FOR PARKS CITY COUNCIL MINUTES 39 JUNE 4, 2019