HomeMy WebLinkAbout10A - MIN MARCH 20MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 20, 2018
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:11 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:34 p.m.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO (5:13 p.m.)
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
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:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code: Orange County Catholic Worker, et al. v. Orange
County, City of Santa Ana, et al.; United States District Court, Central
District Case No. 8:18-cv-00155-DOC-JDE.
MOTION: Add item to Agenda for consideration.
CITY COUNCIL MINUTES
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MARCH 20, 2018
MOTION: Benavides SECOND: Solodo
VOTE: AYES: Benavides, Martinez, Solodo, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Pulido (2)
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:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant
to paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
City of Santa Ana v. California Lodge, et al.., Orange County Superior Court
Case No. 30-2017-00938097-CU-JR-CJC
City of Santa Ana v. Jeronimo Chavez et al., Orange County Superior Court
Case No. 30-2016-00863360-CU-EI-CXC
City of Santa Ana v Miguel A Pulido Mayor of the City of Santa Ana,
Orange County Superior Court Case No. 30-2018-00979430-CU-WM-CJC
2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
Mario Corona v. City of Santa Ana; Workers' Compensation Appeals Board
case #ADJ9738564; ADJ9369116
3. CONFERENCE WITH LEGAL COUNSEL THREAT OR
ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code
Section 54956.9(b): One case
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
CITY COUNCIL MINUTES 2 MARCH 20, 2018
10A-2
Address of Property: 300 E. Fifth Street, Santa Ana, CA; APNs 398-
327-01, 06, 07, 08, 09; 5,202 sq. ft. net (0.12
acres)
Negotiators: City Manager Raul Godinez II
Negotiating with: Nancy Fainbarg Chase, Steven Fainbarg,
Chase Family Trust and East End Realty
Partners L.P.
Terms: Potential Price and Terms
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 6:27 P.M.
CITY COUNCIL MINUTES 3 MARCH 20, 2018
10A-3
REGULAR OPEN MEETING
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
CEREMONIAL PRESENTATIONS
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:29 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
DAVID MITCHELL, POLICE CHAPLAIN
• PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming March 20th
as Hassan Haghani Day.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO
and COUNCILMEMBER VILLEGAS to Project Summer Employment in Law Firms
(SELF) of Project Youth]Orange County Bar Foundation in recognition of their
contributions to the community.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
the Honorable Jerry Patterson, former Mayor of the City of Santa Ana, in recognition
of his contributions to the community.
• CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to
Annel Delgado Ayala for contributions to the community.
CITY COUNCIL MINUTES 4 MARCH 20, 2018
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'Mayor Pulido left the meeting at 7:18 p.m. and did not return.
CLOSED SESSION REPORT -The CityAttomey will report items to be added to Consent
Calendar Item 19A from the Closed Session meeting.
PUBLIC COMMENTS
• Dale Helving, representing Santa Ana preservation alliance, spoke in opposition to
2525 N. Main Street; have over 1300 residents that are opposed;
• Rayshaun Gadson, proposed phase 1 proposal to stimulate cannabis business and
meet with officials to further discuss.
• Ilya Tsegllin, spoke about issues with Regional Center of OC; opined that City is able
to assist their family with son's situation.
• Robert Tseglin, echoed comments by father Ilya.
• Juan Gonzalez, introduced self as new Public Affairs Manager for Southern California
Gas Company; also encouraged residents to call for gas leaks or smells.
• Ilya Tseglin, spoke on Agenda Item 25B, expressed support for approving proposed
agreement to include legal assistance to citizens that cannot afford to be represented,
families being misrepresented by Public Defender, and City of Santa Ana ability to
send an unbiased police officer to check on his son.
• Robert Tsegllin, echoed comments by his father.
CONSENT CALENDAR ITEMS
MOTION. Approve staff recommendations on the following Consent
Calendar Items 10A through 25F, with the following modifications:
• Councilmember Sarmiento pulled Agenda Item 25C for separate discussion;
• Councilmember Benavides pulled Agenda Item 25E for separate discussion;
and
• Mayor Pro Tem Martinez dissented on Agenda Item 10B, 10C, and 25D and
pulled Agenda Items 22A for separate action.
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Tinajero (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Villegas (2)
CITY COUNCIL MINUTES 5 MARCH 20, 2018
10A-5
MINUTES
10A. MINUTES FROM THE SPECIAL MEETING OF MARCH 1, 2018
{STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Approve Minutes.
10B. MINUTES FROM THE REGULAR MEETING OF MARCH 6, 2018
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
MOTION: Approve Minutes.
*Mayor Pro Tem Martinez dissented on Agenda Item 10B.
10C. MINUTES FROM THE SPECIAL MEETING OF MARCH 9, 2018
{STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office
MOTION: Approve Minutes.
*Mayor Pro Tem Martinez dissented on Agenda Item 10C.
1OD. MINUTES FROM THE SPECIAL MEETING OF MARCH 12, 2018
{STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION
ENVIRONMENTAL REVIEW NO. 2017-96, AND APPROVING
AMENDMENT APPLICATION NO. 2017-02 REZONING THE PROPERTY
LOCATED AT 2056 AND 2058 NORTH BUSH STREET, THE HAMPTON
INN, FROM PROFESSIONAL (P) TO COMMUNITY COMMERCIAL -
MUSEUM DISTRICT (C1-MD{STRATEGIC PLAN NO. 5, 1} - Clerk of the
Council Office
Placed on first reading at the February 20, 2018 City Council meeting and
approved by a vote of 6-0 (Tinajero absent)
Published in the Orange County Reporter on March 9, 2018.
MOTION: Place ordinance on second reading and adopt.
CITY COUNCIL MINUTES 6 MARCH 20, 2018
10A-6
ORDINANCE NO. NS -2939 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE
DECLARATION ENVIRONMENTAL REVIEW NO. 2017-96, AND
APPROVING AMENDMENT APPLICATION NO. 2017-02 REZONING THE
PROPERTY LOCATED AT 2056 AND 2058 NORTH BUSH STREET
FROM PROFESSIONAL (P) TO COMMUNITY COMMERCIAL -MUSEUM
DISTRICT (C1 -MD)
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES—AGENDA AND MINUTES {STRATEGIC PLAN
NO. 5, 1} - Clerk of the Council Office
MOTION: Receive and file.
NAME MEETING DATE
Economic Development Infrastructure, Budget and 3/12/2018
Technology Committee
Public Safety, Code Enforcement and Neighborhood 3/13/2018
Empowerment Committee
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve as follows:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code: City of Santa Ana v. Jeronimo Chavez et al., Orange
County Superior Court Case No. 30-2016-00863360-CU-EI-CXC;
Settlement in the amount of $56,000 by a vote of 6-0 (Pulido absent).
LIABILITY CLAIMS pursuant to section 54956.95 of the Government
Code: Mario Corona v. City of Santa Ana; Workers' Compensation
Appeals Board case #ADJ9738564; ADJ9369116; Settlement in the
amount of $71,164 approved by a vote of 6-0 (Pulido absent).
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code: City of Santa Ana v. California Lodge, et al.., Orange
County Superior Court Case No. 30-2017-00938097-CU-JR-CJC;
CITY COUNCIL MINUTES
10A-7
MARCH 20, 2018
Settlement in the City's favor of a value of over $200,00 approved by a
vote of 6-0 (Pulido absent).
19B. EXCUSED ABSENCES — NONE
19C. GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT
{STRATEGIC PLAN NO. 5, 3B} — Planning and Building Agency
MOTION: Authorize submittal of the General Plan Housing Element
Annual Progress Report to the State of California Housing and
Community Development.
19D. STRATEGIC PLAN MONTHLY REPORT FOR FEBRUARY 2018
{STRATEGIC PLAN NO. 5, 11 - City Manager's Office
The Strategic Plan Monthly Reports are available on the City's website at:
hftp://www.santa-ana.org/strategic-planning/.
MOTION: Receive and file.
19E. 2017 WATER MASTER PLAN {STRATEGIC PLAN NO. 6, 1A) - Public
Works Agency
The 2017 Water Master Plan is available on the City's website at
http://www ci.santa-ana.ca.us/pwa/documents/2017WaterMasterP[an.pdf
MOTION: Receive and file the 2017 City of Santa Ana Water Master
Plan.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
18-019 AWARD A PURCHASE UKUtK [-UK 2
RADIOS {STRATEGIC PLAN N0.1, 5}f -
MOTION: Authorize a one-time purchase and payment of purchase
order to Motorola Solutions, Inc. for 27 Motorola 800 MHz radios in the
amount of $143,275, subject to non -substantive changes approved by
the City Manager and City Attorney.
CITY COUNCIL MINUTES 8 MARCH 20, 2018
10A-8
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
AGREEMENTS
SECOND: Benavides
Benavides, Martinez, Sarmiento, Solorio,
Tinajero (5)
None (0)
None (0)
ABSENT: Pulido, Villegas (2)
25A. AGREEMENT FOR PARKING LEASE AT 308 NORTH MAIN STREET
{STRATEGIC PLAN NO. 3, 4B} — Finance and Management Services
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Apostolic Assembly of the Faith in Christ
Jesus, Inc. for the period of April 1, 2018 through March 31, 2019, at a
monthly rate of $1,053 in a total amount not to exceed $12,636, subject
to non -substantive changes approved by the City Manager and City
Attorney (AGMT. No. 2018-070.
25B. AMEND AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH
JONES & MAYER, ATTORNEYS AT LAW TO SUPPORT CODE
ENFORCEMENT EFFORTS {STRATEGIC PLAN NO. 3, 3; 5, 4E} —
Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment to the agreement with Jones & Mayer, Attorney
at Law, for legal services in the area receivership based on nuisance
conditions resulting from operating illegal marijuana dispensaries and
from health and safety violations of the City's Municipal Code matters
for an additional amount of $90,000 not to exceed a total contracted
amount of $290,000, subject to non -substantive changes approved by
the City Manager and City Attorney (AGMT. No. 2018-071).
ORANGE COUNTY SCHOOL OF
PI AAI AI(T " I 1(: 1 ni — Pnlina Kann
CITY COUNCIL MINUTES 9 MARCH 20, 2018
10A-9
Councilmember Sarmiento expressed concerned that an officer will be
removed from patrolling the City; and requested clarification on City versus
Charter School jurisdiction.
City Manager Godinez, conveyed that OSCA is aware that School Resource
Officer might be pulled from site to address off-site matters for immediate
needs and vice versa.
Police Chief Valentin, provided past history of contract with Santa Ana
Unified School Police Department and OSCA; assured council that it's an
additional position that will be recruited for and that officer will be available
to assist in matters off-site of OSCA.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute the attached agreement with the Orange County School of the
Arts (OCSA), which provides for the Santa Ana Police Department to
staff one full time School Resource Officer to the academic institution,
for a term not to exceed three -years beginning April 1, 2018 through
March 31, 2021, for a total amount not to exceed $860,863.49, which
includes an annual $50,000 contingency as part of the total amount,
subject to non -substantive changes and approval by the City Manager
and City Attorney. (AGMT. No. 2018-072).
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Villegas
Benavides, Martinez, Sarmiento, Solorio,
Tinajero, Villegas (6)
None (0)
None (0)
Pulido (1)
25D. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY
ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 1
(PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN
NOS. 6, 1 G; 3, 2C} — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute Purchase Agreements for the real property acquisition and
goodwill (if any) with the property owners listed below, subject to non -
substantive changes approved by the City Manager and City Attorney:
CITY COUNCIL MINUTES 10 MARCH 20, 2018
1OA-10
No. Property Property commonly Acquisition Amount Agmt No.
Owner known as / location Type
1. Heung Soo 209 E. Warner Ave. Full $510,000 2018-073
Hong (APN 403-142-14)
2. Delia 2246 S. Orange Full $442,000 2018-074
Castillo Ave. (APN 403-142-
3. Jorge and
2245 S. Orange Full $458,000 2018-075
Alicia
Ave. (APN 403 -143 -
Castro;
12)
Ariel
Castro;
and Miguel
A. Castro
4. Lorena
2246 S. Maple St. Full $445,000 2018-076
Basurto
(APN 403-143-15)
and
Margarita
Martinez
'`Mayor Pro Tem Martinez dissented on Agenda Item 25D.
ENVIRONMENTAL ASSESSMENT, RECREATIONAL VALI
ASSESSMENT AND 'NATIONAL PARK SERVICE DOCUMENTS FOR
LAND EXCHANGE; RELATED TO CENTENNIAL PARK (STRATEG
Councilmember Benavides, requested staff to explain additional requests
by National Park Services, need to raise concerns at the time of negotiation,
and to provide City Council with reimbursement and maintenance costs;
opined all options have yet to be exhausted and expressed concern of
dedicating land to school and opposition to item.
Councilmember Sarmiento, expressed concern process has taken so long,
lack of updates provided to City Council, and continued delays; request staff
to provide ongoing updates, to contact National Park Service to request
matter be expedited, and to direct consultant to expedite process; vast
majority of community does not have a problem with project.
Councilmember Solorio, asked if land deed would be a land exchange,
deed, full ownership, or use.
MOTION. Authorize the City Manager and Clerk of the Council to
execute an agreement with Placeworks in an amount not -to -exceed
$134,126, which includes a contingency of $14,022, for a term from
March 21, 2018 through December 31, 2018 to provide an
CITY COUNCIL MINUTES
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10A-11
MARCH 20, 2018
environmental assessment, recreational value assessment and
additional documents required by the National Park Service for review
of a land exchange between the Rancho Santiago Community College
site and various park sites, subject to non -substantive changes
approved by the City Manager and City Attorney (AGMT. No. 2018-
077).
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Martinez, Sarmiento, Solorio, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Pulido (2)
25F. APPROVE AGREEMENT FOR CITY ENGINEER STAFF SERVICES
(STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Interwest Consulting Group to provide City
Engineer staffing services beginning March 21, 2018, and expiring on
September 28, 2018, with an option to extend the agreement for up to
six months on a month-to-month basis, in the total amount not to
exceed $101,400, which is based on $15,600 per month at a billing rate
of $150 per hour, subject to non -substantive changes approved by the
City Manager and City Attorney (AGMT. No. 2018-078).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
REPORTS
65A. DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
REGIONAL CONFERENCE AND GENERAL ASSEMBLY MEETING
(STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
CITY COUNCIL MINUTES 12 MARCH 20, 2018
10A-12
MOTION. Designate Mayor Pro Tem Michele Martinez as a voting
delegate for the SCAG's Regional Conference and General Assembly
scheduled for May 3 and 4, 2018.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Tinajero, Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
65B. AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENTER
INTO AGREEMENTS RELATED TO REVENUE GENERATION IN AN
AMOUNT NOT TO EXCEED $100,000, THROUGH DECEMBER 31, 2018
(STRATEGIC PLAN NOS. 1 THROUGH 7) — City Manager's Office
Councilmember Benavides, need to find revenue generating tools, to look
beyond ballot measure; in a position where economic development beyond
looking at a ballot measure should be a top priority; be aggressively
proactive to find alternative means to generate revenue for the City.
Mayor Pro Tem Martinez, asked if this item is specifically to study various
options to go to the ballot.
MOTION: Authorize the City Manager and City Attorney to enter into
agreements related to revenue generation in an amount not to exceed
$100,000, through December 31, 2018.
MOTION: Soloriio SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez,
Tinajero, Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
Sarmiento, Solorio,
CITY COUNCIL MINUTES 13 MARCH 20, 2018
10A-13
PUBLIC HEARINGS
75A. ADOPT ZONING ORDINANCE AMENDMENT NO. 2017-04 TO AMEND
PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS (GRANNY FLATS)
{STRATEGIC PLAN NO. 5, 31 - Planning and Building Agency
Planning Commission approved recommended action on October 23, 2017
by a vote of 5-0 (Nguyen and Mendoza absent).
Legal Notice published in the Orange County Reporter on March 9, 2018.
Mayor Pro Tem Martinez opened the Hearing. The following spoke on the
matter:
• Mike Tardif, expressed support for ordinance; will comply with the
requirements of the State and will allow for additional needed additional
housing for the residents.
The Hearing closed.
Planning and Building agency staff provided minor amendments to the
ordinance for consideration.
MOTION: Place amended ordinance on first reading and authorize
publication of title.
ORDINANCE NO. NS -2940 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO
PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO SECOND DWELLING UNITS
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,
Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Tinajero (2)
CITY COUNCIL MINUTES 14 MARCH 20, 2018
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*Councilmember Sarmiento noted for the record that he had received a clearance letter
from the Fair Political Practices Commission (FPPC) and is able to participate in cannabis
related matters from this point forward, but because he had not been privy to information
on this matter would be abstaining.
75B. ADOPT URGENCY ORDINANCE ALLOWING COMMERCIAL CANNABIS
TESTING LABORATORIES AND ORDINANCE AMENDMENT NO. 2018-
01 TO AMEND CERTAIN SECTIONS OF CHAPTERS 40 AND 18 OF THE
SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) TO ALLOW
COMMERCIAL CANNABIS LABORATORY TESTING AND ADOPT
RESOLUTION TO MODIFY CANNABIS- RELATED REGISTRATION
APPLICATION AND REGULATORY SAFETY PERMIT FEES IN FISCAL
YEAR 2017/18 MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN
NOS. 3, 2; 3, 3; 3, 5; 4, 3) - Planning and Building Agency
Legal Notice published in the Orange County Reporter on March 9, 2018
and March 16, 2018.
Mayor Pro Tem Martinez opened the Hearing. The following spoke on the
matter:
• Alex Mohammed, expressed concern as to pesticides left in the product,
testing facility entry requirements are not high enough, and current
testing facilities may not have the required licensing; encouraged
adoption.
• Scot Candell, opined lab tax rates are lower in other cities, lower taxes
attract lab facilities, and high upstart costs for lab facilities would make
it more difficult to open a facility.
• Jason Gallegos, noted that there is no manufacturing or cultivation in the
City and asked what would the lab facilities be testing; extended offer to
communicate with local business owners to address concerns.
• Taft with 420 Central, opined Measure BB was successful because it
went through a vetting process and lottery, asked what is the urgency in
bringing this matter forward,
• Claudio Gallegos, representing the office of Congressman Lou Correa,
expressed support for responsible business development of the
cannabis industry, and opportunity for the City a to be a leader on this
issue and bring revenue and jobs.
The Hearing closed.
Staff provided staff report.
Include PowerPoint presentation
Councilmember Solorio, asked if there will be a way to ensure quality testing
or will it be market driven. Requested that staff to share State requirements
CITY COUNCIL MINUTES 15 MARCH 20, 2018
10A-15
with lab testing facilities. Expressed support for a 5% tax rate. Opined lower
tax rate would attract businesses, jobs created would be good jobs, and
competitive advantage to lower rate to 5%. Directed staff to issue a cease
and desist letter orto join the State's efforts in advertising illegal businesses.
Councilmember Benavides, asked if there are regulations or guidelines
from the State. Expressed support to reduce tax rate to 5%, opined lower
tax rate would make City of Santa Ana more competitive, and need to revisit
insurance requirements.
Mayor Pro Tem Martinez, stated that State requirements are high and
necessary steps for existing testing facilities to be notified of State
requirements and regulations. Directed staff to mirror State requirements
and to notify existing illegal operators of the City Council's action to require
a license. Friendly amendment introduced to square footage cost to be 5%
or $1.50 p/ sq. ft.
Councilmember Tinajero, noted that Cityis one of the few cities that allows
industry, need to generate income for the City, and to keep the tax rate 6%.
Councilmember Sarmiento, requested that staff address social media sites
and weed maps that promote unlicensed operators.
City Manager Godinez, noted that report included list of States and current
tax rates.
MOTION: Adopt an Urgency Ordinance to permit and regulate
Commercial Cannabis Laboratory Testing facilities in the Light and
Heavy (M-1 and M-2) Industrial zoning districts. (Requires five
affirmative votes.)
ORDINANCE NO. NS -2941 - AN EMERGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA PURSUANT TO
CHARTER SECTION 415 AMENDING CERTAIN SECTIONS OF
CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS TESTING
LABORATORIES FOR MEDICINAL AND ADULT -USE PURPOSES AND
AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF
THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL
MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE
MUNICIPAL CODE
MOTION: Villegas SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
NOES: None (0)
CITY COUNCIL MINUTES 16 MARCH 20, 2018
10A-16
ABSTAIN: Sarmiento (1)
ABSENT: Pulido (1)
MOTION: Amend the rate to in the ordinance and place ordinance on
first reading and authorize publication of title.
ORDINANCE NO. NS -2942 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF
CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS TESTING
LABORATORIES FOR MEDICINAL AND ADULT -USE PURPOSES AND
AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF
THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL
MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE
MUNICIPAL CODE
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: Pulido (1)
MOTION: .Adopt a resolution.
RESOLUTION NO. 2018-021 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA MODIFYING THE ADULT -USE CANNABIS
RETAIL REGISTRATION APPLICATION FEE AND REGULATORY
SAFETY PERMIT FEE TO APPLY TO ANY COMMERCIAL CANNABIS
BUSINESS IN ACCORDANCE WITH CHAPTERS 18 AND 40 OF THE
SANTA ANA MUNICIPAL CODE
MOTION: Tinajero SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas
(5)
CITY COUNCIL MINUTES
NOES: None (0)
ABSTAIN: Sarmiento (1)
17
10A-17
MARCH 20, 2018
ABSENT: Pulido (1)
JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. AFFORDABLE HOUSING FUNDS POLICIES AND PROCEDURES
{STRATEGIC PLAN NO. 4, 51 — Community Development Agency
Community Redevelopment and Housing Commission approved
recommended action on October 25, 2017 by a vote of 6-0 (De Leon
absent).
Councilmember Benavides, expressed support for item, opined it
addresses variety of housing needs; asked if there is an opportunity to
partner with private individuals to create affordable housing.
Councilmember Sarmiento, commented on attempts to build in safeguards
and responsible process, introduction of higher unit base, and providing
affordable housing, and need to be flexible to meet housing needs.
Mayor Pro Tem Martinez, thanked staff, community and developers for their
work in moving this item forward.
MOTION: Adopt the draft Affordable Housing Funds Policies and
Procedures, subject to non -substantive changes approved by the City
Manager and City Attorney.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
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.
CITY COUNCIL MINUTES 18 MARCH 20, 2018
10A-18
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
Continued from the March 6, 2018 City Council Meeting.
Mayor Pro Tem Martinez, reflected on comprehensive budget that requires
a lengthy review process, need community involvement, possible
committee, necessity to provide stability to community.
Councilmember Villegas, expressed support to Mayor Pro Tem Martinez 's
request for community involvement.
City Manager Godinez, noted scope of item goes beyond the budget and
recommended an ad hoc committee.
Councilmember Tinajero, concerned with forming a new committee;
increase in bureaucracy.
Councilmember Solorio, opposed to forming a new committee, City
continues to be understaffed, proposed support for narrow ad hoc advisory
committee that meets a few times a year or a workshop that focuses on
areas, important to provide outreach to the community.
Councilmember Benavides, commented that this is opportunity to have
members of community that have expertise in budgets; City does not have
sufficient resources.
Councilmember Sarmiento, noted that staff already obtaining community
feedback; expressed concern as to forming a new committee; time better
spent selecting an auditor.
85B. DIRECT CLERK OF THE COUNCIL TO ACCEPT IMPARTIAL ANALYSIS,
ARGUMENTS AND REBUTTAL STATEMENTS FOR CHARTER
AMENDMENT AS PROPOSED FOR THE SPECIAL MUNICIPAL
ELECTION ON JUNE 5, 2018 AND AS PROVIDED FOR IN THE
ELECTION CODE; AUTHORIZE CITY COUNCIL MEMBERS WHO
DESIRE TO PREPARE AND SIGN AN ARGUMENT; AND
FURTHERMORE INCLUDE INFORMATION ON DEADLINES AND
GUIDELINES ON CITY'S WEBSITE — COUNCILMEMBERS SARMIENTO
AND BENAVIDES
Councilmember Sarmiento, clarified that item directs Clerk of the Council to
set a revised calendar of deadlines.
CITY COUNCIL MINUTES 19 MARCH 20, 2018
10A-19
Clerk of the Council Huizar, noted that deadline for Arguments can be set
for March 27, 2018 and Rebuttals on April 6, 2018.
City Attorney Carvalho, noted this would be time to identify who would be
the author or authorized signer if four or more councilmembers desire to
draft an argument for one side or another.
Councilmember Tinajero, asked Councilmember Vicente Sarmiento to draft
the document.
Councilmember Benavides, asked if there were more than three
Councilmembers signing an argument would it require an action taken in
public due to potential Brown Ac violations. City Attorney Carvalho noted
that such action in open session would allow up to five members to author
an Argument.
MOTION: Direct the Clerk of the Council to Notice the Election and set
new deadlines for Arguments and Rebuttals for March 27 and April 6,
2018 respectively and authorize the councilmembers that approved
Measure to be able to prepare and submit an Argument.
MOTION: Tinajero
SECOND: Sarmiento
VOTE: AYES:
Benavides, Sarmiento, Solorio, Tinajero (4)
NOES:
Martinez, Villegas (2)
ABSTAIN:
None (0)
ABSENT:
Pulido (1)
RECESSED THE CITY COUNCIL MEETING AND CONVENED THE HOUSING
AUTHORITY MEETING AT 9:26 P.M. THE CITY COUNCIL MEETING RECONVENED
WITH SAME MEMBERS PRESENT AT 9:27 P.M.
WORK STUDY SESSIONS
WS -1. COMMERCIAL CANNABIS NON -RETAIL OTHER USES — Planning and
Building Agency
Councilmember Benavides, asked how staff will identify or prioritize testing
services and how will odor will be addressed; asked staff to schedule a
follow up meeting.
CITY COUNCIL MINUTES 20 MARCH 20, 2018
1 OA -20
Councilmember Tinajero, requested that staff expedite item, acquire
necessary staff and consultants; bring item back to City Council for vote in
May or first meeting in June.
City Manager Godinez, clarified item will be presented to City Council as
soon as possible in order to place item on the ballot.
Councilmember Sarmiento, noted that City must be Prop. 218 and 26
compliant; let the voters decide; necessity to discuss community benefits.
Councilmember Solorio, expressed concern with a transition to cultivation,
cap needed for cultivation, opined that micro business not recommended at
this time.; requested staff schedule a follow up meeting, proposed the
following: focus on existing dispensaries to look at onsite opportunities, to
have a cap on offsite opportunities, revenue generated should go to
enforcement and youth programs, require agreements to include local hire,
labor agreements and partnerships with the community, newcomer
application to have one application per property.
Councilmember Benavides, directed staff to provide City Council with
ordinances, technical requirements related to fees recommended and tax
structure; important to be competitive.
Mayor Pro Tem Martinez, asked why other uses are scheduled for later in
year as opposed to moving process quickly; opined that now is opportunity
to leverage industry, need to look at potential revenue generated, and to
have realistic expectations.
WS -2 UPDATE ON WILLOWICK— Community Development Agency
Mayor Pro Tem Martinez, commented that staff is moving in the right
direction.
Councilmember Benavides, directed staff to pursue items as discussed.
Councilmember Solorio, requested to be on steering committee, supports
hiring master developer should ask to have an economic adviser consultant
and community facilitator on their team to absorb these functions.
Councilmember Sarmiento, expressed concern as to community facilitator
communicating with the residents in a noncommittal manner.
CITY COUNCIL MINUTES 21 MARCH 20, 2018
1 OA -21
A
,51:
COMMENTS
CITY MANAGER'S COMMENTS
City Manager Godinez, reported that Santa Ana Police department had the
best statistics in administering the ABC grant, effort on Map Your
Neighborhood workshop, and new teen program launched.
CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked colleagues who attended homeless hearing held Saturday.
Noted Judge Carter singled out dumping homeless in the City of Santa
Ana problem and temporary shelters coming to the cities of Laguna
Niguel, Huntington Beach, and Irvine.
Councilmember Benavides:
• Echoed statements made by Councilmember Sarmiento; and
• Noted City residents are safe, new youth services supervisor appointed,
and directed staff to provide City Council with information on new
appointment.
Councilmember Villegas:
• Provided update on new Orange County Fire Authority Chief,
preparation of Urban Search and Rescue teams to travel up north to
address potential flooding, and
• Requested update on ethics enforcement policy.
Councilmember Solorio:
• Opined that good headway has been made on homeless issue; and
• Invited all to attend upcoming Cesar Chavez event.
Mayor Pro Tem Martinez:
• Informed City Council of walkthrough of the Civic Center with Judge
Carter to address homeless issue;
• Need to work with County to work on homeless issue;
• Informed all of upcoming rally at Centennial Park;
• Need to support SB1; request that staff include information on SBI in
water bill to inform money being generated and use, and
• Adjourned in memory of former Planning and Building Executive
Director, Hassan Haghani.
CITY COUNCIL MINUTES 22 MARCH 20, 2018
1 OA -22
ADJOURNED- 10:25 P.M. - The next meeting of the City Council is scheduled for
Tuesday, April 3, 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.
Adjourn Meeting in Memory of
Hassan Haghani,
Former Executive Director of Planning and Building Agency
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
• 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 MARCH 20, 2018
1 OA -23