HomeMy WebLinkAbout2018-04-17 RegularCORRECTED
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 17, 2018
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 (5:22 p.m.)
VICENTE SARMIENTO (5:19 p.m.)
JOSE SOLORIO
SAL TINAJERO (7:44 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 -
• Phil Bacerra, opined effort to convene a meeting with 33 OC Cities to attempt a
collaborate approach to homeless issue have not worked; urged City Council to move
forward with litigation.
• Vincent Pham, opined homeless issue is at arm's length for most people, issue is at his
doorstop, discussion made by City Council will affect everyone, and importance to
understand there are faces behind numbers.
• Maria Acevedo, expressed concern as to personal encounters with homeless individuals
at her home, need to demand other cities to address homeless problem, and encouraged
City Council to step up.
• Tim Johnson, addressed City Council and urged them to not extend this issue any further.
Opined City of Santa Ana is bearing the burden to address homeless issue.
• Irma Macias, opined need for change, responsibilities to ensure needs of speakers are
met, and the need to push other cities to address homeless issue.
CITY COUNCIL MINUTES 1 APRIL 17, 2018
RECESSED AT 5:23 P.M. TO ROOM 147. FOR CLOSED SESSION.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
a. Jessica Stephens v City of Santa Ana et al. Orange County Superior
Court, Case # 30-2017-00911339-CU-PO-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
C. 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
d. Brandon Sontag v. City of Santa Ana, et al., Orange County Superior
Court, Case # 30-2017-00902039-CU-OE-CJC
e. Nicole Quiias v. City of Santa Ana, Orange County Superior Court, Case #
30 -2016 -00850502 -CU -O E -CJ C
f. Santa Ana Police Officers' Association v. City of Santa Ana, Orange
County Superior Court, Case # 30-2015-00801604-CU-OE-CJC
2. CONFERENCE WITH LEGAL COUNSEL —INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the
Government Code: (Two Cases)
3. CONFERENCE WITH LEGAL COUNSEL THREAT OR
ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code Section
54956.9(d)(2): Rush et al, vs. City of Santa Ana
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 2201 & 2205 S. Bristol Street, Santa Ana, CA
(APN Nos. 015-194-23 and 015-194-24)
Owner: Victoria Vargas Bastida
Negotiators: City Manager Godinez
CITY COUNCIL MINUTES 2 APRIL 17, 2018
Terms:
Conditions of potential sale
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Steven Pham, Executive Director of Personnel
Services and Peter Brown of Liebert Cassidy
Employee Organizations: Santa Ana Police Officers Association (POA)
Service Employees' International Union (SEIU)
Part -Time Service Employees' International Union
(PT SEIU)
6. PUBLIC EMPLOYEE — PERFORMANCE EVALUATION pursuant to Section
54957(b)(1) of the Government Code:
Title: City Manager
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 8:20 P.M.
CITY COUNCIL MINUTES 3 APRIL 17, 2018
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
8:21 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
MIGUEL A. PULIDO, Mayor
STAFF Present:
RAUL GODINEZ, II, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE COUNCILMEMBER VILLEGAS
INVOCATION ROGER ARAGON, POLICE CHAPLAIN
CLOSED SESSION REPORT- See Agenda Item 19A for reportable action.
PUBLIC COMMENTS (AGENDIZED ITEMS)
• Ed Garza, expressed support for candidate running for District Attorney.
o Assistant City Attorney John Funk, noted that matter needs to be within the
jurisdiction of the City of Santa Ana.
• Dale Helving, expressed opposition to 2525 Main Street development. Opined 96% of
Park Santiago residents oppose project.
• Billy Leigh, addressed City Council to express opposition to 2525 Main Street
development.
• Jeff Dresser, suggested developer's mail out misrepresents community involvement and
support. Expressed opposition to 2525 Main Street development.
• Brett R. Barbre, president of the Municipal Water District of Orange County, commended
Mayor Pro Tem Martinez for her historic vote approving twin tunnel project and thanked
her for her support and leadership.
CITY COUNCIL MINUTES 4 APRIL 17, 2018
c Councilmember Solorio, noted he has received numerous calls regarding 2525
Main Street project and ongoing environmental review and expected item to come
before City Council in late summer or fall.
• Ilya Tseglin, spoke on Agenda Items 11A and 119D; addressed the City Council to request
assistance in removing his son from the Ward of the State.
• Robert Tseglin, echoed comments made by his father, Ilia.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on the following Consent Calendar
items 10A through 29A, with the following modifications:
o Mayor Pro Tem Martinez dissented on Agenda Item 25F;
o Councilmember Sarmiento dissented on Agenda Item 19D;
o Councilmember Solorio pulled Agenda Item 25G for separate discussion; and
o Councilmember Benavides pulled Agenda Item 25H for separate discussion.
MOTION: Solorio
VOTE: AYES
NOES:
/e1-%3IF_1Ikg
ABSENT:
MINUTES
SECOND: Sarmiento
Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas
(6)
None (0)
None (0)
Pulido (1)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE SPECIAL MEETING OF MARCH 30, 2018— Clerk of the
Council Office
MOTION: Approve Minutes.
1013. MINUTES FROM THE REGULAR MEETING OF APRIL 3, 2018— Clerk of the
Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 5 APRIL 17, 2018
ORDINANCESISECOND READING
11A. ADOPT AN ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE
SECTION 10-152 RELATED TO POLICE CANINES TO EXPAND THE
DEFINITION TO "POLICE ANIMALS' {STRATEGIC PLAN NO. 5, 1) - Clerk of
the Council Office
Placed on first reading at the April 3, 2018 City Council meeting and approved
by a vote of 7-0.
Published in the Orange County Reporter on April 6, 2018.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2943 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA
ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE
DEFINITION OF THE CODE TO POLICE ANIMALS
MISCELLANEOUS ADMINISTRATION
19A, CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approved the following items:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
a. Jessica Stephens v. City of Santa Ana et al., Orange County Superior
Court, Case # 30-2017-00911339-CU-PO-CJC; Settlement in the amount
of $70,000 approved by 6-0 vote (Tinajero absent).
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; Council authorized the filing of a complaint against the County
of Orange and the cities that opposed the siting of homeless resources in
their cities after the County of Orange decided to place shelters in those
cities and then rescinded that decision. Also, the Council directed Mayor
to send a demand letter to all other cities. In dissenting, Mayor Pro Tem
Martinez expressed that she preferred legal action against all cities in
Orange County approved by 5-1 vote. (Tinajero absent and Martinez
dissented)
Settlement on the following three matters in the amount of $370,000
approved by 6-0 vote (Tinajero absent):
CITY COUNCIL MINUTES 6 APRIL 17, 2018
19C
19D.
c. Brandon Sontag v. City of Santa Ana, et al., Orange County Superior
Court, Case # 30-2017-00902039-CU-OE-CJC
d. Nicole Quiias v. City of Santa Ana, Orange County Superior Court, Case
# 30-2016-00850502-CU-OE-CJC
e. Santa Ana Police Officers' Association v. City of Santa Ana, Orange
County Superior Court, Case # 30-2015-00801604-CU-OE-CJC
2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the
Government Code: Council authorized legal action against Crown Castle to
seek judicial review under California Government Code 65964.1 approved by
6-0 vote (Tinajero absent)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 2201 & 2205 S. Bristol Street, Santa Ana, CA (APN
Nos. 015-194-23 and 015-194-24)
Owner: Victoria Vargas Bastida
Negotiators: City Manager Godinez
Terms: Conditions of potential sale
* Council authorized the acquisition of the subject properties by swapping
other city -owned properties and paying $325,000 to make the property
transaction an even exchange, approved by 6-0 vote (Tinajero absent).
EXCUSED ABSENCES — None
STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2018 {STRATEGIC
PLAN NO. 5, 1 } — City Manager's Office
The Strategic Plan Monthly Reports are available on the City's website at:
http://www.santa-ana.org/strategic-planning .
MOTION: Receive and file.
DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO, 5,
1) — Police Department
MOTION: Approve the requests for the destruction of obsolete records
from various City departments in accordance with the retention schedule
outlined in City Council Resolution 2013-014. The Citywide Records
Retention Schedule has specific retention periods for many City
CITY COUNCIL MINUTES 7 APRIL 17, 2018
documents. The Schedule is modeled after the California Secretary of
State's sample for local government and incorporates other statutory
periods applicable to Santa Ana. These are minimum retention periods.
Each department makes discretionary decisions on whether to retain
records past the minimum requirements.
*Councilmember Sarmiento dissented on Agenda Item 19D.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 18-014 - AUTHORIZE TRANSACTION WITH CLYDE ARMORY,
INC. FOR PATROL RIFLES & ACCESSORIES {STRATEGIC PLAN NO. 1, 5) -
Finance and Management Services Agency and Police Department
MOTION: Approve a one-time transaction with Clyde Armory, Inc. for the
acquisition of 38 new Daniel Defense patrol rifles with accessories valued
at $81,147 and for additional miscellaneous weapon accessories in the
amount of $4,298 in exchange for 335 used firearms with a trade-in value
of $85,445, subject to non -substantive changes approved by the City
Manager and City Attorney.
22B. SPEC. NO. 18-029 - AWARD A PURCHASE ORDER TO INNOVATIVE
TACTICAL TRAINING SOLUTIONS FOR TACTICAL TRAINING MANIKINS
(NON -GENERAL FUND) {STRATEGIC PLAN NOA, 5) - Finance and
Management Services Agency and Police Department
MOTION:
1. Authorize a one-time purchase and payment of purchase order to
Innovative Tactical Training Solutions for two TOMManikin Gen4
Tactical Training Manikins in the amount of $110,102, subject to non -
substantive changes approved by the City Manager and City Attorney.
2. Reject the bid from Gaumard Scientific Co., Inc. as nonresponsive.
22C. SPEC. NO. 18-013 - AWARD PURCHASE ORDER TO GREAT PACIFIC
EQUIPMENT, INC., FOR A TRUCK -MOUNTED LOADER {STRATEGIC PLAN
NO.6, 2) - Finance and Management Services Agency and Public Works
Agency
MOTION: Authorize a one-time purchase and payment of purchase order
to Great Pacific Equipment, Inc., for the procurement of a truck -mounted
loader in the amount of $101,675, subject to non -substantive changes
approved by the City Manager and City Attorney
CITY COUNCIL MINUTES 8 APRIL 17, 2018
22D. SPEC. NO. 18-012 - AWARD PURCHASE ORDER TO GUARANTY
CHEVROLET MOTORS INC. FOR THREE CHEVY BOLT ELECTRIC
VEHICLES (STRATEGIC PLAN NO.6, 2) - Finance and Management Services
Agency and Public Works Agency
MOTION: Authorize a one-time purchase and payment of purchase order
to Guaranty Chevrolet Motors Inc. for the procurement of three 2018 Chevy
Bolt electric vehicles in the amount of $114,460, subject to non -
substantive changes approved by the City Manager and City Attorney,
PROJECT/CHANGE ORDER
23A. ACCEPT CONSTRUCTION COMPLETION FOR THE WARNER INDUSTRIAL
COMMUNITY PAVEMENT IMPROVEMENTS PROJECT (PROJECT NO. 16-
6868) (STRATEGIC PLAN NO. 6, 1 B & 1 G) — Public Works Agency
MOTION: Accept the work as completed for the construction of the
Warner Industrial Community Pavement Improvements project.
AGREEMENTS
25A. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION
AGREEMENTS {STRATEGIC PLAN NOS. 5, 2; 5, 3) — Planning and Building
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached Mills Act agreements with the below -referenced property
owners for the identified structures, subject to non -substantive changes
approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 9 APRIL 17, 2018
Property Owner(s)
HPPA
Address/House
AGMT. No.
No.
1.
Robert H. Fairchild &
2017-39
1718 North Flower St.
2018-097
Christine M. Lardas
2.
Mark D. Pero & Mary
2017-40
2208 North Greenleaf
2018-098
E. Pero
St.
3.
Susan Sally Fisher
2017-41
919 North Lowell
2018-099
Street
4.
George M. Will & Kelli
2017-42
2457 North Park Blvd.
2018-100
L. Will
5.
Christine L. Switzer
2017-43
2462 North Riverside
2018-101
Dr.
CITY COUNCIL MINUTES 9 APRIL 17, 2018
25B. APPROVE AN AGREEMENT AMENDMENT WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY AND VIETMANESE COMMUNITY OF
ORANGE COUNTY FOR THE SENIOR MOBILITY PROGRAM TO REMOVE
THE CITY OF SANTA ANA AS A PARTY OF THE AGREEMENT {STRATEGIC
PLAN NO. 5, 4131 — Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment to the agreement with Orange County Transportation
Authority and Vietnamese Community of Orange County for the Senior
Mobility Program to remove the City of Santa Ana as a party of the
agreement, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-102).
25C. AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES WITH DKS
ASSOCIATES TO COMPLETE A PARKING STUDY CURRENTLY
UNDERWAY FOR THE METRO EAST MIXED USE OVERLAY DISTRICT
EXPANSION PROJECT {STRATEGIC PLAN NO. 3, 2 B; 5, 3 A, B, C)- Planning
and Building Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute the attached agreement with DKS Associates ("DKS") for
environmental consulting services to complete an innovative, phased, and
transitional parking code requirements study currently underway with an
aggregate amount not to exceed $37,744 for an eight-month term expiring
on December 31, 2018, subject to non -substantive changes approved by
the City Manager and City Attorney (AGMT. No. 2018-103).
25D. APPROVE AN AGREEMENT WITH CALIFORNIA MANUFACTURING
TECHNOLOGY CONSULTING FOR RAPID RESPONSE SERVICES AT THE
WORK CENTER {STRATEGIC PLAN NO. 2, 41 — Community Development
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with California Manufacturing Technology Consulting for
Rapid Response services for a one-year term beginning April 17, 2018
through June 30, 2019, in an amount not to exceed $100,000, subject to
non -substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-104.
25E. APPROVE SETTLEMENT AGREEMENT WITH NANCY FAINBARG CHASE
AND STEVEN FAINBARG AND EAST END REALTY PARNTERS, LP FOR
PORTIONS OF REAL PROPERTY AT 201 E. FOURTH STREET, 219 E.
FOURTH STREET, AND 300 E. FIFTH STREET (APNs 398-327-01, 06, 07, 08,
09) {STRATEGIC PLAN NO. 4, 1) — Community Development Agency
CITY COUNCIL MINUTES 10 APRIL 17, 2018
MOTION: Authorize the City Manager and Clerk of the Council to execute a
settlement agreement with Nancy Fainbarg Chase and Steven Fainbarg
and East End Realty Partners, LP to modify real property boundaries at
201 E. Fourth Street, 219 E. Fourth Street, and 300 E. Fifth Street (APNs
398-327-01, 06, 07, 08, 09), subject to non -substantive changes approved
by the City Manager and City Attorney (AGMT. No. 2018-105).
25F. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION
LOCATED AT 2246-2248 S. CYPRESS AVE. (APN 403-141-09) FOR
WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802)
(NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) — Public
Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a Purchase Agreement for the real property commonly known as 2246-
2248 S. Cypress Ave. (APN 403-141-09), for a full acquisition and goodwill
(if any) with Susan A. Hawken/Lee Hawken Partnership, in the amount of
$1,650,000 subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-106).
*Mayor Pro Tem Martinez dissented on Agenda Item 25F.
Councilmember Solorio, requested staff to explain how this agreement may help
achieve a true open data platform on City website. Opined nearby cities like
Anaheim have great open data platforms.
Chief Technology Innovations Officer Ciulla, noted item will only provide open
financial information, currently implemented new website that includes an open
data portal similar to other cities in addition to the financial data, and expected
updated website implemented by end of summer.
MOTION: Authorize the City Manager and the Clerk of the Council to
amend the agreement for a one-year period with OpenGov, Inc. for the
period April 5, 2018 through April 4, 2019 in the amount of $12,500, with an
option for two one-year extensions for a total not to exceed amount of
$62,500, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-107).
MOTION: Solorio
VOTE: AYES:
NOES:
CITY COUNCIL MINUTES
SECOND: Benavides
Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
11
APRIL 17, 2018
ABSTAIN:
ABSENT:
None (0)
Pulido (1)
Councilmember Benavides, provided background history; opined branding study
has been comprehensive and thorough, and item brings City closer to bring forth
findings to City Council and community; expressed hope findings will strengthen
the city's image internally and externally.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an amendment to the agreement with North Star Destination
Strategies Inc. to extend the term of the original agreement through
October 18, 2018, for a citywide community branding strategy, subject to
non -substantive changes approved by the City Manager and City Attorney
(AGMT. No. 2018-108).
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Pulido (1)
251. APPROVE A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY FOR THE BRISTOL/ALTON BIKE TRAIL (APN 410-223-
07) {STRATEGIC PLAN NO. 5, 4B) — Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a license agreement with Southern California Edison Company to continue
the use of Edison property (APN 410-223-07) for the Bristol/Alton Bike Trail
for a term of May 1, 2018 to April 30, 2023 for a total compensation of
$1,367.10, subject to non -substantive changes approved by the City
Manager and City Attorney (AGMT. No. 2018-109).
CITY COUNCIL MINUTES 12 APRIL 17, 2018
MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT
COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5,4) — City
Manager's Office
MOTIONS:
1. Authorize the City Manager and Clerk of the Council to execute
agreements with various organizations in support of their community
events and programs, subject to non -substantive changes approved by
the City Manager and the City Attorney, as follows:
a. UC Berkley Chicano Latino Alumni Association in support of on-
going educational outreach for youth in Santa Ana, in a one-time
donation amount of $500 (Councilmember Sarmiento);
b. Charitable Ventures of Orange County in support of the Cesar
Chavez Celebration & Resource Fair at Campesino Park in
collaboration with the Santa Anita Neighborhood Association, in a
one-time donation amount of $250 (Councilmember Solorio);
c. Charitable Ventures of Orange County in support of the Bella Vista
Neighborhood Association's Movie Night event, in a one-time
donation amount of $330 (Councilmember Benavides);
d. American Cancer Society in support of the Relay for Life event, in a
one-time donation amount of $500 (Councilmember Tinajero); and
2. Approve a donation from the Santa Anita Neighborhood Association
to support the Cesar Chavez Celebration and Resource Fair on
March 31, 2018, in the amount of $276 in City services credit
(Councilmember Solorio);
**END OF CONSENT CALENDAR**
REGULAR BUSINESS CALENDAR
AGENDA ITEMS CONSIDERED OUT OF ORDER — PUBLIC HEARING
*Councilmember Sarmiento abstained on Agenda Item 75C due to business interest.
CITY COUNCIL MINUTES 13 APRIL 17, 2018
75C. CONTINUED PUBLIC HEARING — ADOPT ORDINANCE AMENDMENT NO.
2018-02 TO AMEND CERTAIN SECTIONS OF CHAPTERS 8, 18, AND 40 OF
THE SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) TO ALLOW
COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND
DISTRIBUTION ACTIVITIES AND TO AMEND CERTAIN CODE
ENFORCEMENT PROCEDURES RELATING TO UTILITY SHUTOFFS
{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 23, 2018.
Continued from the April 3, 2018 by a vote of 7-0.
Mayor Pro Tem Martinez opened the Hearing.
The following spoke on the matter:
• Jason Lilly, owner of Kannabis Works, expressed support to approve
ordinance and opening of licenses. Opined fees should not only be equitable
to bring in revenue, but also serve the community at a reasonable rate, and
need to find way to address black market.
• Melahaf Rafiei, opined City Council's leadership and vision allowed City of
Santa Ana to move forward in commercializing cannabis cultivation,
manufacturing, and distribution; and will only make the industry stronger and
help the city generate revenue.
• Claudio Gallegos, representative for Congressman Lou Correa, expressed
support for approval of Cannabis cultivation ordinance, commended City
Council dedication to making Santa Ana a leader in the cannabis industry
and bringing good businesses to the City.
The Hearing closed.
Council discussion ensued.
Councilmember Benavides, expressed concern that fees may be excessive
compared to other cities and asked staff to clarify operational fees and how they
make the City of Santa Ana competitive.
Councilmember Solorio, expressed support of fees for enforcement,
administrative, and youth programs. Opined need for stronger language
regarding the type of labor agreements, local hire and sourcing programs, and
need to give priority to existing dispensaries. Request staff perform a one-year
review to see current number of licenses and revenue generated. Expressed
concern possibility of triple taxing businesses.
Mayor Pro Tem Martinez noted code enforcement are the ones that shut down
illegal operations, need to dedicate three code enforcement staff to this effort,
and current state tax on industry at 21 %.
CITY COUNCIL MINUTES 14 APRIL 17, 2018
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2944 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER
40 TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING,
AND DISTRIBUTION ACTIVITIES FOR MEDICINAL AND ADULT -USE
PURPOSES, 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, AND AMENDING CERTAIN SECTIONS OF
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CODE
ENFORCEMENT
MOTION: Tinajero
SECOND: Solorio
VOTE: AYES:
Benavides, Martinez, Solorio, Tinajero, Villegas (5)
NOES:
None (0)
ABSTAIN:
Sarmiento (1)
ABSENT:
Pulido (1)
75A. CONTINUED PUBLIC HEARING — APPEAL NO. 2017-05 SITE PLAN REVIEW
NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW THE
CONSTRUCTION OF A SEVEN -STORY 260 -UNIT MIXED-USE BUILDING
"THE MADISON" AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO
COMMUNITY PARTNERS, LLC, APPLICANT {STRATEGIC PLAN NO. 3, 21 -
Planning and Building Agency
Planning Commission denied the project on December 11, 2017 by a vote of 5-2
(Mendoza and Nguyen dissented).
Legal Notice published in the Orange County Reporter on March 23, 2018.
Continued from the April 3, 2018 by a vote of 7-0.
Mayor Pro Tem Martinez opened the Hearing. The following spoke on the
matter:
• David Waite, land use attorney for Xerox office building, expressed concerns
as to traffic and circulation; noted that circulation plan currently being
reviewed by legal counsel, and requested City Council authorize additional
time to circulation element for the benefit of all parties.
• Donson Liu, transportation engineer with LSA for the property owner of
Xerox center, opined access analysis was lacking and inaccurate compared
to what can be seen out in the field and report results do not match up.
CITY COUNCIL MINUTES 15 APRIL 17, 2018
Robert (Bob) Bisno, applicant and developer, noted he does not own the
property the opposing office building wants him to use, was informed counsel
was retained two months ago, peer review failed to evaluate concessions
already made, and requested City Council to approve development.
The Hearing closed.
Council discussion ensued.
Councilmember Benavides, opined egress to the north part of the building would
benefit the project and community, all options should be exhausted, and
expressed support for continuing matter to allow discussion. Asked staff if
egress and ingress issue was discussed, history of attempts to incorporate into
project, and any incentive applicant will have to address issue once approved.
Councilmember Sarmiento, noted matter has been before City Council several
times, sufficient time has been given to address traffic impact and queuing,
Xerox traffic study did not include mitigating measures by applicant, and further
continuances would not be fair to applicant.
Councilmember Solorio, opined there will be plenty of time before construction
to find optimal solution, application is ready, and expressed support for item.
MOTION: Overturn decision of the Planning Commission and approve
Appeal 2017-005.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Martinez, Sarmiento, Solorio, Tinajero, Villegas (5)
Benavides (1)
None (0)
Pulido (1)
85A. DISCUSS AND PROVIDE STAFF DIRECTION ON THE FOLLOWING ITEMS:
1. Implications and options to address the Mayor's refusal to sign resolutions to
place by -district elections on the June 5, 2018 voter ballot;
2. Prepare new resolutions calling for a ballot measure for the November 2018
General Election to amend the City Charter to a) provide for by -district
elections and b) authorize any member of the council who votes to approve
a contract, resolution or ordinance to execute such approvals if the Mayor is
unavailable or refuses to sign them; and
3. Proceed with Ward Re -boundary process to be prepared for adoption before
the start of the 2018 Candidate Nomination Period.
(Councilmembers Benavides and Sarmiento)
CITY COUNCIL MINUTES 16 APRIL 17, 2018
The following spoke on the matter:
• Debbie McEwen, opined item is convoluted and ridiculous, planning for Ward
specific elections should be done in time and plans set forward by the
California Voters Right act and the Sunshine ordinance adopted by the City,
and need to allow 2020 Census data to be performed first in order to obtain
real numbers.
• Miguel Hernandez, opined democracy and district elections in Santa Ana are
under attack by Trumpism, issue on table has gone beyond the question of
district elections, and Mayor's refusal to sign the resolution is a threat to
democracy.
• Dale Helvig, addressed City Council to express concern boundaries can be
potentially drawn such that it can divide neighborhoods communities;
supports redraw lines after 2020 census and not divide communities.
• Timothy Rush, stated opposition to district voting because he does not want
Santa Ana to turn into Chicago; Councilmembers should continue to
represent the entire city, redrawing of boundaries should be done after next
official census data received, and boundaries should be created in a manner
that brings all stakeholders to the table.
• Joese Hernandez, on behalf of OCCORD, opined City of Santa Ana is
violating California Voter Rights act, need to create a better representation,
fear mongering and misrepresentation should stop; expressed support for
the rights of the Vietnamese community.
• Peter A. Katz, thanked Mayor for savings the city $202,000 by not holding a
Special Election; opined City is $17 million dollar deficit; study to determine
hybrid system in place complies or does not comply with the California State
Rights act should be released, and redrawing lines after the census makes
more sense.
• Thomas Gordon, opined Council lines were redrawn in 2012, 27% of the
Asian community were excluded from voting from ward six, and
neighborhoods are already divided.
• Irma Macias, opined issues is not going anywhere, community is looking for
change, and resources are needed in other areas of the community.
Council discussion ensued.
Mayor Pro Tem Martinez motion to elect Councilmember Benavides as Chair, Seconded by
Councilmember Sarmiento approved by 6-0 vote.
Acting Chair Benavides presided over the meeting.
Councilmember Sarmiento, noted item originally started as a discussion on a
possible transition from at large or by district election process, and putting it
before the voters to decide. Opined Mayor thwarted the will of the council;
council represents the voters and the residents, and not the first time the Mayor
refused to perform his ministerial duties. Asked staff to provide recommendation
CITY COUNCIL MINUTES 17 APRIL 17, 2018
on how to prevent this from happening again, such as sanctions that may be
imposed or referral to FPPC.
Councilmember Villegas, opined that Mayor may have believed vote was illegal
and did not sign resolution; also question of Brown Act violations.
Councilmember Tinajero, noted City Council took a vote that was approved by a
majority of the City Council; opined although Mayor did not agree with it he had
responsibility to sign and take appropriate legal action after; democracy blocked.
Councilmember Solorio, echoed statements made by colleagues; noted
traditionally not supportive of going down this route but believes in California
Voting Rights Act, and importance of law; noted that communities that are
implementing this have been doing it in a way that has enfranchised and
involved more communities in the voting process, need to research when
demographer report can be released, City of Santa Ana was acting responsibly,
and need to not divide neighborhoods. Expressed support for item.
Mayor Pro Tem Martinez, noted at first was not supportive because it was very
rushed, Mayor Pulido has a responsibility to sign documents, Mayor violated the
charter and duties, and implored Mayor to fulfill his duties in the future. Noted
will only support district election unless all 19 different methods are researched,
need to amend Charter to address residency requirements, hiring of a company
like ESRI who will be open and transparent, and need to implement policy that
funds cannot be used at their beckon call. Asked City Attorney is it typicall to
perform boundary changes before census.
Mayor Pro Tem Martinez left the meeting at 10:08 p.m. and did not return.
City Attorney Carvalho, noted charter requires review boundaries after a census
occurs, is not aware of historical actions, and review has been performed every
ten years.
Councilmember Benavides, thanked everyone for their comments. Noted similar
discussion on district elections occurred, Council voted to place district election
on ballot in June, and certain members of the community are being
disenfranchised. Opined judge gave an order to the Mayor, clearly
communicated to Mayor he violated ministerial duties, abandoned his
responsibilities, and turned his back on the community. Asked staff to clarify
process in considering ward boundaries, implications and options to address the
Mayor's refusal to sign resolutions, and if moving to district elections would reset
term limits.
Clerk of the Council Huizar, noted election code requires five public hearings,
four are required under the election code and one under the charter, pre -
drawing of maps to obtain the elements of what the community wants,
demographer would need to consider community interests before drafting maps.
CITY COUNCIL MINUTES 18 APRIL 17, 2018
City Attorney Carvalho, provided City Council with summary of ethics committee
addressing of ethics code, possible enforcement provisions of the value based
ethics code, City Council discretion to adopt resolution of censure. Noted ballot
analysis prepared stated unequivocally consideration of by district elections
would in no way impact term limits of existing councilmembers and measure
was not intended to do so.
FRIENDLY MOTION: Direct staff to provide options for City Council
consideration on how to address the Mayor's refusal to sign resolutions to
place by -district elections on the June 5, 2018 voter ballot; prepare new
resolutions calling for a ballot measure for the November 2018 General
Election to amend the City Charter to a) provide for by -district elections
and b) authorize any member of the council who votes to approve a
contract, resolution or ordinance to execute such approvals if the Mayor is
unavailable or refuses to sign them; and Proceed with Ward Re -boundary
process to be prepared for adoption before the start of the 2018 Candidate
Nomination Period.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
SECOND: Sarmiento
Benavides, Sarmiento, Solorio, Tinajero (4)
Villegas (1)
None (0)
Martinez, Pulido (2)
55A. ADOPT A RESOLUTION ADOPTING A LIST OF PROJECTS TO BE FUNDED
BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT IN
FISCAL YEAR 2018-19 CAPITAL IMPROVEMENT PROGRAM {STRATEGIC
PLAN NO. 6, 1 G} — Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO 2018-025 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
MOTION: Sarmiento
VOTE: AYES:
NOES
CITY COUNCIL MINUTES
SECOND: Tinajero
Benavides, Sarmiento, Solorio, Tinajero, Villegas (5)
None (0)
None (0)
19
APRIL 17. 2018
ABSENT: Martinez, Pulido (2)
55B. ADOPT A RESOLUTION RESCINDING PREVIOUSLY ADOPTED ELECTION
RESOLUTIONS RELATED TO BALLOT MEASURE CONCERNING BY -
DISTRICT ELECTIONS ON THE JUNE 5, 2018 STATEWIDE PRIMARY
ELECTION BALLOT {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council and
City Attorney's Office
The following spoke on the matter:
• Arnulfo Montero, expressed support for district election. Opined residents of
Santa Ana have lost the right to vote for or against district elections and
Mayor has abused his powers.
• Theresa Le, (translator) noted election reform was rejected with Mayor's
refusal to sign appropriate documents and court system ruled his actions are
outside the limits of his authority; urged City Council to place issue of
election reform onto the ballot as soon as possible.
• Jorge Rodriguez, expressed support for district elections; opined when
Mayor does not fulfill his responsibility it should be given to another
Councilmember and no Councilmember has the right to obstruct what the
public wants.
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-026 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA RESCINDING RESOLUTION NOS. 2018-015,
2018-016 AND 2018-017
MOTION: Solorio SECOND: Sarmiento
VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Pulido (2)
*Councilmember Sarmiento left the meeting at 10:32 p.m. and did not return.
REPORTS
65A. DISCUSSION AND CONSIDERATION OF LEGISLATIVE POSITION ON
SENATE BILL 895 (VIETNAMESE REFUGEE MODEL CURRICULUM)
{STRATEGIC PLAN NO. 21 — City Manager's Office
CITY COUNCIL MINUTES 20 APRIL 17, 2018
Councilmember Villegas, noted there were many brave Vietnamese men and
women who fought alongside American service members during the Vietnam
war, and need to have their story told. Requested colleagues for a support letter
on SB895 to be sent to Sacramento.
MOTION: Support position on Senate Bill 895 (Nguyen), Vietnamese
Refugee Model Curriculum.
MOTION: Villegas
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Tinajero
Benavides, Solorio, Tinajero, Villegas (4)
None (0)
None (0)
Martinez, Pulido, Sarmiento (3)
75A. AGENDA ITEM CONSIDERED OUT OF ORDER
75B. CONTINUED PUBLIC HEARING - RESOLUTION APPROVING A
RELOCATION PLAN FOR WARNER AVENUE PHASE 1 IMPROVEMENTS
BETWEEN MAIN STREET AND OAK STREET (PROJECT NO. 14-6802)
(NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G & 3, 2C) — Public
Works Agency
Legal Notice published in the Orange County Reporter on March 23, 2018 and
notices mailed to affected properties on March 27, 2018.
Continued from the April 3, 2018 by a vote of 6-1 (Martinez dissented).
Councilmember Benavides opened the Hearing. There were no speakers and
the Hearing closed.
Council discussion ensued.
Councilmember Benavides, asked staff to clarify if number of tenants addresses
relocation award, to confirm there is no under count, implication to relocation
award that housing unit receives, and staff to translate letter.
MOTION: Adopt a resolution.
RESOLUTION NO. 2018-027 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR
CITY COUNCIL MINUTES 21 APRIL 17, 2018
PHASE 1 IMPROVEMENTS OF THE WARNER AVENUE IMPROVEMENTS
PROJECT BETWEEN MAIN STREET AND OAK STREET
MOTION: Tinajero SECOND: Solorio
VOTE: AYES: Benavides, Solorio, Tinajero, Villegas (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez, Pulido, Sarmiento (3)
75C. 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. AGENDA ITEM CONSIDERED OUT OF ORDER
85B. DISCUSS AND ADDRESS ALLEGATIONS OF BROWN ACT VIOLATIONS BY
MULTIPLE MEMBERS OF THE CITY COUNCIL REGARDING SERIAL
MEETING (Councilmember Villegas)
The following spoke on the matter:
Debbie McEwen, opined City Council violated Brown act and code of ethics
by talking bad about Mayor Pulido, need to focus on city business would
serve the community better, and need to stop serial meetings.
Councilmember Villegas, expressed concern over alleged Brown act violations;
Clerk should not be blamed for violations, text thread gave direction to staff and
items for discussion; need for everyone to be responsible, and his desire as a
private individual to send notice to Orange County District Attorney Special
Prosecution Unit of possible violations opined that intent is not an element of the
violation of the section.
Councilmember Tinajero, stated that Councilmember can proceed and asked
that is also include a report on Mayor's Brown Act violated as reported by Voice
of OC; staff should have handled it differently; noted text message to
Councilmembers was to inform them Mayor abdicated his role; commented that
Mayor has more FPPC violations than the past three councils combined; directed
Clerk to change text message policy and practice; asked City Attorney to clarify
Agenda Item 55B.
CITY COUNCIL MINUTES 22 APRIL 17, 2018
City Attorney Carvalho, indicated that Agenda Item 55B is a complete rescission
of resolutions, text messages subject had to do with scheduling of meeting and
what might be discussed; opined that ultimately the City Council did not hold that
meeting and discussion that occurred was not consummated, also details of
message did not include four Councilmembers and there was no concurrence on
a single topic of discussion. Noted intent is an element to bring criminal cause of
action under the Brown Act; Brown Act violations that occur or those noted in
reported cases are when four members of a seven -member council get together
and make a decision and hold a council meeting and deprive the public of what
their discussion was about.
Councilmember Benavides, opined discussion by speakers on alleged violations
is being made to seem like some type of major collusion or illegality. Suggested
Mayor's main concern is a specific interest to have the support he needs
politically to run a campaign to be reelected this November, and Mayor took this
up in order to garner that level of support. Thanked City Attorney for her
clarification.
WORK STUDY SESSION
WS -1. UPDATE ON MOBILE VENDING — Continued to the following council meeting.
COMMENTS
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, invited all to upcoming Dia de los Ninos event on April
21, 2018 which celebrates the importance of children, families, literacy and
cultures; provided report on household hazard waste event that was attended by
over 1,097 residents and new water and sewer website that will provide
customers with information on water and sewer services as well as water
conservation information.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Solorio:
• Community Development Block Grant applications under way; suggest that
summer nights be considered; staff to work on fast tracking and reserving
facilities;
• Noted that violent crime rates have decreased; requested presentation to
document past two years in addition to current vacancies in the police
department, and need to work together with police department and
community leaders to hire new police officers.
Councilmember Villegas:
CITY COUNCIL MINUTES 23 APRIL 17, 2018
• Congratulated new Orange County Fire Authority Chief Hennessey;
• Attended Employee Awards on April 11; congratulated all awardees.
Councilmember Benavides:
• Connect to Council will be having South Coast neighborhood meetings on
April 25th to present on several topics;
• Saturday held Art Walk; and
• Encouraged all to attend events and activities throughout the community and
to shop Santa Ana!
ADJOURNED 11:05 P.M. - The next meeting of the City Council is scheduled for
Tuesday, May 1, 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.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• 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 Work Cooperative
CITY COUNCIL MINUTES 24 APRIL 17, 2018