HomeMy WebLinkAbout10B - MIN MARCH 6MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 6, 2018
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO (5:30 P.M.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
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 REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: Public alley between the 300 blocks of
French and Spurgeon, Santa Ana, CA
Negotiators: City Manager Raul Godinez II
CITY COUNCIL MINUTES 1 MARCH 6, 2018
1OB-1
Negotiating with: S&A Management
Terms: Potential terms of lease or license.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiators: Ellen Smiley, Acting Personnel Services
Executive Director; and Peter Brown of
Liebert Cassidy
Employee Organizations:
• Santa Ana Police Officers Association
(POA)
• Service Employees' International Union
(SEIU) Full -Time Employees
• Service Employees' International Union
(SEIU) Part -Time
3. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL/ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9 of the Government Code: One
Case
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken
at the Regular Meeting which will begin immediately following the Closed
Session Meeting.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN
SESSION AT 6:35 P.M.
CITY COUNCIL MINUTES 2 MARCH 6, 2018
10 B-2
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:38 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
GABRIELA MUNIZ, MACARTHUR
FUNDAMENTAL INTERMEDIATE SCHOOL
JERRY HILL, POLICE CHAPLAIN
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ
recognizing National Women's History Month.
Recipients: Valerie Amezcua, Reyna Artero, Erika Benavides, Maricela Castro,
Adriana Galdamez, Paula Garcia -Arsenault, Dionicia Gabriel, Ana Gonzalez, Inez
Gonzalez, Connie Hamilton, Francine Harris, Erica Heras, Ver6nica Juarez, Laura
Kanter, Isabelle M. Lopez, Yanely R Matute, Adela Montanez, Laura Pantoja, Isuri S.
Ramos, Dr. Linda Rose, Delilah Snell; Maria Quezada, Idalia N. Rios, Concepcion
Rodriguez, Esther Trinidad
CITY COUNCIL MINUTES 3 MARCH 6, 2018
10 B-3
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Mujeres Migrantes en Progreso in recognition of International Women's Day and
contributions to the community.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Suavecito in recognition of the introduction of the women's line and contributions to
the community.
• PROCLAMATION presented by COUNCILMEMBER TINAJERO naming March 6th
as Barbara Lawrence Hill Day.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER VILLEGAS to
Relampago Del Cielo in recognition of their contributions to the community.
CLOSED SESSION REPORT — See Agenda Item 19A for reportable action.
PUBLIC COMMENTS - NONE
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent
Calendar Items 10A through 25C with the following modifications:
• Councilmember Sarmiento, pulled Agenda Item 25C for separate discussion.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Benavides (1)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 20, 2018
{STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
CITY COUNCIL MINUTES 4 MARCH 6, 2015
10 B-4
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve as follow:
CONFERENCE WITH LEGAL COUNSEL — POTENTIAL/ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9 of the Government Code: One
Case; Unanimous consent to pursue negotiations with the County of
Orange regarding homeless issues and to file a motion to intervene in the
existing lawsuit if necessary.
19B. EXCUSED ABSENCES — None
19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY
CAPITAL IMPROVEMENT PROGRAM (CIP) EXECUTIVE REPORT FOR
FEBRUARY 2018 {STRATEGIC PLAN NO. 5, 1} — Public Works Agency
The CIP Executive Summary Schedule is available on the City's website
at http://santa-
ana/pwa/documents/ExecutiveMonthlvCIPUpdateFebruarv2018. pdf/
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. AWARD CONTRACT AND APPROVE AN APPROPRIATION
ADJUSTMENT FOR WEST GROVE VALLEY NEIGHBORHOOD WATER
MAIN IMPROVEMENTS (PROJECT NO. 15-6447) {STRATEGIC PLAN
NO. 6, 1 C} - Public Works Agency
MOTION:
1. Award a contract to Michels Pipeline Construction, the lowest
responsible bidder, in accordance with the base bid and additive
item 18 in the total amount of $2,388,076 for the term beginning
COUNCIL MINUTES 5 MARCH 6, 2018
1 OB -5
upon execution of the contract and ending upon project
completion, for the West Grove Valley Neighborhood Water Main
Improvements project, and authorize the City Manager and Clerk of
the Council to execute the contract subject to nonsubstantive
changes approved by the City Manager and the City Attorney.
2. Approve an appropriation adjustment. (Requires rive affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2018-090 — For Fiscal Year
17/18 to recognize $1,404,500 from prior year fund balance in the Water
Utility revenue account into the Water Utility Capital Projects
expenditure account.
3. Approve the Project Cost Analysis for a total estimated
construction delivery cost of $3,104,500, which includes the
contract base bid, administration, inspection and testing, and an
authorized contingency of $358,212.
20B. AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR VOICE
COMMUNICATION SERVICES {STRATEGIC PLAN NO. 7, 5a, 5e} —
Information Technology Department, Public Works Agency, and
Community Development Agency
MOTION.
1. Approve and authorize the City Manager and Clerk of the Council
to execute the an agreement with Packet Fusion, Inc., for the
implementation, support, and maintenance of a citywide phone
system for a three-year period beginning March 6, 2018 through
March 5, 2021 with an option for one two-year renewal for an
amount not to exceed $1,119,500 which is comprised of the sum of
$757,000 for one-time costs, a 15% contingency of $112,500, and
five years of annual support totaling $250,000 over the life of the
agreement including any extension periods, subject to non -
substantive changes and approved by the City Manager and City
Attorney (AGMT. No. 2018-053).
2. Approve and authorize the City Manager and Clerk of the Council
to execute an agreement with TPX Communications, Inc., for PRI
lines for a three-year period beginning March 6, 2018 through
March 5, 2021 for an amount not to exceed $80,000 over the life of
the agreement, subject to non -substantive changes and approved
by the City Manager and City Attorney (AGMT. No. 2018-054).
CITY COUNCIL MINUTES 6 MARCH 6, 2018
3. Approve an appropriation adjustment. (Requires rive affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2018-095 — Recognizing
$152,000 from prior year fund balance in the Public Works
Administration & Planning revenue account, and appropriating the same
into the Public Works Administrative Services expenditure account
AGREEMENTS
25A. AGREEMENT FOR A WATER
FEASIBILITY STUDY TO
CONSERVATION AND
(NONGENERAL FUND) {ST
Agency
ENTERPRISE ALTERNATIVE ENERGY
EXPAND OPPORTUNIIES FOR
ENVIRONMENTAL SUSTAINABILITY
RATEGIC PLAN NO. 5, 2} — Public Works
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Newcomb Anderson McCormick, Inc., to
conduct a water enterprise alternative energy feasibility study for the
three-year period beginning March 6, 2018, and expiring March 5, 2021,
with provisions for a two-year renewal option exercisable by the City
Manager and City Attorney, in an amount not to exceed $75,000,
including a $59,400 project fee and a contingency of $15,600, for the
term of the agreement, subject to nonsubstantive changes approved
by the City Manager and City Attorney (AGMT. No. 2018-055).
25B. AGREEMENT FOR ADULT CROSSING GUARD PROGRAM TO ENSURE
THE SAFE MOVEMENT OF ELEMENTARY SCHOOL CHILDREN
AROUND SCHOOL ZONES {STRATEGIC PLAN NO. 1, 1} — Police
Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute a three-year agreement with All City Management Services
Inc. (ACMS) for the period of March 1, 2018 through February 28, 2021,
in an amount not to exceed $2,978,250, which includes a ten percent
contingency amount of $270,750, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2018-
056).
25C. APPROVE AN UPDATE TO THE HOMEBUYER DOWN PAYMENT
ASSISTANCE LOAN PROGRAM AND LOAN AGREEMENT(S) WITH
QUALIFIED AND APPROVED HOMEBUYERS (NON -GENERAL FUND)
{STRATEGIC PLAN NO. 5, 3; 5; 4) - Community Development Agency
COUNCIL MINUTES
10 B-7
MARCH 6, 2018
Community Redevelopment and Housing Commission approved
recommended action on February 27, 2018 by a vote of 7-0 (Cann absent).
Councilmember Sarmiento, opined that City has received a low number of
applicants, revisions will make program more available and accessible to
families who need assistance.
MOTION.
1. Approve an update to the Homebuyer Down Payment Assistance
Loan Program and allocate an initial $400,000 of Inclusionary
Housing Funds program funding.
2. Authorize the City Manager and the Clerk of the Council to enter
into loan agreement(s) with qualified and approved homebuyers,
subject to non -substantive changes approved by the City Manager
and City Attorney (AGMT. No. 2018-057).
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides (1)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
RESOLUTIONS
55A. ADOPT A RESOLUTION AND AUTHORIZE GRANT APPLICATION
SUBMISSION FOR WATER SMART DROUGHT RESPONSE
PROGRAMS (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) —
Public Works Agency
MOTION
1. Adopt a resolution.
CITY COUNCIL MINUTES 8 MARCH 6, 2018
' woo
RESOLUTION NO. 2018-015 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN
APPLICATION FOR GRANT FUNDING BY THE BUREAU OF
RECLAMATION'S WATERSMART DROUGHT RESPONSE
PROGRAM FOR THE AUTOMATED METER INFRASTRUCTURE
PROJECT
2. Authorize the Executive Director of Public Works to submit a grant
application for Department of the Interior, Bureau of Reclamation's
WaterSMART Drought Response Program, for the Automated
Meter Infrastructure Project, in the amount up to $750,000.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B. ADOPT A RESOLUTION TO EXTEND CONDITIONAL USE PERMIT NO.
2015-01; AND VARIANCE NOS. 2015-01 AND 2015-02 FOR THE SOUTH
COAST SPEEDWASH TO BE LOCATED AT 2402 SOUTH BRISTOL
STREET {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-016 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2015-01 AND VARIANCE NOS. 2015-01 AND 2015-02
FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN
ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 2402
SOUTH BRISTOL STREET
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinajero, Villegas (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 9 MARCH 6, 2018
10 B-9
ABSENT: None (0)
55C. ADOPT A RESOLUTION AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR THE UNREPRESENTED EXECUTIVE
MANAGEMENT CLASSIFICATION OF EXECUTIVE DIRECTOR OF
PUBLIC WORKS {STRATEGIC PLAN NO. 7, 4A) - Personnel Services
Agency and Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-017 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026
TO ADJUST THE SALARY FOR THE UNREPRESENTED EXECUTIVE
MANAGEMENT CLASSIFICATION OF EXECUTIVE DIRECTOR OF
PUBLIC WORKS (EM).
MOTION: Benavides SECOND: Solorio
VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
REPORTS
65A. PRESENTATION AND APPROVAL OF ZOO MASTER PLAN
{STRATEGIC PLAN NO. 2, 2E) — Parks, Recreation and Community
Services Agency
The following spoke on the matter:
• Armando Arementa, expressed support for the Master Zoo Plan; Zoo is
a gem in Orange County and tremendous improvements made in the
last ten years.
• Cathi Decker, thanked City Council for starting the Master Zoo Plan and
for their support.
• Michele Lerison, opined folks are appreciative to be included in the
Master Strategic Plan process.
• Laruen Bergh, opined there are two types of community visitors, one that
recognizes and visits the Zoo for the past 65 years and the other that
CITY COUNCIL MINUTES 10 MARCH 6, 2018
1OB-10
has not heard existed for the past 65 years; urged the City Council to
approve the Master Strategic Plan.
Bryan Solis, commented that visitors pleased with the Zoo; safe and fun
place for all children and asked City Council to support Master Plan.
Rip Ribble, opined City of Santa Ana is fortunate to have the Zoo and
importance of Master Plan.
Staff report presentation by Gerardo Mouet, Executive Director of Parks,
Recreation and Community Services Agency.
Council discussion ensued.
Councilmember Sarmiento, opined need to identify and brand Zoo better
for people coming off the 5 and 55 freeway, improvements will make facility
warm and inviting, opportunity to have partners to adopt exhibits to augment
support, and expressed support of the item.
Councilmember Solorio, noted importance to enhance quality of care and
space for monkeys.
Councilmember Benavides, thanked staff and friends of the zoo for their
hard work and expressed support for the zoo.
Mayor Pro Tem Martinez, asked staff to clarify if third parking lot will remain
or will zoo extend into area; noted problem with on -street parking and
visitors getting to zoo safely.
Mayor Pulido, asked staff to clarify if monkey requirements are being met.
MOTION: Receive and file presentation and adopt the Zoo Master
Plan, including the Facility Plan and Strategic Plan.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Pulido, Sarmiento,
Solodo, Tinajero, Villegas (7)
None (0)
None (0)
None (0)
65B. REVIEW AND CONSIDER RECOMMENDATIONS OF THE AD HOC
COMMITTEE REGARDING WARD BASED ELECTIONS, PROVIDE
STAFF DIRECTION AND APPROVE RESOLUTIONS AND
CITY COUNCIL MINUTES 11 MARCH 6, 2015
1OB-11
APPROPRIATION ADJUSTMENT ACCORDINGLY {STRATEGIC PLAN
NO. 5, 1} — Clerk of the Council
The following spoke on the matter:
• Arnfulfo Montero, opined community in need of equal and fair elections
and election process and expressed support for the Vietnamese
community. Urged City Council to move toward the election as soon as
possible.
• Katelyn Ogawa, addressed the City Council to request special elections
to move forward and to inform of the possibility of bringing forth a civil
lawsuit under the California Voting Rights Act if necessary.
• Paul Gonzales, requested the City Council to not take action on this
item. Opined the need to launch a thorough and public study of the issue
and should provide the people of Santa Ana an opportunity to better
understand the issue.
• Theresa Le, addressed the City Council to request a change in the
election system.
• Anh-Khoa Pham, expressed support for friends and family who believe
in changing the election system.
• Miguel Hernandez, opined the response of the community towards
district elections has always been positive, ability to prevent costly
lawsuit to the city, and moving towards district election would strengthen
democracy in Santa Ana.
• Susana Sandoval, opined need to support the voters to make a decision
regarding board based elections, to not change current policy on term
limits, and district based elections would provide an opportunity for
citizens to run for office.
• Laura Kanter, expressed support for district elections and need to not
change current term limits.
• Claudio Gallegos, on behalf of Congressman Lou Correa. Noted two
other cities have paid in excess of three million dollars in attempting to
fight similar lawsuits. Opined it is time to change the election and save
money that could be used toward community programs, after school
programs, and hiring of police officers.
• Dave Hoen, expressed support for district elections.
• Shakeel Syed, opined district elections are a no-brainer, need for City of
Santa Ana to embrace it as well, and elections is an opportunityfor every
citizen in the city to make this an inclusive democracy for all
• My Nguyen, expressed support for district elections and the Vietnamese
community. Opined current election system is outdated and
marginalizes Vietnamese voters.
CITY COUNCIL MINUTES 12 MARCH 6, 2015
1OB-12
• Jeff LeTourmeau, noted both the California State Democratic Party and
the Orange County Democratic Party strongly supports a move toward
district elections.
• Joese Hernandez expressed support towards the Vietnamese
communities right to have real representation. Opined the City of Santa
Ana is the largest city to not have a district election process and need to
let the voters decide.
• Dr. Long Pham, opined district elections not only would save the City
from a lawsuit, but would allow Councilmembers to work more closely
with people in their district.
• Phat Bui, Chairman of the Vietnamese American Federation of Southern
California, opined Vietnamese community longing to have a fair
representation, belief that voting by district is not just designed to help
candidates, but to help residents to be well represented in their district,
and district election would benefit not only the Vietnamese community
but also the Hispanic residents.
• Ken Nguyen, expressed support toward district elections.
Councilmember Benavides, opined that in the past be believed that the City
had the best of both worlds by having nomination by Ward and elected at
large, but recently more and more cities have moved to District based
elections to have true representation— merit in changing; vote should not be
diluted with votes from throughout the City; vote should have more impact
in their community. Asked City Attorney address the letters received in
relation to matter.
City Attorney Carvalho, noted that City received City expressing concern for
vote dilution, but different than the one received today which is official
demand/strict liability; option is to take action within 45 days or to take
immediate action and reduce exposure to litigation; noted that no City
throughout the State has been successful in defending similar demands.
Councilmember Sarmiento, thanked all speakers; reflects diversity of
community; supports commitment to represent all residents; time sensitivity
to approve matter; Santa Ana is one of last remaining large cities that does
not have ward (district) based elections.
Councilmember Tinajero, noted that Ad Hoc Committee recommended
actions for the voters of the City to decide on how to elect their
representatives; ward based elections will have better access to their
officials.
CITY COUNCIL MINUTES 13 MARCH G, 2018
1OB-13
Councilmember Villegas, commented that there are 19 different ways to
establish ward based elections; concerned that matter not properly vetted;
currently represents the whole City, but changing to ward based elections
will have narrow representation.
Councilmember Benavides motion to approve item, seconded by
Councilmember Sarmiento.
Mayor Pro Tem Martinez, noted that she is not opposed to ward based
elections; currently 408 cities elected at large; 122 cities with Charter that
do not have to follow State regulations; 11 large cities and 7 of them are
district based elections, but have various forms including run off process;
proposed charter amendment not clear on method; opined that plurality vote
will continue to win; requested clarification from City Attorney on reset
clause on term limits.
City Attorney Carvalho, read the term limit language of Charter Section 401;
noted that current or proposed language do not provide for reset clause.
Councilmember Tinajero, clarified that plurality will be by ward/district and
not the whole City; asked Mayor Pro Tem that is proposed language
included run-off provision would be supportive of item.
Councilmember Solorio, spoke about politics of inclusion; noted that large
sums of campaign funds needed to run a raise; intent is not to extend the
term of any councilmembers; supports matter.
Mayor Pulido, noted that if matter considered in November will only cost
$30,000 and appropriation adjustment requires five votes; currently
councilmembers represent the interest of all citizens of the City; supports
deliberative discussion of options; asked if demographer made any
conclusions.
City Attorney Carvalho, noted that easy test to prove disenfranchised voter;
elections code allows for city council to adopt letter of intent within 45 days
of receiving letter of demand and include outline of steps to be considered.
Also, if open discussion of demographer findings would require vote to
waive privileged information.
Mayor Pro Tem Martinez, proposed motion to include a councilmember and
mayor to be elected at -large in addition to by ward councilmembers in
addition to run-off election process; recommend independent commission
to review and propose map redistricting and campaign reform; addressed
loop -hole of campaign independent expenditures.
CITY COUNCIL MINUTES 14 MARCH 6, 2018
1OB-14
CouncilmemberSarmiento, commented that if wait until November will have
a generational impact since three seats will be termed out.
Councilmember Benavides, motion to approve, seconded by
Councilmember Sarmiento. for option two (in the event appropriate funding
then liability fund be available for Special Election). Councilmember
Tinajero, supported motion.
Mayor, called for the question.
Councilmember Solorio, clarified that funds from the current fiscal year's
liability fund in an amount not to exceed $30,000 for use for election costs,
demographer costs, and outreach just so we can be inclusive with related
costs that are going to deal with the issue before us.
Mayor Pulido, noted that motion approved four to three, but believes that
five votes needed.
FRIENDLY AMENDMENT TO MOTION: Approved recommendations
of the Ad Hoc Committee on a Charter Amendment regarding Ward
Based Elections to be placed on June 5, 2018 Statewide Primary
Election and allocate funding accordingly.
1. Direct staff to move forward with Special Municipal Election on
June 5, 2018 and approve actions as follow:
a. Adopt a resolution giving Notice of a Special Election and
request consolidation with the County of Orange with the
Statewide Primary Election, as follow:
RESOLUTION NO. 2018-015 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
SANTA ANA ON JUNE 5, 2018 FOR SUBMISSION TO THE
VOTERS OF THE QUESTION OF WHETHER CITY CHARTER
SECTION 400 SHALL BE AMENDED REQUIRING CITY
COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY
WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD,
INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE
REGISTERED VOTERS OF THE ENTIRE CITY AND
REQUESTING THE BOARD OF SUPERVISORS OF ORANGE
COUNTY TO CONSOLIDATE THE CITY'S SPECIAL ELECTION
WITH THE STATEWIDE PRIMARY ELECTION
b. Adopt a resolution to approve title of Charter Amendment and
proposed language for consideration by voters, as follow:
CITY COUNCIL MINUTES 15 MARCH 6, 2018
1OB-15
RESOLUTION NO. 2018-016 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE
LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER
AMENDMENT REGARDING WHETHER CITY CHARTER
SECTION 400 SHALL BE AMENDED REQUIRING CITY
COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY
WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD,
INSTEAD OF CITY COUNCILMEMBER ELECTION BY
REGISTERED VOTERS OF THE ENTIRE CITY TO BE INCLUDED
ON THE BALLOT FOR THE 2018 SPECIAL ELECTION TO BE
HELD ON JUNE 5, 2018
c. Adopt resolution authorize the filing of Arguments and
Rebuttals, as follow:
RESOLUTION NO. 2018-017 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
WRITTEN ARGUMENTS FOR PROPOSED AMENDMENT TO THE
SANTA ANA CHARTER REGARDING WHETHER CITY CHARTER
SECTION 400 SHALL BE AMENDED REQUIRING CITY
COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY
WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD,
INSTEAD OF CITY COUNCILMEMBER ELECTION BY
REGISTERED VOTERS OF THE ENTIRE CITY
d. Direct City Attorney to prepare Impartial Analysis.
e. Direct Clerk of the Council to publish legal notices as required
by law.
f. Direct staff to use liability funds in the amount of $202,148 for
election costs and $30,000 for demographer for preparing ward
re -boundary maps and outreach services.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Benavides, Sarmiento, Solorio, Tinajero (4)
Martinez, Pulido, Villegas (3)
None (0)
None (0)
CITY COUNCIL MINUTES 16 MARCH 6, 2018
1OB-16
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
AGENCY
*Councilmember Benavides abstained on Agenda Item 80A due to proximity of his
residence to one of the properties. He left the dais for the duration of the deliberation.
80A. AMENDMENTS TO PROMISSORY NOTES WITH C&C DEVELOPMENT
COMPANY AND ORANGE HOUSING DEVELOPMENT CORPORATION
FOR ROSS & DURANT, WILSHIRE & MINNIE, TOWNSEND & RAITT,
1410 N. DURANT, LACY & RAITT, AND 326 S. GARNSEY AFFORDABLE
HOUSING DEVELOPMENTS {STRATEGIC PLAN NO. 5, 3}—Community
Development Agency
Community Redevelopment and Housing Commission approved
recommended action on January 24, 2018 by a vote of 7-0 (Frazier absent).
Mayor Pro Tem Martinez, asked staff to clarify adjustment to proposed
management fee; increase will not be going to the renters, rent will remain
the same, and City of Santa Ana would not receive as much money as in
the past.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute Amendments to Promissory Notes (Loan Notes) with C&C
Development Company and Orange Housing Development Corporation
for the following affordable housing developments, to increase the
property management fee to 8% of gross rents, subject to non -
substantive changes approved by the City Manager and City Attorney:
CITY COUNCIL MINUTES 17 MARCH 6, 2018
1OB-17
Current
Proposed
AGMT.
Entity
Project
Management
Management
No.
Address
Fee
Fee
1.
ROSS AND
1411 N.
6.25%
8%
2018-
DURANT,
DURANT
058
L.P.
2.
ROSS AND
1501 N.
6.25%
8%
2018-
DURANT,
ROSS
059
L.P.
STREET
3.
WILSHIRE &
1201, 1209,
6.50%
8%
2018-
MINNIE, L.P.
1213, 1221,
060
1225, 1229,
AND 1233
EAST
WILSHIRE,
AND 1401,
1403, 1409,
1413, 1421,
CITY COUNCIL MINUTES 17 MARCH 6, 2018
1OB-17
MOTION: Martinez SECOND: Pulido
VOTE: AYES:
Martinez, Pulido, Solorio, Tinajero, Villegas (5)
Project
Current
Proposed
AGMT.
ABSENT:
Entity
Address
Management
Management
No.
Fee
Fee
1429, 1425,
1433,1437
AND 1439
SOUTH
MINNIE
STREET
4.
TOWNSEND
701 SOUTH
6.50°/o
8%
2018-
& RAITT,
TOWNSEND
061
L.P.
5.
TOWNSEND
709 S.
6.50%
80/.
2018-
& RAITT,
TOWNSEND
062
L.P.
STREET
6.
TOWNSEND
817 SOUTH
6.50%
8%
2018-
& RAITT,
TOWNSEND
063
L.P.
7.
TOWNSEND
821 SOUTH
6.50%
8%
2018-
& RAITT,
TOWNSEND
064
L.P.
8.
TOWNSEND
834 SOUTH
6.50%
8%
2018-
& RAITT,
RAITT
065
L.P.
9.
DURANT —
1410-1412
6.50%
8%
2018-
1410, L.P.
DURANT
066
STREET
0.
LACY &
703 N. LACY
7%
80/6
2018-
RAITT, L.P.
STREET
067
1.
LACY &
702 SOUTH
7%
8%
2018-
RAITT, L.P.
RAITT
068
12.
GARNSEY,
326 SOUTH
7%
8%
2018-
L.P.
GARNSEY
069
STREET
MOTION: Martinez SECOND: Pulido
VOTE: AYES:
Martinez, Pulido, Solorio, Tinajero, Villegas (5)
NOES:
None (0)
ABSTAINED:
Benavides (1)
ABSENT:
Sarmiento (1)
CITY COUNCIL MINUTES 18 MARCH 6, 2015
1OB-18
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 PROVIDE STAFF DIRECTION ON THE CREATION OF A
CITIZENS FINANCE ADVISORY COMMITTEE TO REVIEW FINANCIAL
PLANS, FINANCIAL DOCUMENTS, BUDGETARY POLICIES, CALPERS
ACTIVITY, LABOR CONTRACTS, MEDICAL COSTS, AND AUDITOR
SELECTION FOR THE CITY - Mayor Pro Tem Martinez
Mayor Pro Tem continued item to the subsequent meeting.
RECESSED CITY COUNCIL MEETING AT 9:41 P.M. TO THE HOUSING AUTHORITY
MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:42 P.M.
Mayor Pulido left the meeting at 9:42 p.m. and did not return.
WORK STUDY SESSIONS
WS -1. AFFORDABLE HOUSING FUNDS POLICIES AND PROCEDURES -
Community Development Agency
Presentation by Housing Manager, Judson Brown
Affordable Housing Funds Policies & Procedures
History and Timeline of Review
/ Direction from City Council to develop Policies and Procedures:
/ June 20th
/ Presented draft to the Community Redevelopment and Housing
Commission:
/ September 27th (Work Study)
/ October 25th (Approved by a vote of 6:0)
/ Presented draft to the Economic Development, Infrastructure,
Budget and Technology (EDIBT) Committee for Comments:
/ November 13th
/ EDIBT Committee requested more information from staff and
stakeholder feedback
/ Stakeholder Workshop:
/ December 19th
► Presented revised draft to the EDIBT Committee for Comments:
► January 8th
CITY COUNCIL MINUTES 19 MARCH 6, 2018
1OB-19
► EDIBT Committee requested additional revisions which have been
incorporated into this draft
Policies & Procedures Outline
/ Purpose
1 To guide how affordable housing funds and land assets available
are allocated, committed, loaned and monitored for multi -family
affordable housing development in the City
/ Intent
1 To provide a transparent, open and fair process in the allocation of
scarce affordable housing funds and land assets available to the
City for affordable housing development
Policies & Procedures Outline
/ Types of Affordable Housing Funding Sources Available
/ Proposal Submittal and Review Procedures
/ Pre -Loan Commitment Procedure
/ Loan Terms and Closing Procedures
► Project Monitoring and Reporting
/ Detailed Overview of Funding Sources
Multiple Opportunities for Proposal Submission and Review
1. Open RFP Process
Proposals may be submitted at anytime
RFP is continuously open throughout the year
• Provides for an opportunistic process so the City will not
miss out on a site for development
• Quarterly review of proposals
• Minimum score of 75 points required to proceed forward
2. City Council Initiated Proposal Review
C A City Councilmember may request review of a proposal
Developer pays for analysis by real estate advisor (e.g.
KMA)
City Council then presented with both City staffs and the
real estate advisor's analysis and provides direction, without
staff recommendation
5 votes to move forward
3. By -Right Funding for Housing
• Developer may submit an application for by -right funding for
housing
• Project must be located in a zone designated as "by -right'
for housing development
Only units serving households at 30% Area Median Income
or below may qualify
The maximum per unit subsidy shall not exceed the
maximum per unit subsidy limits set by HUD for the HOME
Program
CITY COUNCIL MINUTES 20 MARCH 6, 2015
1 OB -20
Only applies to local funds (e.g. Inclusionary Housing Funds)
because all Federal Funds must go through a federal
procurement process.
• RFP Competitive Selection Criteria
Policies and Procedures include a sample of the Criteria
/ Competitive Selection Criteria is to be reviewed at least once a year
to ensure it best meets the goals and needs of the City
/ Based on needs identified in the Housing Element and our
Regional Housing Needs Assessment
Councilmember Benavides, noted lack of clarity and challenges in the past,
and thanked staff for brining item forward. Directed staff to setup a meeting
to review item.
Councilmember Sarmiento, opined report addressed and incorporated City
Council concerns, need for affordable and multi -family housing, and need
to reflect lower AMI in the policy.
Mayor Pro Tem Martinez, opined this is an opportunity to ensure City can
provide stability and consistency with developers.
*Councilmember Sarmiento abstained on WS -2 due to a potential conflict of interest and
left the meeting.
WS -2. COMMERCIAL CANNABIS NON -RETAIL OTHER USES - Planning and
Building Agency
Continue matter to the next regualrly scheduled City Council meeting.
Mayor Pro Tem Martinez motion, seconded by Councilmember Tinajeo to elect
Councilmember Benavides as Acting Chair.
Mayor Pro Tem Martinez left the meeting at 9:52 p.m. and did not return.
Councilmember Benavides assumed the Chair.
COMMENTS
PUBLIC COMMENTS
CITY COUNCIL MINUTES 21 MARCH 6, 2018
1 OB -21
• Branden Wells, opined Apprentice Builds, a non-profit organization aims to help at risk
youth and students to learn hands on skills that are not being taught well or sufficiently
by building hot rods. Asked support from the City Council and the City of Santa Ana.
• Curt Dyer, expressed opposition to 2525 Main Street development project and urged
City Council to say no to the development project.
• Dale Helvig, opined housing plan must be followed. expressed opposition to 2525
Main Street development project.
• Patricia Coleman, expressed opposition to 2525 Main Street development project.
• Sabrina Wilson, expressed opposition to 2525 Main Street development project.
Opined lack of parking would spill traffic onto the local streets.
• Jeff LeTourmeau, presented City Council with resolution on behalf of the Orange
County Democratic Party regarding the demise of the OC Needle Exchange. Opined
needle exchange programs have been an effective and low cost public health method
for reducing infectious disease transmission as well as an effective means of used
needle retrieval.
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, noted Emergency Response Team CERT, Santa
Ana Police Department, Orange County Fire Authority, and the American
Red Cross will be conducting a variety of community trainings during the
month of March and informed City won the Berkeley Springs International
Water Tasting competition.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Solorio,
• Commented that City working with School District on internship
opportunity over the summer; and
• Directed staff to reach out to Garden Grove, Tustin, and Orange Unified
School District to promote opportunity, and to report on the agenda
Councilmembers who conduct city business outside of the City.
Councilmember Benavides,
• Noted City Council previously took action to incentivize local businesses
to win City projects; and
• Directed staff to review and implement program to encourage business
to bid and win City Projects, and review strategy to address potholes
and street maintenance.
Councilmember Tinajero,
CITY COUNCIL MINUTES 22 MARCH 6, 2018
1 OB -22
• Thanked staff for their hard work; and
• Noted upcoming March on Gun Violence at Centennial Park and Santa
Ana School District participation in the district wide speech and debate
middle school contest attended by over 400 students.
ADJOURNED - 10:19 P.M. - The next meeting of the City Council is scheduled for
Tuesday, March 20, 2018 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza,
Santa Ana, California.
Adjourned Meeting in Memory of
Robert Banuelos
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Planning Commission Appeal of The Madison, 200 N. Cabrillo Park, Dr.
• Fiscal Year 2018-19 Budget
• Bristol Street Corridor Plan Update
• Policy on Use of General Reserve and Enterprise Funds
• Policy on Sale of Remnant Parcels
• Ordinance on Non -Retail Cannabis
• Amendment to Metro East Mixed -Use Overlay District
• Jail Reuse Study
• Work Study Sessions:
o Mobile Vending Ordinance Implementation
o Work Cooperatives
CITY COUNCIL MINUTES 23 I MARCH 6, 2018
1 OB -23
1 OB -24