HomeMy WebLinkAbout2017-11-21 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 21, 2017
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:13 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
VICENTE SARMIENTO
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
TELECONFERENCE - Pursuant to Government Code Section 54953(b), Mayor Pro
Tem Martinez participated in the meeting via telephone conference call from 901
Smallwood Avenue, McKinney Texas 75070 at 5:13 p.m. The Agenda for said meeting
was posted at said location as required by the Brown Act.*
AGENDA ITEM ADDED
Pursuant to Government Code Section 54954.2 (b), there was a need to take immediate
action on an item and the need for action came to the attention of the local agency
subsequent to the posting of the agenda; City Attorney Carvalho requested that the
following item be added to the Agenda:
4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION pursuant
to Government Code Section 54956.(d) — 1 case
CITY COUNCIL MINUTES 1 NOVEMBER 21, 2017
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss
certain matters without members of the public present. The City Council finds, based on
advice from the City Attorney, that discussion in open session of the following matters
will prejudice the position of the City in existing and anticipated litigation:
1
2.
3.
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
a. City of Santa Ana v McDonald's Corporation, Orange County Superior Court
Case No. 30-2015-00775718-CU-EI-CJC
b. The Orange County Catholic Worker, et al. v City of Santa Ana, United States
District Court for the Central District of CA (S.D.), Case No.: 8:17-cv-01340
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: APN # 398-264-13; 201 W. 3rd Street; 62,243 sq. ft.
(1.43 acres)
Negotiators: Interim Community Development Agency Director
Robert Zur Schmiede, and Consultant Elisa
Stipkovich
Terms: Conditions on the potential development and sale of
City -owned property.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators:
Raya
Employee Organizations:
Personnel Services Executive Director, Ed
• Santa Ana Police Officers Association
(POA)
• Santa Ana Police Management
Association
(PMA)
CITY COUNCIL MINUTES 2 NOVEMBER 21, 2017
• Service Employees' International Union
(SEIU) Full -Time Employees
• Service Employees' International Union
(SEIU) Part-time Civil Service
Employees
• Service Employees' International Union,
Part Time
• Confidential Association of Santa Ana
(CASA)
• Santa Ana Management Association
(SAMA)
CLOSED SESSION REPORT- See Item 19A for any reportable actions
ADJOURNED THE CLOSED SESSION MEETING AT 6:29 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 3 NOVEMBER 21, 2017
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:31 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JERRY HILL, POLICE CHAPLAIN
SPECIAL PRESENTATION — Update from the Community Redevelopment and
Housing Commission by Gary L. Wood.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES recognizing Critical
Infrastructure Month.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO, to
the Board of the Santa Ana Police Athletic and Activity League and volunteers for their
outstanding contributions to the community:
Board: Deisy Aguayo; Francisco Aguayo; Kenney Aguilar; David Ai; Beatriz
Badillo; Michelle Fernandez; Daisy Gama; Dario Gaitan; Abel Medina; Graciela
Oropeza; Manuel Ortega; Patricia Rodriguez; Victor Sanchez
CITY COUNCIL MINUTES 4 NOVEMBER 21, 2017
Volunteers: Michelle Acosta; Yvette Acosta; Grant Cuevas; Fatima Galache;
Fatima Gama; Diego Garcia; Jessica Gonzalez; Yelitza Guillen; Gisselle Ibarra;
Juleyni Lara; Elisa Lopez; Yesenia Montoya; Justine Nava; Luis Quiroz; Alexis
Mejia Rodriguez; Zack Sanchez
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO, to
the Tzu Chi Orange County Service Center for their outstanding contributions to the
community
CLOSED SESSION REPORT — No items to report out of Closed Session.
AGENDA ITEMS CONSIDERED OUT OF ORDER
13B. APPOINT BRENDA LISBET MEDEL-CARRILLO TO THE YOUTH
COMMISSION AS AN ASSOCIATE MEMBER FOR A FULL TERM
EXPIRING DECEMBER 11, 2018 AS THE WARD 2 ASSOCIATE
REPRESENTATIVE (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
MOTION Nominate Brenda Lisbet Medel-Carrillo for an appointment
to the Youth Commission as an Associate Member representing
Ward 2 (replaces L. Camacho).
13C. APPOINT DAVID DE LEON TO THE BOARD OF RECREATION AND
PARKS FOR A PARTIAL -TERM EXPIRING DECEMBER 11, 2018 AS
THE WARD 4 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk
of the Council Office
MOTION: Nominate David De Leon for an appointment to the Board
of Recreation and Parks as the Ward 4 representative (replaces D.
Lopez).
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Pulido
Benavides, Martinez, Pulido, Solorio,
Sarmiento, Villegas, and Tinajero, (7)
None (0)
None (0)
None (0)
5
NOVEMBER 21, 2017
OATH OF OFFICE ADMINISTERED BY CLERK OF THE COUNCIL HUIZAR TO
NEWLY APPOINTED COMMISSIONERS MEBEL-CARRILLO AND DE LEON.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent
Calendar Items 10A through 32A, with the following modifications:
• Mayor Pro Tem Martinez dissented on Agenda Item 11A and pulled the
following items for separate action: 11 C, 11 D, 11 E, 19E, 19F, 19G, 20B,
20C, 23A, 25A, 25B, and 32A;
• Mayor Pulido and Councilmember Sarmiento abstained on Agenda Items
11D and 11E.
• Mayor Pulido participated in vote for item 11C; clarified that he
inadvertently abstained in error on the first reading of the vote.
• Councilmember Sarmiento abstained from 20B.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE SPECIAL OPEN SESSION MEETING OF
OCTOBER 31, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 6 NOVEMBER 21, 2017
10B. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 7, 2017
(STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE ADJOURNED REGULAR MEETING OF
NOVEMBER 9, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention' before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the
minutes for second reading.
11A. SECOND READING ORDINANCE: ADOPT AN ORDINANCE
APPROVING AN AMENDMENT TO PROVISIONS OF SPECIFIC
DEVELOPMENT (SD) NO. 60, PERTAINING TO THE SANTA ANA AUTO
MALL LOCATED AT 1505 SOUTH AUTO MALL DRIVE RELATING TO
THE SIGNAGE REQUIREMENTS {STRATEGIC PLAN NO. 5, 1)- Clerk of
the Council Office
Placed on first reading at the November 7, 2017 City Council meeting and
approved by a vote of 5-1 (Pulido abstained; and Martinez dissented).
Published in the Orange County Reporter on November 10, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2933 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO
PROVISIONS OF SPECIFIC DEVELOPMENT (SD) NO. 60,
PERTAINING TO THE SANTA ANA AUTO MALL RELATING TO THE
SIGNAGE REQUIREMENTS
'Mayor Pro Tem Martinez dissented on Agenda Item 11A.
11B. SECOND READING ORDINANCE: ADOPT AN ORDINANCE
AMENDING CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO STREAMLINING TATTOO
PARLORS, FARMERS MARKETS AND AFTER HOURS OPERATIONS
IN THE COMMERCIAL -SOUTH MAIN ZONING DISTRICT — CITY OF
SANTA ANA, APPLICANT - Clerk of the Council Office
CITY COUNCIL MINUTES 7 NOVEMBER 21, 2017
Placed on first reading at the November 7, 2017 City Council meeting and
approved by a vote of 6-0 (Benavides absent).
Published in the Orange County Reporter on November 10, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2931 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-159, 41-
159.5, 41-195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 AND 41-522 OF
CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE, TABLE 3-2 OF
THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN
(SP2), TABLE 3 OF THE METRO EAST MIXED USE OVERLAY ZONE
(MEMO), AND TABLE 2A OF THE TRANSIT ZONING CODE — SPECIFIC
DEVELOPMENT NO. 84 (SD -84)
Placed on first reading at the November 7, 2017 City Council meeting and
approved by a vote of 6-0 (Pulido absent).
Published in the Orange County Reporter on November 10, 2017.
Mayor Pro Tem Martinez, asked if staff reviewed communication sent to
City Council to ensure we had a good ordinance in place.
Planning Manager Vince Fregoso, confirmed staff reviewed
communication and part of the task force
Mayor Pro Tem Martinez, asked after ordinance is implemented in
residential area that we revisit the item in the near future to determine if it
should be implemented city wide.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2932 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE SECTIONS 5-1 (DEFINITIONS) AND 5-7 (BEES PROHIBITED)
TO ALLOW RESIDENTIAL BACKYARD BEEKEEPING
MOTION: Martinez SECOND: Pulido
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
CITY COUNCIL MINUTES 8 NOVEMBER 21, 2017
11 D.
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Placed on first reading at the November 9, 2017 Adjourned City Council
meeting and approved by a vote of 5-0 (Pulido and Sarmiento absent).
Published in the Orange County Register on November 12, 2017.
Mayor Pro Tem Martinez, asked staff to confirm the tax rate for medical
retail marijuana.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2930 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF
ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO MEDICINAL MARIJUANA TO UPDATE DEFINITIONS
TO COMPLY WITH STATE LAW AND ENSURE CONSISTENCY WITH
CHAPTER 40 OF THE MUNICIPAL CODE, AND AMENDING ARTICLE
XII, SECTION 21-127 OF CHAPTER 21 OF THE SANTA ANA
MUNICIPAL CODE INCREASING THE TAX ON MEDICINAL RETAIL
MARIJUANA BY ONE PERCENT, FROM FIVE PERCENT TO SIX
PERCENT
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
CITY COUNCIL MINUTES 9 NOVEMBER 21, 2017
NOES: None (0)
ABSTAIN: Pulido, Sarmiento (2)
ABSENT: None (0)
Placed on first reading at the October 17, 2017 City Council meeting and
approved by a vote of 4-0 (Pulido and Sarmiento abstained; and Martinez
absent)
Mayor Pro Tem Martinez, asked how Chapter 4 commercial cannabis will
apply to rules and offering guidelines to medicinal cannabis, if other rules
and operating guidelines will have to be complied with and if it would apply
to delivery services for medicinal and adult use cannabis operators.
City Manager Godinez, indicated that ordinance allows for existing
dispensaries that are approved for medicinal cannabis will be eligible to
sell for adult use without having to go through a competitive process.
City Attorney Carvalho, noted retail adult cannabis will have to comply with
the same standards as the medicinal cannabis operators and not any
different.
Councilmember Benavides, asked if existing medicinal dispensaries would
be required to go through a retail application and if permits would be
increased to create opportunities for others.
City Attorney Carvalho, stated that a retail application will be required and
a verification will be performed to ensure they are in compliance with
Chapter 18 and that there will be ten additional the merit based criteria
would apply to.
MOTION: Receive and file.
ORDINANCE NO. NS -2929 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CREATING CHAPTER 40 OF THE
SANTA ANA MUNICIPAL CODE, "REGULATION OF ADULT -USE
COMMERCIAL CANNABIS RETAIL ACTIVITIES', TO REGULATE
ADULT -USE RETAIL CANNABIS ACTIVITIES AND RELATED
DELIVERY SERVICES, EXCEPTING MEDICINAL RETAIL, AND
PROHIBITING ALL OTHER COMMERCIAL CANNABIS ACTIVITIES
CITY COUNCIL MINUTES 10 NOVEMBER 21, 2017
MOTION: Martinez
SECOND: Tinajero
VOTE: AYES:
Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
NOES:
None (0)
ABSTAIN:
Pulido, Sarmiento (2)
ABSENT:
None (0)
NOTICE OF PUBLIC BEARINGS
12A. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT -
INTENT TO LEVY ASSESSMENT FOR 2018 (STRATEGIC PLAN NO. 3,
4F) - Community Development Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on October 25, 2017 by a vote of 5-0 (Ramos
abstained; and De Leon absent).
RECOMMENDED ACTIONS:
1. Adopt a resolution.
RESOLUTION NO. 2017-067 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN
SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR
2018
2. Set a public hearing for Tuesday, December 19, 2017.
3. Approve the 2018 Assessment Report for the Downtown Santa
Ana Business Improvement District (BID), which is administered
by two organizations—the Santa Ana Business Council and
Downtown Incorporated.
BOARDS / COMMISSIONS / COMMITTEES
13A. AGENDA AND MINUTES OF THE MEETING OF YOUTH, EDUCATION
AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE,
OCTOBER 23, 2017 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council
Office
CITY COUNCIL MINUTES 11 NOVEMBER 21, 2017
MOTION: Receive and file.
13B. AGENDA ITEM CONSIDERED OUT OF ORDER
13C. AGENDA ITEM CONSIDERED OUT OF ORDER
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — NONE
19C. STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2017
{STRATEGIC PLAN NO. 5, 11 - City Manager's Office
MOTION: Receive and file.
19D. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY
CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR
OCTOBER 2017 {STRATEGIC PLAN NO. 5, 1) - Public Works Agency
MOTION Receive and file.
Mayor Pro Tem Martinez, asked staff how Request for Proposal will be
rolled out and confirm consistency with the Council Committee, and how it
be distributed.
Parks, Recreation and Community Services Executive Director, Gerardo
Mouet, noted they have an established list throughout Southern California
of private producers and notice will be sent out to everyone locally and in
the region.
MOTION Receive and file.
MOTION: Martinez
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
12
NOVEMBER 21, 2017
1 gF.
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Mayor Pro Tem Martinez, asked who made the decision to change the
bylaws to include events in the Community Development and Parks and
Recreation without going before the City Council.
Parks, Recreation and Community Services Executive Director Mouet,
noted that Interim City Manager Cynthia Kurtz suggested the Youth
Education and Community Services Council Committee review the
proposal of the scope of the committee to include updates of city produced
events and the adoption of the bylaws are now before the City Council.
Mayor Pro Tem Martinez, opined that there should be consistency across
all council committees. Asked communication with the City Council as to
what is being brought to various committees.
Councilmember Sarmiento, asked City Attorney for a report on
recommended steps on how to better report committee agenda items and
summary of committee actions.
City Attorney Carvalho, stated that City Clerk and representative from City
Manager's office held training for recording secretaries to address such
matter.
Councilmember Solorio, noted agendas and minutes are available online
and would provide a sense of what is being discussed and actions taken
by the committee.
City Attorney Carvalho, noted some committees are taking action items
and may not have details to share and conversations with secretaries to
provide more details when describing an item.
Councilmember Sarmiento, suggested guidance to committee chairs.
MOTION: Receive and file.
CITY COUNCIL MINUTES 13 NOVEMBER 21, 2017
I9G.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Mayor Pro Tem Martinez, requested staff to provide a copy of survey and
map of various vending locations.
MOTION Receive and file.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Tinajero, Villegas (6)
NOES: None (0)
ABSTAIN: Pulido(1)
ABSENT: None (0)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT TO RECOGNIZE RECEIPT OF
GRANT FUNDS AND AUTHORIZE AGREEMENTS FOR PEDESTRIAN
AND BICYCLE SAFETY PROGRAM (PROJECT NO. 18-6884)
{STRATEGIC PLAN NO. 1, 3B} - Public Works Agency
MOTION:
CITY COUNCIL MINUTES 14 NOVEMBER 21, 2017
200.
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2018-040 - Recognizing
Office of Traffic Safety (OTS) Public Education on Bicycle Safety
grant funds in the amount of $75,000 into the OTS -PWA Traffic
Safety Grants revenue account and appropriate the same in the
OTS -Bicycle Safety PWA expenditure account.
2. Authorize the City Manager and Clerk of the Council to execute an
agreement (PS18029) with the State of California Office of Traffic
Safety for a one-year period covering the Federal fiscal year from
October 1, 2017, through September 30, 2018, for Pedestrian and
Bicycle and Safety Program funds in an amount not to exceed
$75,000, subject to nonsubstantive changes approved by the City
Manager and City Attorney (AGMT. No. 2017-308).
3. Authorize the City Manager and the Clerk of the Council to
execute an agreement with Neighborhood Housing Services of
Orange County, Inc. dba NeighborWorks Orange County to
provide bicycle safety education services, for the period
beginning November 21, 2017, and ending September 30, 2018, in
an amount not to exceed $75,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (AGMT.
No. 2017-309).
Mayor Pro Tem Martinez, requested staff to clarify if property was surplus
property.
Assistant Public Work Agency, William Galvez, noted that property is not
surplus.
Mayor Pro Tem Martinez, opined the commitment to public resources and
its use for the public benefit is their responsibility.
Councilmember Benavidez, suggest staff develop a process in disposing
of property.
CITY COUNCIL MINUTES 15 NOVEMBER 21, 2017
1. Authorize the City Manager and Clerk of the Council to execute a
purchase and sale agreement with In -N -Out Burgers, a California
corporation, for the sale of City -owned property located at 827,
829, and 907 North Bristol Street in the amount of $905,000,
subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2017-310).
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2018-041 - Recognizing
revenue in the amount of $603,482 in the Select Street Construction
Fund revenue account for Fiscal Year 2017-18 from sale of City -owned
property located at 827, 829, and 907 North Bristol Street and
appropriating the same into the OCTA Bristol Street Corridor
Improvements expenditure account. Receipt of Measure M Street
Construction proceeds of $301,518 will be disbursed to the Orange
County Transportation Authority.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
20C.
SECOND: Tinajero
Benavides, Pulido, Solorio, Tinajero, Villegas
(5)
Martinez (1)
Sarmiento (1)
None (0)
MOTION:
1. Approve an appropriation adjustments. (Requires five affirmative
votes)
CITY COUNCIL MINUTES 16 NOVEMBER 21, 2017
a. APPROPRIATION ADJUSTMENT NO. 2018-038 - Recognizing
additional Community Development Block Grant funds in the
amount of $156,564 and additional Emergency Solutions Grant
funds in the amount of $1,383 in revenue account and
appropriating the same amounts to expenditure accounts.
b. APPROPRIATION ADJUSTMENT NO. 2018-039 - Recognizing
additional HOME Investment Partnerships Program funds in the
amount of $103,942 in revenue account and appropriating the
same amount to expenditure account.
2. Approve an amendment to the Fiscal Year 2017-2018 Capital
Improvement Program to add Community Development Block
Grant Funds in the amount of $21,734 to the Pacific Electric Bike
Trail Security Lighting Project (No. 18-7524) and $21,734 to the
Residential Street Repair Program Project (No. 18-7526 and 18-
7527).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 17-096 - AWARD BLANKET PURCHASE ORDER
CONTRACTS FOR VEHICLE TIRES {STRATEGIC PLAN NO. 6, 2) -
Finance and Management Services
MOTION Award blanket purchase order contracts for a one-year
period expiring November 2, 2018, with provisions for four one-year
renewals exercisable by the City Manager, in an annual amount not
to exceed $150,000, for a total aggregate amount of $662,500, subject
to non -substantive changes approved by the City Manager and City
Attorney, with the following vendors:
Vendor
Location
Allen Tire Company
Santa Ana
Bridgestone Americas Tire
Paramount
Daniels Tire Service
Santa Fe Springs
Parkhouse Tire, Inc.
Santa Ana
CITY COUNCIL MINUTES 17 NOVEMBER 21, 2017
2213. SPEC. NO. 17- 097 - AWARD PURCHASE ORDER FOR A BACKHOE
LOADER TRACTOR {STRATEGIC PLAN NO. 6, 2} - Finance and
Management Services and Public Works Agency
MOTION: Authorize a one-time purchase and payment of purchase
order to Sonsray Machinery, LLC, in the amount of $133,880 plus a
contingency of $6,700, for a total amount not to exceed $140,580,
subject to non -substantive changes approved by the City Manager
and City Attorney.
22C. SPEC. NO. 17-105 - AWARD PURCHASE ORDER FOR 20 POLICE
INTERCEPTOR PATROL VEHICLES {STRATEGIC PLAN NO. 6, 2} -
Finance and Management Services
MOTION:
1. Authorize a one-time purchase and payment of purchase order to
Fairway Ford Sales, Inc. in an amount not to exceed $667,845 plus
a contingency of $75,000 for a total amount of $742,845 subject to
non -substantive changes approved by the City Manager and City
Attorney.
2. Reject the bid from Carmenita Truck Center as nonresponsive.
Vendor did not offer black and white paint scheme as required in
specifications.
22D. SPEC. NOS. 17-122 AND 17-123 - AWARD PURCHASE ORDERS FOR
CLASSROOM TRAINING FURNITURE AND FOR COMPUTERS AT THE
ROOSEVELT -WALKER COMMUNITY CENTER {STRATEGIC PLAN NO.
2,3D) - Finance and Management Services; and Parks, Recreation and
Community Services Agency
MOTION:
1. Authorize a one-time purchase and payment of purchase order to
Culver -Newlin for the purchase of classroom training furniture in
the total amount of $196,511; and increase the aggregate limit for
miscellaneous purchases in an amount not to exceed $25,000
annually, subject to non -substantive changes approved by the
City Manager and City Attorney.
3. Authorize a one-time purchase and payment of purchase order to
Apple, Inc. for the purchase of desktop computers, laptops and
video editing software in the total amount of $74,356; and
CITY COUNCIL MINUTES 18 NOVEMBER 21, 2017
increase the aggregate limit for miscellaneous purchases in an
amount not to exceed $25,000 annually, subject to non -
substantive changes approved by the City Manager and City
Attorney
PROJECTS/CHANGE ORDERS
2SA.
Mayor Pro Tem Martinez, requested clarification on unforeseen costs that
caused contingency fee increase.
City Manager Godinez, noted pumps were unable to be rehabilitated and
required replacement.
Assistant Public Works Director Galvez, indicated that increase is being
requested in order to avoid potential delays.
Mayor Pro Tem Martinez, asked to be informed if contingency fee is used.
City Manager Godinez, concurred that it is good practice to prepare a
project closeout report.
MOTION: Approve a contingency increase of $250,000 for
construction of the Walnut Pump Station Building Upgrade, to cover
costs related to unforeseen conditions encountered during
construction.
MOTION: Martinez
VOTE: AYES
NOES:
ABSTAIN
ABSENT:
AGREEMENTS
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25A. APPROVE AMENDMENTS TO SUBRECIPIENT AGREEMENTS AND
MEMORANDUM OF UNDERSTANDING WITH THE > EMERGENCY
CITY COUNCIL MINUTES 19 NOVEMBER 21, 2017
Mayor Pro Tem Martinez, requested clarification how nonprofits were
selected and how we can track success stories of individuals who
received services.
Councilmember Solorio, opined report of impact of wrap around services
is needed.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute amendments to a memorandum of understanding and
agreements with the Emergency Solutions Grant subrecipient
providers, increasing the amounts of the agreements for program
year July 1, 2017 — June 30, 2018 by the following amounts, subject
to non -substantive changes approved by the City Manager and City
Attorney:
1. Illumination Foundation — increase agreement by $60,975.81 in
additional funds to target and house individuals directly from the
Plaza of the Flags, for a total not to exceed $207,129.81. The
program focus and goals are to stabilize individuals with wrap-
around case management services, provide bridge housing
and/or shared housing assistance and seek permanent housing
(AGMT. No. 2017-311);
2. WISEPlace — increase agreement by $7,000 for additional
outreach services to single women at the Plaza of the Flags for a
total not to exceed $30,654 (AGMT. No. 2017-312);
3. Santa Ana Police Department HEART Program — increase
memorandum of understanding by $2,500 in additional funds to
purchase bus tickets and an E -Z Up canopy for outreach services
in the Civic Center, for a total not to exceed $47,654 (AGMT. No.
2017-313).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL MINUTES
SECOND: Villegas
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
20
NOVEMBER 21, 2017
25B. APPROVAL OF AGREEMENTS FOR 'AMERICAN DIS
(ADA) , IMPROVEMEM`S TO COUNCIL CHAMBER'S
FLOOR, PHASE I {STRATEGIC PLAN NO. 61 - Finance ani
Services
Mayor Pro Tem Martinez, asked how we can implement more technology
and modernize City facilities.
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement with Vantage Company for a term of six -months
beginning November 1, 2017, for a not to exceed amount of
$26,000 (proposal of $24,860, plus $1,140 in contingency), to
modify and improve the auditorium floor of the Council Chambers
and surrounding dais and seating areas, subject to non -
substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2017-314).
2. Authorize the City Manager and Clerk of the Council to execute an
agreement with Interfinish Corporation for a term of six -months
beginning November 1, 2017, for $8,220 to re -carpet the modified
surface, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2017-315).
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
25C. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION
AGREEMENTS {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building
Agency
Recommended Action approved by the Historic Resources Commission
on October 26, 2017 by a vote of 7-0 (Nguyen absent).
MOTION: Authorize the City Manager and Clerk of the Council to
execute the attached Mills Act agreements with the below -referenced
CITY COUNCIL MINUTES 21 NOVEMBER 21, 2017
property owners for the identified structures, subject to non -
substantive changes approved by the City Manager and City
Attorney.
25D. APPROVE AN AGREEMENT TO PROVIDE SEXUAL ASSAULT VICTIM
EXAMINATIONS AND EVIDENCE COLLECTION SERVICES TO THE
POLICE DEPARTMENT {STRATEGIC PLAN GOAL NO. 1, 1D) - Police
Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute a three-year agreement with AHMC Anaheim Regional
Medical Center for the period of October 1, 2017 through September
30, 2020, in the annual amount of $61,983, for a total three-year
agreement amount not to exceed $185,950, subject to non -
substantive changes approved by the City Manager and City
Attorney. (AGMT. No. 2017-320).
LAND USE MATTERS
TENTATIVE PARCEL/TRACT MAPS
32A.
CITY COUNCIL MINUTES 22 NOVEMBER 21, 2017
Property
Historic
Address/House
AGMT. NO.
Owner(s)
Property
Preservation
Agmt. No.
1.
Matthew Lopez
2017-16
2045 N.
2017-316
Greenleaf St.
(Lund House
2.
Pamela D.
2017-24
2432 N. Riverside
2017-317
Schneider
Dr. (Davis -
Schneider House)
3.
Peter R.
2017-30
512 West Santa
2017-318
Rohrbacker and
Clara Ave.
Donna N.
(Jacobs House)
Rohrbacker
4.
Roy Reimer and
2017-31
1722 N.
2017-319
Jan Reimer
Heliotrope Dr.
(Frandson-
Mouwdy House
25D. APPROVE AN AGREEMENT TO PROVIDE SEXUAL ASSAULT VICTIM
EXAMINATIONS AND EVIDENCE COLLECTION SERVICES TO THE
POLICE DEPARTMENT {STRATEGIC PLAN GOAL NO. 1, 1D) - Police
Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute a three-year agreement with AHMC Anaheim Regional
Medical Center for the period of October 1, 2017 through September
30, 2020, in the annual amount of $61,983, for a total three-year
agreement amount not to exceed $185,950, subject to non -
substantive changes approved by the City Manager and City
Attorney. (AGMT. No. 2017-320).
LAND USE MATTERS
TENTATIVE PARCEL/TRACT MAPS
32A.
CITY COUNCIL MINUTES 22 NOVEMBER 21, 2017
Planning Commission approved recommended action on October 23,
2017 by a vote of 4-0 (Bacerra abstained; Mendoza and Nguyen absent).
MOTION: Receive and file the staff report approving Tentative
Parcel Map No. 2016-04 as conditioned.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
SECOND: Benavides
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
**END OF CONSENT CALENDAR"
BUSINESS CALENDAR ITEMS
55A. ADOPT A RESOLUTION AUTHORIZING GRANT FUNDS REQUEST
UNDER MEASURE M2 COMPREHENSIVE TRANSPORTATION
FUNDING PROGRAM {STRATEGIC PLAN NO. 6, 1Gj - Public Works
Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO 2017-068 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMPREHENSIVE TRANSPORTATION PROGRAM
2. Direct staff to amend the Seven -Year Capital Improvement
Program to incorporate the new Comprehensive Transportation
Funding Program projects.
MOTION: Martinez SECOND: Sarmiento
CITY COUNCIL MINUTES 23 NOVEMBER 21, 2017
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B. ADOPT A RESOLUTION TO ACCELERATE RELINQUISHMENT OF
CALTRANS LOCAL STREET RIGHT-OF-WAY TO CITY {STRATEGIC
PLAN NO. 6, 1 G) - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO 2017-069 -A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA WAIVING THE STATUTORY NOTICE BY
THE STATE OF CALIFORNIA OF ITS INTENT TO RELINQUISH
CERTAIN PARCELS ALONG STATE HIGHWAY ROUTE 5 LOCATED
WITHIN CITY LIMITS
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
55C. AMENDMENT TO THE ANNUAL BUDGET TO ADD TWO FULL-TIME
MAINTENANCE ASSISTANT POSITIONS FOR CIVIC CENTER AREA
(STRATEGIC PLAN NO. 1, 5) - Personnel Services Agency and Parks,
Recreation and Community Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO 2017-070 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL
BUDGET TO ADD TWO MAINTENANCE ASSISTANT POSITIONS IN
THE PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY
MOTION: Benavides SECOND: Tinajero
CITY COUNCIL MINUTES 24 NOVEMBER 21, 2017
VOTE: AYES: Benavides, Martinez, Pulido,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55D. AGENDA ITEM CONSIDERED OUT OF ORDER
ADMINISTRATIVE MATTERS - BUSINESS
Sarmiento,
60A. APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL
BOARD (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
Councilmember Benavides requested clarification on Vector Control
appointment, term, and application process.
Clerk of the Council Huizar, noted that in the past the City Council had
requested applications from members of the public when there was no
interest from elected officials to serve on the Board.
Councilmember Benavides, opined the process should begin with City
Council to fill the position and then open the process to members of the
community if no interest from elected officials; supports adopting a
standard process.
Mayor Pro Tem Martinez and Councilmember Sarmiento, support
standardizing process.
Councilmember Solorio, expressed support in allowing current Vector
Control appointee to continue on the board and for an established process
in making appointments in the future.
Mayor Pro Tem Martinez, noted City Council must decide in a two or four
year appointment.
Councilmember Solorio, asked if the term is based on staff
recommendation or can City Council set different term periods.
Councilmember Villegas, expressed support of a two year appointment.
Clerk of the Council Huizar, clarified that Vector Control is regulated by the
government code and is subject to a two or four year term with an
CITY COUNCIL MINUTES 25 NOVEMBER 21, 2017
automatic renewal if City Council takes no action prior to the term
expiration of January 18.
Councilmember Sarmiento, expressed support for current representative
but opined that process should have been followed to allow others the
opportunity to serve.
Councilmember Benavides, expressed support and opined the
appointment process should have been followed and must be adhered to
at the next appointment renewal term.
MOTION:
1. Appoint Cecilia Aguinaga to the Orange County Vector Control
and appoint for a two (2) year term expiring in January of 2020.
2. Direct the Clerk of the Council that future vacancies or expiring
terms be agendized with sufficient time for the City Council to
consider appointing a member of the City Council or open up the
process for residents to apply and be considered.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
REPORTS
SECOND: Pulido
Benavides, Martinez, Pulido
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
Sarmiento,
65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL
MEETINGS FOR 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
Councilmember Benavidez, asked clarification of City Council meeting
dates being cancelled.
Mayor Pro Tem Martinez, supports going dark the whole month of July.
Councilmember Sarmiento, opined item should be continued to the next
meeting to provide City Council time to consider all dates.
CITY COUNCIL MINUTES 26 NOVEMBER 21, 2017
Mayor Pulido in support of continuing matter.
Clerk of the Council Huizar, requested clarification if whole item will be
continued to next meeting or just consideration of summer schedule.
Councilmember Solorio, expressed support of going dark for a whole
month if a meeting was selected from the month of July and August in
order to consider budgets and ordinances that may arise.
Councilmember Benavides, noted January 2, 2018 and November
election days are dates City Council meetings will be dark and opined staff
should be directed to post notice of those dates and remaining dates be
considered at the next City Council meeting.
MOTION:
1. Review calendar of regularly scheduled City Council Meetings in
2018.
2. Cancel the regularly scheduled City Council meeting of January 2,
2018 and November 6, 2018.
3. Approve the 2018 calendar of regularly scheduled City Council
meetings.
4. Direct staff to post Notice of Cancellation(s). The City Council
hereby waives notice of said meetings as required by the
government code.
5. Request that consideration of cancelation of a Summer month
meeting(s) be brought back for City Council consideration in the
future.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
65B. FISCAL YEAR 2017-18 FIRST QUARTER BUDGET UPDATE; APPROVE
AN APPROPRIATION ADJUSTMENT; AND ADOPT A RESOLUTION TO
CITY COUNCIL MINUTES 27 NOVEMBER 21, 2017
AMEND THE BUDGET TO ADD TWO COMBINATION BUILDING
INSPECTOR POSITIONS; AND RECEIVE AND FILE BUDGET
PRINCIPLES {STRATEGIC PLAN NO. 4, 1; 3, 31 - Finance and
Management Services; and Planning and Building Agency
MOTION:
1. Receive and file fiscal year 2017-18 First Quarter Budget Update.
2. Approve an appropriation adjustments. (Requires five affirmative
votes)
a. APPROPRIATION ADJUSTMENT NO. 2018-042 — Approve an
appropriation adjustment of $10,000 for the marketing of a youth
internship program.
b. APPROPRIATION ADJUSTMENT NO. 2018-043 — Approve an
appropriation adjustment of $420,000 in building permit and plan
check revenue and New Construction personnel and related
expenditures to fund inspection positions.
4. Adopt a resolution.
RESOLUTION NO 2017-071 -A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE
CURRENT ANNUAL BUDGET TO ADD TWO COMBINATION
BUILDING INSPECTOR POSITIONS IN THE PLANNING AND
BUILDING AGENCY
5. Receive and file the Administrative Guidelines that identify the
Budget Principles to be used in preparing fiscal year 2018-19
Operating Budget. (Exhibit 3)
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
65C. AGENDA ITEM CONSIDERED OUT OF ORDER
CITY COUNCIL MINUTES 28 NOVEMBER 21, 2017
PUBLIC HEARINGS
75A. PUBLIC HEARING: ISSUANCE OF TAX EXEMPT BONDS FOR THE
BENEFIT OF MATER DEI HIGH SCHOOL AND RESOLUTION
APPROVING THE ISSUANCE OF BONDS (STRATEGIC PLAN NO. 2,4)
- Community Development Agency
Legal Notice published in the Orange County Register on November 6,
2017.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed.
Councilmember Tinajero, asked if Mater Dei High School's bonds affected
the City of Santa Ana.
Mayor Pro Tem Martinez, requested confirmation Mater Dei High School
is in escrow and no eminent domain issues.
Staff indicated that there were no implications to the City.
MOTION:
1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA)
Hearing in consideration of the issuance of tax exempt bond
financing by the California Municipal Finance Authority ("CMFA")
on behalf of the Roman Catholic Bishop of Orange (the
"Borrower"), for the benefit of Mater Dei High School (the
"School") for the purpose of financing the design, construction
and improvement of certain parking facilities.
2. Adopt a resolution.
RESOLUTION NO 2017-072 -RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE
BONDS (MATER DEI HIGH SCHOOL PROJECT) SERIES 2017A, IN
ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $17,000,000, FOR THE PURPOSE OF
FINANCING THE DESIGN, CONSTRUCTION AND IMPROVEMENT
OF PARKING FACILITIES AND CERTAIN OTHER MATTERS
PERTAINING THERETO
MOTION
VOTE:
Tinajero SECOND: Pulido
AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
CITY COUNCIL MINUTES 29 NOVEMBER 21, 2017
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. AGENDA ITEM CONSIDERED OUT OF ORDER
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 IMPLEMENT NEW POLICY THAT WOULD LIMIT THE
NUMBER OF COUNCIL COMMITTEES A MEMBER MAY SERVE ON
AND SET QUALIFICATIONS; AND APPROVE ANY NECESSARY
ACTIONS - Councilmembers Tinajero, Sarmiento and Benavides
Councilmember Tinajero, requested City Clerk to provide the number of
committees City Councilmembers can sit on and if any Councilmembers
serve on more than two committees.
Clerk of the Council Huizar, listed members.
Mayor Pulido, noted he does not serve on any committee.
Mayor Pro Tem Martinez, said that she only serves on one committee.
Councilmember Tinajero, opined Councilmembers should be limited to two
committees to avoid an imbalance of influence.
Mayor Pro Tem Martinez, concurred and suggest policy
Councilmember Villegas, commented that last year there was six
committees and sixteen cancelled meetings.
Councilmember Tinajero, noted reducing committees to four has allowed
more people to attend and additional items to be on the agenda.
Councilmember Villegas, expressed support for reducing committees to
four.
Councilmember Sarmiento, commented on potential abuse and excessive
use of staff time; asked if the makeup of the committees can be
reconfigured.
CITY COUNCIL MINUTES 30 NOVEMBER 21, 2017
City Attorney Carvalho, noted City Council adopted a resolution that
allows the Council to determine the number, types, and jurisdiction of the
committees and memorialize changes in the form of a resolution.
Councilmember Sarmiento, requested the Clerk of the Council send out
the matrix presented earlier and to include attendance issue expressed by
Councilmember Villegas.
City Attorney Carvalho, noted her recommendation of implementing a
policy as to how committees operate and to provide consistency.
Councilmember Sarmiento, noted annual committee review is
approaching.
Mayor Pulido, opposed to setting limits and allow Councilmembers to
determine how much time and effort they wish to contribute.
Councilmember Benavides, noted intent of committees is to work through
matters that will ultimately be presented to City Council; support limiting
members to two committees to identify two top priorities and avoid an
imbalance.
Councilmember Solorio, stated that previous model resulted in almost half
the committee meetings being cancelled and did not serve the public well.
Councilmember Tinajero, opined that limitation would allow the public to
hear matters from a diverse group of people.
Councilmember Sarmiento, said that whole City Council should message
to the public; request item be agendized on the next meeting agenda to
allow City Council to take action.
MOTION: Direct staff bring forth policy along with recommendation
for reconfiguration of the council committees.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Sarmiento, Tinajero (4)
Pulido, Solorio, Villegas (3)
None (0)
None (0)
CITY COUNCIL MINUTES 31 NOVEMBER 21, 2017
85B. DIRECT PLANNING STAFF TO INVESTIGATE FEASIBILITY OF
AMORTIZING M1 OR M2 ZONES ADJACENT TO RESIDENTIAL ZONES
IN ORDER TO MITIGATE ENVIRONMENTAL AND NUISANCE
IMPACTS ON RESIDENTS — Mayor Pro Tem Martinez
Mayor Pro Tem Martinez opined this would be the perfect opportunity to
direct planning staff to investigate the feasibility of amortizing M1 and M2
zoned adjacent to residential zones to mitigate environmental and
nuisance impact. Expressed support in directing staff to move forward with
a city wide approach to help mitigate environmental and nuisance impact.
Councilmember Sarmiento thanked Sam Romero and Logan
neighborhood for sharing the information with the City Council. Noted his
support to direct staff to return to the City Council with feasibility of the
issues presented by Mayor Pro Tem.
Councilmember Solorio, requested clarification of item and determine if it
would phase out industrial areas.
City Manager Godinez, clarified that staff would return with plan to phase
out this type of use.
Planning Manager Fregoso opined item would look at all potential options
including updating zoning codes and general plan to address the
residents' concerns.
Mayor Pro Tem Martinez suggested item would look at uses, how to
improve the quality of life, and not to hurt businesses but have a balanced
approach.
Councilmember Solorio, noted general plan process through advisory
committee is moving is moving forward and should be mindful of these
issues. Expressed his opposition in ending industrial zones in its entirety
and avoid the public to misperceive the intention of this item.
City Manager Godinez, stated that item would not end industrial in
general, but to address nuisance when M1 or M2 adjacent to residential
zones.
Councilmember Sarmiento clarified his motion to only have staff come
back to City Council to advise on issues presented, identify sensitive
areas, and not phase out industrial zones.
Mayor Pulido noted there will be a larger demand on the area as City of
Santa Ana becomes more vibrant.
MOTION: Direct staff as proposed by author of item.
CITY COUNCIL MINUTES 32 NOVEMBER 21, 2017
•1:
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Martinez, Benavides,
Solorio, Tinajero, (6)
Villegas (1)
None (0)
None (0)
COMMENTS
CITY COUNCILMEMBER COMMENTS
Pulido, Sarmiento,
Councilmember Sarmiento:
• Happy Thanksgiving to all; and
• Invite all to upcoming reception in honor of City Manager Godinez, on
December 8, 2017.
Councilmember Tinajero:
• Invited all to reception for new City Manager;
• Commented on Court ruling on sanctuary city funding by federal
government;
• Thankful for serving with colleagues need to count victories- team
effort; and
• Wished all a Happy Thanksgiving.
Mayor Pro Tem Martinez:
• Wished everyone a happy Thanksgiving;
• Thanked residents of the City of Santa Ana for their hard work;
• Noted upcoming Santa Ana football game against Big Bear High and
availability of buses to attend;
• Noted this weekend's Shop Santa Ana event and encouraged residents
to shop local;
• Asked staff to review City of Sacramento free parking program during
the holidays to possibly implement in the City of Santa Ana; and
• Promoted MAP program in training residents to prepare of a big
earthquake.
Councilmember Solorio, :
• Thanked Housing and Community Development staff for their work on
Community Development Grant process; and
CITY COUNCIL MINUTES 33 NOVEMBER 21, 2017
• Expressed support in having youth and young adult succeed in school
and do well economically.
Councilmember Villegas:
• Thanked OCFA and Historical Preservation Association for delivering
Santa to Tree Lighting Ceremony — successful event
• Update on the Brown Act Policy
Councilmember Benavides:
• Provided update on his Santa Ana Police gang unit ride along;
• Commented on efforts by the police department; special kudos to
PAAL program with suppression, intervention and community oriented
policing.
• Encouraged staff to continue investment with youth and residents —
economic development such as streamlining application process.
• Thankful for efforts by all in making City great.
Mayor Pulido:
Wished all a Happy Thanksgiving.
PUBLIC COMMENTS — (Agenized Items)
• Sam Romero, expressed concern of businesses negatively impacting the quality of
life of the residents and presented the City Council with a list of concerns.
• Sean Crowly, commended City Council for legalizing bee keeping in the City of
Santa Ana. Expressed concern as to how the code was written.
AGENDA ITEMS CONSIDERED OUT OF ORDER AND JOINTLY:
Councilmember Solorio, opined that item 11 E has a connection with item 55D since
both deal with retail cannabis business and timing of operational status letters and
should be combined.
City Attorney Sonia Carvalho noted City Council could combine items 11 E, 55D, 65C,
and 75B, but would be required to open public hearing to take public comments prior to
discussing item 75B.
Councilmember Benavides, directed all items be combined and considered
simultaneously. Clarified remaining items as 55D, 65C, and 75B.
City Attorney Sonia Carvalho noted 11 E is only a receive and file item.
Mayor Pro Tem Michelle Martinez requested staff to clarify if the 17 medical
dispensaries who have licenses would have to comply with criteria being considered
today.
CITY COUNCIL MINUTES 34 NOVEMBER 21, 2017
City Manager Godinez, noted the 17 medical dispensaries who have licenses would
have to comply with criteria being considered today, but would be eligible to apply for
the permits.
Mayor Pro Tem Michelle Martinez noted this is only for competitive process to receive
permit, but would still have to comply with criteria and points.
City Manager Godinez, noted they would not be required.
Mayor Pro Tem Michelle Martinez opined this would not be fair to not have them comply
with new adult use criteria. Noted her prior recommendation to create a special City
Council fund to create and distribute funds to non-profit organizations. Opined there is
an opportunity to address social equity and social justice component. Noted her
difficulty in moving forward with these items.
Councilmember Solorio, opined the individual in lieu of fee agreements should also
require some of the provisions and would address social equity concerns. Suggested
staff should consider strong application submissions and expressed concern of possible
oversaturation.
Councilmember Tinajero, expressed support of limiting the number to 25 as a happy
medium and noted his support on the item if a motion to include items express by
Councilmember Solorio, .
City Manager Godinez, clarified that in order to change the limit, the ordinance would
require a modification and could be not done tonight. Noted his intention was to have
those conducting business under BB to be processed and have the opportunity to apply
for a state license. Opined there would be more than ten applications submitted and
criteria would allow them to rank the applicants and provide recommendations.
Councilmember Villegas, requested confirmation of current and pending applicants.
City Manager Godinez, noted preferential treatment would be given to those that
already have an existing permit by the date the ordinance becomes effective.
Councilmember Villegas, opined approach should be thorough and is in support of
working with the current 20 applicants.
Councilmember Benavides, express support leaving language as is and starting with
the applicants who are already operating in the city. Asked City Attorney how to have
existing medical dispensaries comply with new requirements.
City Attorney Carvalho noted if medicinal operators apply for adult retailer permit, the
requirements could be incorporated into the agreement at the direction of the City
Council.
City Manager Godinez, noted it was their intention to capture the requirements for
existing dispensaries as they applied for adult use permits.
CITY COUNCIL MINUTES 35 NOVEMBER 21, 2017
Councilmember Solorio, opined three significant items that should be included in 55D
agreements, In support of keeping the number at 30 and not create artificial deadlines.
Asked City Attorney Sonia Carvalho how to describe a timeline line process using
legalese.
City Attorney Carvalho noted processes have already been set in Chapter 40 ordinance
which have already been adopted and application date has been also set. Expressed
concern to have something in writing providing direction on how to process additional 10
applications.
Councilmember Solorio, opined timeline should be at the approval and discretion of
City Manager Godinez, acknowledged this is a priority expressed by the City Council
and expressed willingness to work with the City Attorney to reduce cap at the direction
of the City Council.
City Attorney Carvalho, noted any revisions would require first and second reading. And
summarized motion as receive and file item 11E, approve 55D and would require
incorporation of three bullets under item three of the merit criteria into the operating
agreements, and to adopt fees as set forth in 75B
Councilmember Solorio, requested inclusion direction to staff with respect with future
applications upon approval of City Manager and agreed upon timeline and process that
has been established and to include in merit based application item 5 also state `or has
owned a business in Santa Ana for 12 consecutive months."
75B. PUBLIC HEARING: ADOPT A RESOLUTION TO CREATE CANNABIS -
RELATED REGISTRATION APPLICATION AND REGULATORY
SAFETY PERMIT FEES IN THE FISCAL YEAR 2017/18
MISCELLANEOUS FEE SCHEDULE (STRATEGIC PLAN NO. 4, 3) -
Planning and Building Agency
Legal Notice published in the Orange County Register on November 11
and 17, 2017.
Councilmember Benavides opened the Hearing. There were no speakers
and the Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO 2017-073- A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CREATING THE ADULT -USE CANNABIS
RETAIL REGISTRATION APPLICATION FEE AND REGULATORY
SAFETY PERMIT FEE TO BE APPLICABLE TO ADULT -USE CANNABIS
RETAIL BUSINESSES IN ACCORDANCE WITH CHAPTER 40 OF THE
SANTA ANA MUNICIPAL CODE
CITY COUNCIL MINUTES 36 NOVEMBER 21, 2017
11E. CONFIRMATION OF AMENDMENT TO ORDINANCE SECOND
READING: ADOPT AN ORDINANCE TO CREATE CHAPTER 40 OF THE
SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) — CITY OF
SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 3)
- Planning and Building Agency
Placed on first reading at the October 17, 2017 City Council meeting and
approved by a vote of 4-0 (Pulido and Sarmiento abstained; and Martinez
absent)
MOTION: Receive and file.
ORDINANCE NO. NS -2929 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CREATING CHAPTER 40 OF THE
SANTA ANA MUNICIPAL CODE, "REGULATION OF ADULT -USE
COMMERCIAL CANNABIS RETAIL ACTIVITIES', TO REGULATE
ADULT -USE RETAIL CANNABIS ACTIVITIES AND RELATED
DELIVERY SERVICES, EXCEPTING MEDICINAL RETAIL, AND
PROHIBITING ALL OTHER COMMERCIAL CANNABIS ACTIVITIES
55D. ADOPT A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO
ISSUE LETTERS OF OPERATIONAL STATUS FOR EXISTING
PERMITTED COMMERCIAL CANNABIS BUSINESSES AND TO
EXECUTE OPERATING AGREEMENTS FOR COMMERCIAL
CANNABIS BUSINESSES {STRATEGIC PLAN NO. 4, 3} - Planning and
Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO 2017-074 -A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO ACCEPT APPLICATIONS FOR
ADULT -USE CANNABIS RETAIL OPERATIONS AND AUTHORIZING
THE CITY MANAGER TO ISSUE OPERATIONAL LETTERS TO THE
STATE FOR ANY APPLICANT THAT MEETS ALL CONDITIONS SET
FORTH HEREIN AND TO EXECUTE ADULT -USE CANNABIS
RETAILER OPERATING AGREEMENTS
65C. CONFIRMATION OF MERIT -BASED CRITERIA FOR ADULT -USE
COMMERCIAL CANNABIS RETAIL BUSINESSES {STRATEGIC PLAN
NO. 3, 2; 3, 5; 4, 3} - Planning and Building Agency
MOTION: Receive and file.
MOTION: Approve Items 75B, 11E. and 55D as recommended by
staff.
CITY COUNCIL MINUTES 37 NOVEMBER 21. 2017
MOTION: Solorio
SECOND: Tinajero
VOTE: AYES:
Benavides, Solorio, Tinajero, Villegas (4)
NOES:
Martinez (1)
ABSTAIN:
Pulido, Sarmiento (2)
ABSENT:
None (0)
PUBLIC COMMENTS (Non-Agenized Items).
• Dale Helvig, expressed concern as to development projects in North Santa Ana;
North Santa Ana Preservation Alliance opposes any rezoning and general plan
amendment at proposed development at 2525 Main Street.
90A. CITY MANAGER'S COMMENTS
■ City Manager Godinez, complimented Parks and Recs staff for their
work in the Plaza Navidena event; acknowledged Executive Director
Mouet for receiving the Heart of the City award and thanked the City
workforce for their dedication this year and wished everyone a happy
Thanksgiving.
• Councilmember Tinajero, reported City of Santa Ana has been
selected as the 2019 as the host site for National College Speech and
Debate tournament.
ADJOURNED - 9:14 The next meeting of the City Council is scheduled for
Tuesday, December 5, 2017 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Maria D. Huizar,
p�
Clerk of the Council
FUTURE AGENDA ITEMS
• Jail Reuse tentatively scheduled for December 5, 2017
• Labor Contracts
CITY COUNCIL MINUTES 38 NOVEMBER 21, 2017