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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 18, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5: 15 P. M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — NONE COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5: 16 P. M. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph ( 1) of subdivision ( d) of Section 54956. 9 of the Government Code: CITY COUNCIL MINUTES 1 SEPTEMBER 18, 2018
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Page 1: MINUTES OF THE REGULAR MEETING SEPTEMBER 18, 2018 …

MINUTES OF THE REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA

SEPTEMBER 18, 2018

CLOSED SESSION MEETING

CALLED TO ORDER COUNCIL CHAMBER

22 CIVIC CENTER PLAZA

5: 15 P. M.

ATTENDANCE COUNCILMEMBERS Present:

MIGUEL A. PULIDO, Mayor

MICHELE MARTINEZ, Mayor Pro Tem

P. DAVID BENAVIDES

VICENTE SARMIENTO

JOSE SOLORIO

JUAN VILLEGAS

COUNCILMEMBERS Absent:

SAL TINAJERO

STAFF Present:

RAUL GODINEZ, II, City ManagerSONIA R. CARVALHO, City AttorneyMARIA D. HUIZAR, Clerk of the Council

PUBLIC COMMENTS — NONE

COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5: 16 P. M.

CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain

matters without members of the public present. The City Council finds, based on advicefrom the City Attorney, that discussion in open session of the following matters willprejudice 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 theGovernment Code:

CITY COUNCIL MINUTES 1 SEPTEMBER 18, 2018

Page 2: MINUTES OF THE REGULAR MEETING SEPTEMBER 18, 2018 …

a. Orange County Catholic Worker, et al. v. Orange County, et al., U. S. District Court (Central District of California), Case No. SA CV 18 -0155 - DOC (KESx)

b. City of Santa Ana v. County of Orange, et al., ( Cross -Complaint), U. S.

District Court (Central District of California), Case No. SA CV 18 -0155 -

DOC (KESx)

c. Tammy Franks v. City of Santa Ana, Orange County Superior Court, Case No. 15- cv-00108-JVS- DFM

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government

Code Section 54957.6( a):

Agency Negotiators: Executive Director of Human Resources,

Steven V. Pham, and Peter Brown of Liebert

Cassidy Whitmore

Employee Organizations: • Santa Ana Police Officers Association

POA)

Service Employees' International UnionSEIU) Full -Time Employees

Service Employees' International UnionSEIU) Part -Time

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)( 1) of

the Government Code:

Title: Executive Director of Finance and Management Services

CLOSED SESSION REPORT - The City Attorney will report on any action( s) to be takenat the Regular Meeting which will begin immediately following the Closed SessionMeeting.

ADJOURNED THE CLOSED SESSION MEETING AT 6: 14 P. M. AND CONVENED TOTHE REGULAR OPEN MEETING

CITY COUNCIL MINUTES 2 SEPTEMBER 18, 2018

Page 3: MINUTES OF THE REGULAR MEETING SEPTEMBER 18, 2018 …

REGULAR OPEN SESSION

CALLED TO ORDER COUNCIL CHAMBER

22 CIVIC CENTER PLAZA

SANTA ANA, CA

6: 16 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 ManagerSONIA R. CARVALHO, City AttorneyMARIA D. HUIZAR, Clerk of the Council

DAVE MITCHELL, POLICE CHAPLAIN

PROCLAMATION presented by MAYOR PULIDO naming September 17, 2018 asConstitution Day and Citizenship Day.

PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming Septemberas Hispanic Heritage Month.

CLOSED SESSION REPORT — No reportable action.

PUBLIC COMMENTS

Gabriela Gonzalez, extended an invitation for all to attend the domestic violenceawareness event.

CITY COUNCIL MINUTES 3 SEPTEMBER 18, 2018

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CONSENT CALENDAR ITEMS

MOTION: Approve staff recommendations on the following ConsentCalendar items10A through 32A with the following modifications:

Mayor Pro Tem Martinez pulled agenda items 22A, 25A, 25D, 25F, 25G, 25H,

and 251 for separate discussion; and dissented on Agenda Item 25J;

Councilmember Sarmiento pulled Agenda Item 25C for separate discussion.

MOTION: Villegas SECOND: Sarmiento

VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio,

Tinajero, Villegas ( 7)

NOES: None (0)

ABSTAIN: None (0)

ABSENT: None (0)

ADMINISTRATIVE MATTERS

MINUTES

10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 4, 2018

STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office

MOTION: Approve Minutes.

ORDINANCES/SECOND READINGIn the event a Councilmember recorded an " abstention" before consideration of the followingordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.

11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA ANA REGARDING TELECOMMUNICATIONS FACILITIES IN THEPUBLIC RIGHT-OF-WAY { STRATEGIC PLAN NO. 5, 1) - Clerk of the

Council Office

Placed on first reading at the September 4, 2018 City Council meeting andapproved by a vote of 7- 0.

Published in the Orange County Reporter on September 7, 2018.

CITY COUNCIL MINUTES 4 SEPTEMBER 18, 2018

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MOTION: Place ordinance on second reading and adopt.

ORDINANCE NO NS -2954 - AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA REPEALING AND REENACTING IN ITSENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA

MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES

IN THE PUBLIC RIGHT-OF-WAY

BOARDS / COMMISSIONS / COMMITTEES

13A. AGENDA AND MINUTES OF THE SPECIAL MEETING OF ECONOMICDEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY,

AUGUST 20, 2018 { STRATEGIC PLAN NO. 5, 1} - Clerk of the CouncilOffice

MOTION: Receive and file.

13B. APPOINT DANIEL DE LA CRUZ TO THE YOUTH COMMISSION FOR A

PARTIAL -TERM EXPIRING DECEMBER 15, 2020 AS THE WARD 1ALTERNATE REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk ofthe Council Office

MOTION: Appoint Daniel De La Cruz to the Youth Commission as an

Alternate Member representing Ward 1 ( replaces C. Fausto).

MISCELLANEOUS ADMINISTRATION

19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE

19B. EXCUSED ABSENCES — NONE

19C. RECEIVE AND FILE REPORT FROM THE LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY AND COMMUNICATIONS COUNCIL

COMMITTEE {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office

MOTION: Receive and file.

19D. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2018

STRATEGIC PLAN NO. 5, 11 - City Manager's Office

CITY COUNCIL MINUTES 5 SEPTEMBER 18, 2018

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The Strategic Plan Monthly Reports are available on the City' s website at: http:// www.santa-ana. or_q/ strategic-planning .

MOTION: Receive and file.

BUDGETARY MATTERS

APPROPRIATION ADJUSTMENTS

20A. APPROVE APPROPRIATION ADJUSTMENT RECOGNIZING

EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OFJUSTICE TO ENHANCE LAW ENFORCEMENT OPERATIONS

STRATEGIC PLAN NO. 1. 3} Police Department

MOTION: Approve appropriation adjustments. ( Requires five

affirmative votes).

1. APPROPRIATION ADJUSTMENT NO. 2018- 189 - Recognizing474,316 in the Equitable Sharing — DOJ revenue account and

appropriate same to the Equitable Sharing — DOJ expenditure accountsfor the 2017- 18 fiscal year.

2. APPROPRIATION ADJUSTMENT NO. 2019- 024 - Recognizing172,695 in the Equitable Sharing — DOJ revenue accounts and

appropriate same to the Equitable Sharing — DOJ expenditure accountsfor the 2018- 19 fiscal year.

SPECIFICATION — PURCHASE OF EQUIPMENT AND SERVICES

22A. CONTRACT AWARD FOR FIRE ALARM SYSTEMS MAINTENANCE, REPAIR, AND INSPECTIONS - SPEC. NO. 18- 063 { STRATEGIC PLAN

NO. 6, 1 C} - Finance and Management Services Agency; and Public WorksAgency

Mayor Pro Tem Martinez, requested report on outreach efforts with local

businesses to inform them of contract opportunities; request staff have

active engagement program.

MOTION: Award contracts for citywide fire alarm systems

maintenance, repair, and inspections for a three-year period expiringAugust 31, 2021, with provisions for two one-year renewals

exercisable by the City Manager, in an annual aggregate amount notto exceed $ 100, 000 subject to non -substantive changes approved bythe City Manager and City Attorney, with the following vendors:

CITY COUNCIL MINUTES 6 SEPTEMBER 18, 2018

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Vendor

Cal Building SystemsChampion Fire Systems, Inc. Majestic Fire Inc.

Omega Fire Inc.

Siemens Industry, Inc. Telnet VOIP, Inc.

VFS Fire & Security Services

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

AGREEMENTS

Location

Brea

Rancho CucamongaSherman Oaks

San Dimas

Cypress

EI Segundo

Orange

SECOND: Solorio

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

25A. APPROVE AN AGREEMENT WITH BASIC HR SERVICES FORADMINISTRATION AND TRACKING SERVICES OF EMPLOYEE LEAVES

OF ABSENCE AND A BUSINESS ASSOCIATE AGREEMENTSTRATEGIC PLAN NO. 7, 5A) — Human Resources Department,

Mayor Pro Tem Martinez, thanked Executive Director of Human Resources

Pham for creating efficient and innovative systems.

MOTION:

1. Authorize the City Manager and Clerk of the Council to execute anagreement with BASIC HR Services for an annual reoccurringamount of $ 16, 660 for Family Medical and Leave Act " FMLA" Administration and other qualified leaves under Federal and State

Law and Tracking Services of these leaves and other employeeleaves of absence, for three (3) years for the period of September

1, 2018 through August 31, 2021 and with two (2) one year renewals

of $17,500 each additional year, not to exceed $ 85, 000 over a five

5) year period. Subject to non -substantive changes approved bythe City Manager and City Attorney; and ( AGMT. No. 2018- 218).

2. Authorize the City Manager and Clerk of Council to execute abusiness associate agreement with BASIC to supplement the

CITY COUNCIL MINUTES 7 SEPTEMBER 18, 2018

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BASIC " FMLA" Administration agreement and outline each party' sprivacy rights and obligations under the BASIC agreement (AGMT. No. 2018-219).

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN

ABSENT:

SECOND: Benavides

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tina)ero, Villegas ( 7)

None (0)

None (0)

None (0)

25B. APPROVE AN AGREEMENT WITH COOPERATIVE PERSONNELSERVICES ( CPS) TO CONDUCT A COMPENSATION STUDY OFCONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA ( CASA)

JOB CLASSIFICATIONS { STRATEGIC PLAN NO. 7, 4) — Human

Resources Department

MOTION: Authorize the City Manager and Clerk of the Council toexecute an agreement with Cooperative Personnel Services (dba CPS

HR Consulting), subject to non -substantive changes approved by theCity Manager and City Attorney, to conduct a compensation study ofjob classifications in the Confidential Association of Santa Ana

CASA) bargaining unit in an amount not to exceed $24,999. 99 for theperiod of September 18, 2018 through June 30, 2019, with the option

of an extension in writing executed by the City Manager and CityAttorney (AGMT. No. 2018-220).

25C. APPROVEAN AGREEMENT WITH MERCY HOUSE LIVING CENTERS,' INC., TO OPERATE AN INTERIM HOMELESSSHELTER IN SANTA ANASTRATEGIC PLAN NOS. 1, 6; 5;4; 5, 6) - Community Development Agency'

and City Manager's Office

Councilmember Sarmiento, asked how funds used towards interimhomeless shelter will be replenished; request staff provide options on howto replenish account.

City Manager Godinez, no replenishment plan; current general guidelineson how to offset fund use; potential to use revenue generated from sale of

City owned property, and plan to return to City Council with options.

CITY COUNCIL MINUTES 8 SEPTEMBER 18, 2018

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Councilmember Sarmiento, noted that funds will be exhausted after the first

year, remaining funds have been designated in the current procurementprocess, and funds have been used to augment and work with affordablehousing developers.

Mayor Pro Tem, introduced a friendly amendment to direct staff to developoptions for City Council consideration on use of proceeds from sale of Cityowned property and/or use reserve or one-time funds to close the gap.

Councilmember Sarmiento, in support of friendly amendment. Notedaccessing funding from reserve policy would require two-thirds majorityvote.

Councilmember Solorio, in support of local Santa Ana based service

provider, service model proposed by Mercy House Living Center, andrequest provider explore a number of properties that may be used as anemergency shelter.

AMENDED MOTION:

1. Authorize the City Manager and the Clerk of the Council to executean agreement with Mercy House Living Centers, Inc., to operate aninterim Emergency Homeless Shelter in Santa Ana for a period ofone year in the amount of $ 3. 1 million commencing on theexecution date of the agreement, with the option to renew for up toone additional year exercisable by the City Manager and CityAttorney, in an amount not to exceed $6 million, including renewalperiod, and inclusive of a $ 250,000 annual contingency, subject tonon -substantive changes approved by the City Manager and CityAttorney (AGMT. No. 2018-221); and

2. Provide policy options for City Council consideration to close thefunding gap by either proceeds from the sale of City ownedproperty or declare local emergency and use reserve one-timefunds to augment the balance.

MOTION: Sarmiento

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Martinez

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

CITY COUNCIL MINUTES 9 SEPTEMBER 18, 2018

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25D.

Mayor Pro Tem Martinez, requested update on contracted parkingenforcement services.

Councilmember Benavides, echoed comments made by Mayor Pro TemMartinez. Commented that parking enforcement agents are representativesof the City, overzealous parking enforcement in Downtown area, andconsequence of negative experience by visitors.

Councilmember Solorio, requested data on a regular basis; also, supportslocal hire and public outreach.

MOTION; Authorize the City Manager and the Clerk of the Council toexecute an amendment to the existing agreement with Serco, Inc. forparking enforcement services, revising language related to insurancerequirements, prevailing wage, local employment opportunities, andother changes related to scope of services, subject to non -substantive

changes approved by the City Manager and City Attorney (AGMT. No. 2018-222).

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN

ABSENT:

SECOND: Villegas

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

25E. APPROVE AN AGREEMENT WITH DUDEK FOR CONSULTING WATERENGINEERING SERVICES FOR CENTENNIAL LAKE RENOVATIONPROJECT NO. 18-2681) { STRATEGIC PLAN NO. 6, 1 G} — Public Works

Agency; and Parks, Recreation and Community Services Agency

MOTION: Authorize the City Manager and Clerk of the Council toexecute an agreement with Dudek for a two-year term beginningSeptember 18, 2018, and expiring on September 17, 2020, with twoone-year renewal options exercisable by the City Manager and the CityAttorney, to provide consulting water engineering design services for

CITY COUNCIL MINUTES 10 SEPTEMBER 18, 2018

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Centennial Lake Renovation, in the total amount not to exceed

217,726, which includes a five percent contingency in the amount of10,368, subject to non -substantive changes approved by the City

Manager and City Attorney (AGMT. No. 2018-223).

25F. APPROVE AN AGREEMENT WITH TETRA TECH FOR LINCOLNAVENUE PEDESTRIAN PATHWAY DESIGN CONSULTING SERVICESPROJECT NO. 17-6802) { STRATEGIC PLAN NOS. 6, 113; 1C; 1G} -

Public Works Agency

Mayor Pro Tem Martinez, highlighted Lincoln Avenue pedestrian pathwayproject. Noted grant funding process may take up to two years; and thankedstaff for implementation of pedestrian pathway with use of State grants, allowing opportunities for pedestrians to walk in a safe manner.

MOTION: Authorize the City Manager and Clerk of the Council toexecute an agreement with Tetra Tech for a three-year term beginningSeptember 18, 2018, and expiring on September 17, 2021, with twoone-year renewal options exercisable by the City Manager and the CityAttorney, to provide design consulting services for the LincolnAvenue Pedestrian Pathway Connectivity project, in the total amountnot to exceed $149, 786, subject to non -substantive changes approved

by the City Manager and City Attorney (AGMT. No. 2018-224).

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Villegas

Benavides, Martinez,

Tinajero, Villegas ( 6)

None (0)

None (0)

Pulido ( 1)

Sarmiento, Solorio,

25G. APPROVE AN AGREEMENT WITH WESTBOUND COMMUNICATIONSINC. FOR ' READY OC" EMERGENCY PREPAREDNESS AND " IF YOUSEE SOMETHING, SAY SOMETHING TM" PUBLIC AWARENESS

CAMPAIGNS {STRATEGIC PLAN NO. 1 and 6} — Police Department

Mayor Pro Tem Martinez, directed staff to ensure public awarenesscampaigns have the right message and are translated to appropriate

languages. Asked if program will be in conjunction with the City of Anaheimand how message will be developed with consultant.

CITY COUNCIL MINUTES 11 SEPTEMBER 18, 2018

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Police Chief David Valentin, noted public awareness campaign will use a

universal messaging platform that all contributing agencies access.

MOTION: Authorize the City Manager and Clerk of the Council toexecute the attached agreement with Westbound Communications, Inc. for the period of September 18, 2018 through June 30, 2019, withtwo one-year options for renewal, to continue the Ready OCEmergency Preparedness Campaign and the " If You See Something, Say SomethingT""' Public Awareness Campaign, for a total three-yearamount not to exceed $1, 335,000, subject to non -substantive changes

approved by the City Manager and City Attorney ( AGMT. No. 2018- 225).

MOTION: Martinez SECOND: Villegas

VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio,

Tinajero, Villegas ( 6)

NOES: None (0)

ABSTAIN: None (0)

ABSENT: Pulido( 1)

25H. APPROVE AN AMENDMENT TO AGREEMENT WITH OCEAN BLUEENVIRONMENTAL SERVICES, INC. FOR SPILL RESPONSE ANDSTORM DRAIN FACILITY CLEANING { STRATEGIC PLAN NO. 6, 1C} — Public Works Agency and Police Department

Mayor Pro Tem Martinez, inquired as to notable increase to sewer andsanitation budget and requested clarification from staff.

Police Chief Valentin, noted jail facility deferred maintenance costs andsignificant increase to jail population contributed to budget increase.

Police Administrative Manager Robert Carroll, added that increased budgetwould allow proper cleanup of bio -hazard material.

MOTION: Authorize the City Manager and the Clerk of the Council toexecute an amendment to agreement with Ocean Blue EnvironmentalServices, Inc., to increase the annual expenditure amount from

250, 000 per year to $ 280,000 per year, subject to non -substantive

changes approved by the City Manager and City Attorney, increasingthe two-year agreement amount from $ 500, 000 to $ 560, 000, for the

CITY COUNCIL MINUTES 12 SEPTEMBER 18, 2018

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period of June 20, 2017, through June 19, 2019, and the total

agreement amount, including two one-year extensions exercisable bythe City Manager and City Attorney, to $ 1, 120, 000 ( AGMT. No. 2018- 226).

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Solorio

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

251. AWARD OF LEGAL SERVICES AGREEMENT WITH BEST, BEST & KRIEGER, LLP, RELATED TO LEGAL ANALYSIS OF PAYROLLPRACTICES, CALIPERS REPORTING, AND FAIR LABOR STANDARDS

ACT COMPLIANCE { STRATEGIC PLAN NO. 1, 3, 4) — City Attorney'sOffice and Human Resources Department

Mayor Pro Tem Martinez, thanked Executive Director of Human Resources

Pham for implementing payroll best practices that is efficient and ensurecompliance.

MOTION Authorize the City Manager and Clerk of the Council toexecute a legal services agreement with Best, Best & Krieger, LLP,

Firm") in an amount not to exceed $200,000 related to legal analysis

of Payroll Practices including employee compensation, CaIPERSReporting, and Fair Labor Standards Act compliance startingSeptember 18, 2018 and ending on December 31, 2019 subject to non - substantive changes approved by the City Manager and the CityAttorney' s Office. Agreement may be extended for up to one ( 1) yearexercisable by the City Manager and Senior Assistant or Assistant CityAttorney (AGMT. No. 2018-227).

MOTION: Martinez

VOTE: AYES:

NOES:

CITY COUNCIL MINUTES

SECOND: Benavides

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

13 SEPTEMBER 18, 2018

Page 14: MINUTES OF THE REGULAR MEETING SEPTEMBER 18, 2018 …

ABSTAIN: None (0)

ABSENT: None (0)

25J. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY

ACQUISITIONS& 124, 128 AND 230 EAST WARNER AVENUE FOR THEWARNER AVENUE IMPROVEMENTS, PHASE1 ( 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 toexecute Purchase Agreements for the real property full and partialacquisitions, and goodwill ( if any), with the property owners listedbelow, subject to non -substantive changes approved by the CityManager and City Attorney:

No. Property PropertyOwner commonly Acquisition

AmountAgmt

known as / Type No.

location

124 E.

1Francisco Warner Ave.

Full 395, 000 2018-228Quiroz APN 016-

031- 37)

Francisco128 E.

2. GutierrezWarner Ave.

Full 455, 000 2018-229

QuirozAPN 016-

031- 32)

Oscar230 E.

3.

Alonzo,

NormaWarner Ave.

Partial 12,050 2018-230

CortezAPN 016-

Mendoza031- 40)

MOTION: Villegas

VOTE: AYES:

NOES:

ABSTAIN

ABSENT:

SECOND: Solorio

Benavides, Pulido,

Tinajero, Villegas ( 6)

Martinez ( 1)

None (0)

None ( 0)

Sarmiento, Solorio,

CITY COUNCIL MINUTES 14 SEPTEMBER 18, 2018

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MISCELLANEOUS - BUDGET

29A. APPROVE DONATION AGREEMENTS WITH VARIOUS

ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND

PROGRAMS {STRATEGIC PLAN NO. 5, 4) — City Council

MOTION: Authorize the City Manager and Clerk of the Council toexecute agreements with various organizations in support of their

community events and programs, subject to nonsubstantive changesapproved by the City Manager and the City Attorney, as follows:

a. Heritage Museum of Orange County in support of the Sugar SkullWorkshop in celebration of Dia de los Muertos and Ghosts of OCTrick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $ 500 ( CouncilmemberSolorio);

b. Heritage Museum of Orange County in support of the Sugar SkullWorkshop in celebration of Dia de los Muertos and Ghosts of OCTrick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $ 500 ( CouncilmemberBenavides);

c. Heritage Museum of Orange County in support of the Sugar SkullWorkshop in celebration of Dia de los Muertos and Ghosts of OCTrick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $ 500 ( Councilmember

Tinajero);

d. Charitable Ventures of Orange County in support of WillardNeighborhood' s Task Force' s project to install street topper

signage to promote the " Love Where You Live" campaign, event

scheduled to launch September 13, 2018, in a one-time donationamount of $1, 500 ( Councilmember Villegas).

LAND USE MATTERS

TENTATIVE PARCEL/TRACT MAPS

32A. APPROVING TENTATIVE TRACT MAP NO. 2018- 03 TO SUBDIVIDE AN

EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THECONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED

CITY COUNCIL MINUTES 15 SEPTEMBER 18, 2018

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AT 1102 NORTH KING STREET — AN HA, APPLICANT { STRATEGIC

PLAN NO. 3, 2) — Planning and Building Agency

Planning Commission approved recommended action on August 13, 2018by a vote of 7- 0.

MOTION: Receive and file the staff report approving Tentative TractMap No. 2018-03 as conditioned.

END OF CONSENT CALENDAR**

CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO DANIELDE LA CRUZ, YOUTH COMMISSIONER

BUSINESS CALENDAR

RESOLUTIONS

55A. ADOPT REIMBURSEMENT AND PLEDGED REVENUE AND FUNDSRESOLUTIONS FOR CLEAN WATER AND SAFE DRINKING WATER

STATE REVOLVING FUND CAPITAL IMPROVEMENT PROJECTSNONGENERAL FUND] { STRATEGIC PLAN NO. 6, 1G} — Public Works

Agency

MOTION. Adopt resolutions.

1. RESOLUTION NO. 2018- 066 - A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUESAND FUNDS FOR THE REPAYMENT OF FINANCING FROM THESTATE WATER RESOURCES CONTROL BOARD FOR THESEGERSTROM ( SAN LORENZO) SEWER LIFT STATION PROJECT

2. RESOLUTION NO. 2018- 067 - A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THEREIMBURSEMENT OF FUNDING FOR THE SEGERSTROM ( SAN

LORENZO) SEWER LIFT STATION PROJECT FROM THE STATEWATER RESOURCES CONTROL BOARD

3. RESOLUTION NO. 2018- 068 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUESAND FUNDS FOR THE REPAYMENT OF FINANCING FROM THESTATE WATER RESOURCES CONTROL BOARD FOR THE SEWERCOLLECTION SYSTEM IMPROVEMENTS PROJECT

CITY COUNCIL MINUTES 16 SEPTEMBER 18, 2018

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4. RESOLUTION NO. 2018-069 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE

REIMBURSEMENT OF FUNDING FOR THE SEWER COLLECTIONSYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATERRESOURCES CONTROL BOARD

5. RESOLUTION NO. 2018- 070 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUESAND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE

STATE WATER RESOURCES CONTROL BOARD FOR THEAUTOMATED METER INFRASTRUCTURE PROJECT

6. RESOLUTION NO. 2018-071 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THEREIMBURSEMENT OF FUNDING FOR THE AUTOMATED METERINFRASTRUCTURE PROJECT FROM THE STATE WATER

RESOURCES CONTROL BOARD

7. RESOLUTION NO. 2018- 072 - A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES

AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THESTATE WATER RESOURCES CONTROL BOARD FOR THE WATERDISTRIBUTION SYSTEM IMPROVEMENTS PROJECT

8. RESOLUTION NO. 2018- 073 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THEREIMBURSEMENT OF FUNDING FOR THE WATER DISTRIBUTION

SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATERRESOURCES CONTROL BOARD

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Solorio

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

55B. ADOPT RESOLUTION AMENDING THE LIST OF DESIGNATED

CLASSIFICATIONS REQUIRED TO FILE ANNUAL STATEMENT OFECONOMIC INTERESTS DISCLOSURE FORM AND REQUIRED

CITY COUNCIL MINUTES 17 SEPTEMBER 18, 2018

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BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY

STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office

MOTION: Adopt a resolution.

RESOLUTION NO. 2018-074 - A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA ANA AMENDING THE CONFLICT OFINTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN

ABSENT:

PUBLIC HEARINGS

SECOND: Villegas

Benavides, Martinez, Pulido, Sarmiento,

Solorio, Tinajero, Villegas ( 7)

None (0)

None (0)

None (0)

75A. PUBLIC HEARING: HOLD SECOND HEARING REGARDING THEPROPOSED WARD RE -BOUNDARIES { STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office

Legal notice published in the Orange County Register on August 24 and 26, 2018; La Opinion on August 28 and 31, 2018; Nguoi Viet on August 27 and

31, 2018; Chinese Daily on August 29 and 31, 2018; and Korea Times onAugust 28 and 31, 2018.

Presentation by consultant, Paul Mitchell with Redistricting Partners.

c,,, xcDismicnxs00HRTXEAS

Traditional Redistricting PrinciplesShould be followed by City of Santa An.,

There are a number of criteria that have been used

nationally and upheld by courts.

Relatively equal size - people, not citizensContiguous— districts should not hop/ jumpMaintain " communities of interest" Follow city/county/ local government lines

Keep districts compact—appearance/ Function

CITY COUNCIL MINUTES 18 SEPTEMBER 18, 2018

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y ; REDISTRICTING9•Pr PARNERS

Traditional Redistricting Principlesbond be tuliowed by Local Agencres

There area number of criteria that have been used

nationally and upheld by courts.

Relatively equal size- people, not citizensContiguous— districts should not hop/ jumpMaintain " communities ofinterest"

Follow city/ county/ local government lines

Keep districts compact — appearance/ function

00 REDISTRICTING450 PARTNERS

Traditional Redistricting PrinciplesJ, 11 r. l ov. ed by Lo._al ASenues

The " equal size" for the purposes of redistricting comesfrom the 2010 Census population.

2010 Population: 324, 585

Median District Size: 54, 098

5% Deviation Largest: 55, 450

Smallest: 52, 745

Gig REDISTRICTING ..,..._. WO PARTNERS

Traditional Redistricting PrinciplesShould be followed by Local Agencres

There are a number of criteria that have been used

nationally and upheld by courts.

Relatively equal size - people, not citizens

Contiguous— districts should not hop/ jumpMaintain " communities of interest" Follow city/ county/ local government lines

Keep districts compact—appearance/ function

CITY COUNCIL MINUTES 19 SEPTEMBER 18, 2018

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MONiOW'" E

Traditional Redistricting PrinciplesShould be followed by Local Agencies

There are a number of criteria that have been used

nationally and upheld by courts.

Relatively equal size- people, not citizens

Contiguous— districts should not hop/ jumpMaintain "communitiesofInterest"

Follow city/county/ local government linesKeep districts compact—appearance/ function

Communities of Interest

Bringing like people together for representation

What is a communityof interest includes ethnic and

language minorities and other groups.

Communities covered by the Voting Rights Act

Latinos

Asians

African Americans

Religious communities

Other Nationality/ Ethnic communities

611RIS[INS610NY MP, 1kTMENERS

City of Santa AnaLatino and Asian Communities

There are densities of Latino and Asian population that

will need to be considered in line drawing process.

For ethnic populations we are concerned with the " Citizen Voting

Age Population" ( CVAP) as calculated by the US Census in annuallythrough the American Community Survey.

Base ethnicity of the district shows V %Asian and 60% LatinoCVAP. However,thesepopulationsarenotevenlydistributed-

there are strong concentrations of each In parts of the district.

CITY COUNCIL MINUTES 20 SEPTEMBER 18, 2018

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YSNFMMTRI M6040 PMINM

City of Santa AnaLatino and Asian Communities

CITY COUNCIL MINUTES 21 SEPTEMBER 18, 2018

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Gi , REDISTRICTING00 PARTNERS -

Communities of Interest

Bringing Tike people together for represen ration

Other communities, generally known as " communitiesof interest" can be determined by the councilor thepublic, Some examples are:

People living near an industryagricultural, aerospace, downtown)

Senior Citizen communities

Coastal/ River access communities

Environmental Interests

Homeowners or Renters

CITY COUNCIL MINUTES 22 SEPTEMBER 18, 2018

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ee RTP lasoommn

Traditional Redistricting PrinciplesSbauld be follcnved by Loc, :, , - _

There area number of criteria that have been used

nationally and upheld by courts.

Relatively equal size - people, not citizens

Contiguous — districts should not hop/ jumpMaintain "communities of interest"

Follow city/ county/ local government linesKeep districts compact— appearance/ function

Q',,1 REDISTRICTINGPRO PARTNERS

Traditional Redistricting Principles

There area number of criteria that have been used

nationally and upheld by courts.

Relatively equal size - people, not citizens

Contiguous— districts should not hop/ jumpMaintain " communities of interest" Follow city/ county/ local government linesKeep districts compact — appearance/ function

01% REDISTRICTING - 00 PARTNERS -- - - --

City ofC., 4-,

Current Dis

CITY COUNCIL MINUTES 23 SEPTEMBER 18, 2018

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So REWRICTIR600 iARfRGK

City Of Santa OnaNeighborhoo

PODu4tion CVRD CVAP Utuw CYADASIan

Artesia Pilar 13, 260 5, 182 4, 112 82% 1 410 9%

Bella VhU 3,835 908 115 19%

Bnflol Memor DO4Mi40 339D 1291 105 54%

Derst" Val..." 2616 1, 005 880 88%

Gsa Mich. 1, 217 211 in M

CaraDeSanlis o 109 SW 113 32% 1— Carter Evergreen Co op 1, 186 369 365 99%

Centennial Park 5, 023 1, 980 1, 465 14%

CentalCity 6221 2115 I, 250 83%

Contorrt 151 435 in 43% 145 33%

Cwnemm e V'dlage 5, 853 940 110 82% 140 15%

pelt------ 1, 885 633 14% N6 4% I

Downtown 2, a86 14 6% 194 24%

13, 026 963 89% 193 6%

k 1, 694 15 4]% 210 2a%

Square 358

T795" 4

60 51% 4 1%

FZhinten 2 399 55 10% 65 5%

Futter Park 619 3 51% 22 6%

Floral Dark 1, 163 0 19%

BIFbvrerPark 6, 261 m 52% 235 e% _

Frea6 Coun 4, 691 199 620 18% 9 1%

so RAREORICEIN600 PARTNERS

City Of Canta Anascho' i )" A[

CITY COUNCIL MINUTES 24 SEPTEMBER 18, 2018

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i REDISTRICTING - 00 PARTNERS - -

City of Santa Ana

ilg REDISTRICTING00 PARTNERS

City of Santa Ana

t

I

Current Unet 1 2 3 4 5 6

Population 53,095 54,480 54,772 54,194 53.563 53,881

Dineolion 11, 0031 382 614 696 5351 121112% 1% 1% 1% 1% 0%

18. CilomJCVAP) 22.613 16.410 30,800 24,668 20,426 25,502

43% 30% 56% 45% 38% 41%

lalloo CVAP 14,944 13, 103 13.853 14,606 14,113 12, 843

66% 30% 45% 59% 12% 50%

WAIIe CVAP 4,143 1, 941 9,260 5, 348 2, 548 3, 551

21% 12% Sox 22% 32% 14%

Atrkan AonerNan CVAP 485 148 316 613 428 568

2% 1% 1% 2% 3% 2%

Asian CVAP 2. 181 1, 003 6.891 3. 6% 2, 525 8,068

Im 6% 22% 15% 12% 32%

CITY COUNCIL MINUTES 25 SEPTEMBER 18, 2018

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REDISTRWINRa>'& i PARTNERS

City of Santa Ana

PIA%A A 8 c D P P

Population 54.539 54, 399 53,751 53.680 54,038 54. 176

Devotion 441 301 ( W) ( 418) 160) 78

I% 1% - 1% . 1% 0% m

18. Ci61eo5( CVAPI 27,031 20.808 27, 179 25.585 17,295 22,526

SO% 38% 51% 48% 32% 42%

Latino CVAP 11,893 15. 3W 13, 168 14,900 14,170 14,636

a4% 74% a9x sax 82x u%

Wrote CVAP 2. 915 2, 345 10,335 5, 373 1, 807 4,622

11% 11x 38% 21% 10% 21%

Akio. Am m. CVAP 263 d4d 394 748 93 616

1% 2% 1% 3% 1% 3%

Asian CVAP 11.494 2, 525 2, 776 4, 267 995 2. 317

43% 121% IDM 1746 6% IOM

CITY COUNCIL MINUTES 26 SEPTEMBER 18, 2018

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REDISTRICTINGe5 PARTNERS

City of Santa Ana

PIAN6 A 6 c D E P

PoNIW.q 53.661 497 54367 5317" 54,269 53.792

Dm 04 12141 399 269 3041 171 13061ON I% OA 1% O% 1%

16, C44ens ICVAPI 21. 160 24316 26,164 225" 22235 IS,360

25 d6% 48% el% 41% 29%

Ul.. MP 11. 212 IS,234 17A14 15467 11433 12.40740% 56% 68% 68+4 54% 61%

WhiteN O 3. 116 5, 529 5. 061 4, 200 7, 637 1. 746

12% 11% 19% l9% ll%

AI441n Amer64n MP 269 SI S06 393 44S 162

I% 3% 2% Af 2% 1%

ASwn CVAP 12, 462 4.466 2,407 2. 163 1938 898

45% 17% 9A IN 9% 09

CITY COUNCIL MINUTES 27 SEPTEMBER 18, 2018

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00 REDISTRICTING00 NRTNERS

City of Santa Ana

WAN[ A 8 C D 8 P

POpula% iA 3, 852 53, 158 55, 083 54, 848 53, 494 56, 148DcHation 266) 940) 985 750 604) 50

ON

rWl

2%

asar

AN ON

I$. Cnuen+ ICVAP) 29, 015 23568 20, 253 22, 779 27, 823 16, 981

54% 44% 37% 42% 52% 31%

Latino CVAP 11, 277 15,473

WAN[ A 8 C D 8 P

POpula% iA 3, 852 53, 158 55, 083 54, 848 53, 494 56, 148DcHation 266) 940) 985 750 604) 50

ON 2% 2% 19 AN ON

I$. Cnuen+ ICVAP) 29, 015 23568 20, 253 22, 779 27, 823 16, 981

54% 44% 37% 42% 52% 31%

Latino CVAP 11,277 15,473 14, 663 16,220 13,426 13,029

39% 66% 72% 71% I8% 77%

White CVAP 6,012 4, 101 2, 502 4, 161 10,533 2,077

14% 17% 12% 18% 38% 12%

Afiun Amerlon CVAP 283 712 487 330 423 313

1% 3% 2% 1% 2% 2%

Asian CVAP 12,846 3, 057 3, 450 1, 706 2, 905 1, 410

44% 13% 12% 7% 10% 8%

CITY COUNCIL MINUTES 28 SEPTEMBER 18, 2018

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00 REDISTRICTING00 PARTNERS

City of Santa AnaPI3n o

r•,

PU%0 A e c 0 E E

PAP W1 53,SI5 51.1% 52, 144 56,106 54Affi 55,401

OeWa" n 15831 1, 103) 1, 354) 2, 006 321 1. 309

IY('Wlen1(( VAP) 16,411 1113W 14.018 24616 25.658 23,3214936 43% 2M 51% 41% 42%

Whow( AP 10.81) 14,112 10,901 15.169 16,595 15,181

41% 66% 18% 55% 65% 65%

Whde CVAP 3,(158 4,651 1, 199 9.696 5, 332 21861

I2% 21% 139 N% 21% 12%

AW. n Ameli<an CVAP 193 459 193 444 4M 660

1% 1% 1% 2% 2% 4%

Alun CVAP 11. 116 1, 181 964 1, 394 1, 964 4, 134

4196 0% 8% 12% 18%

CITY COUNCIL MINUTES 29 SEPTEMBER 18, 2018

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Mayor Pulido opened the Hearing. The following spoke on the matter

Saira Rybi Velazquez, opined need to improve democracy and to

respect the rights of the voters and the community. Expressed supportfor plan D.

Council discussion ensued.

Councilmember Solorio, noted workshop attendance at Delhi CommunityCenter. Expressed need to respect neighborhood association lines,

community north of 17th Street should remain intact, and inclusion ofbroader Asian communities.

Councilmember Benavides, noted neighborhood associations' concerns as

to being divided and directed staff to provide community comment outliningconcerns. Requested timeline and process to produce final map plan, consideration of creating a ward that uses the riverbed as a naturalboundary, and expressed concern over upcoming deadlines and lack ofmap variations.

Paul Mitchell, City consultant, indicated final map plan must be made publicfor two meetings starting with the October 30th City Council Meeting withfinal map approval on November 23rd. Final map plan will be chosen byCity Council with input from community groups.

Mayor Pro Tem Martinez, requested confirmation of next public hearing.

Asked if map plan submitted for council consideration will be reviewed byCity Attorney and Clerk of the Council to ensure legal and ethicalcompliance.

Clerk of the Council Huizar, noted next public hearing set for October 16, an adjourned regular meeting on October 30th to allow first reading ofordinance requiring adoption of final map plan City Council.

City Attorney Carvalho, indicated city will rely on outside special counselwho is an expert in the California Voters Rights Act. Noted special counselis and has been working with consultant to ensure legal compliance.

Mayor Pro Tem Martinez, inquired if map plans submitted to council forconsideration will include staff recommendations, provide options, and

include consultant recommendations.

Paul Mitchell, City consultant, indicated map plans submitted to council forconsideration will be in compliance with the law but will not includeconsultant recommendation.

CITY COUNCIL MINUTES 30 SEPTEMBER 18, 2018

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Mayor Pro Tem Martinez, expressed

participation, map re -boundary processprocess has been inappropriate.

concern over lack of communitywill have major implications, and

Councilmember Villegas, echoed statements made by Mayor Pro TemMartinez. Expressed concern over the map re -boundary process and actiontaken before the November election and upcoming census.

Councilmember Tinajero, requested confirmation of any communicationbetween councilmembers and consultant. Noted process is very political, consultant has provided reports, reliance of data provided by consultant tomake the best possible decision.

Paul Mitchell, City consultant, indicated there has been no contact withcouncilmembers.

Mayor Pulido closed the second Public Hearing that explained the re - boundary process, reviewed the criteria used to modify Wardboundaries, and allowed residents to submit their ideas for potentialcommunities of interest" to consider in the new boundaries.

75B. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORTNO. 2018- 15 ( SCH NO. 2006031041), GENERAL PLAN AMENDMENT

NO. 2018- 03, AMENDMENT APPLICATION NO. 2018-06, AND ZONINGORDINANCE AMENDMENT NO. 2018- 03 TO EXPAND AND AMEND THEMETRO EAST MIXED USE ( MEMU) OVERLAY ZONE - CITY OF SANTA

ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4} - Planning andBuilding Agency

Legal Notice published in the Orange County Reporter on August 10, 2018and notices mailed on August 9, 2018.

Planning Commission approved recommended action on July 23, 2018 bya vote of 4-0 ( Alderete, Contreras -Leo and Verino absent).

Continued from the August 21, 2018

Sarmiento absent) and September 4

of 6- 0 ( Benavides absent).

Mayor Pulido opened the Hearing.

City Council meeting by a vote of 6- 02018 City Council meeting by a vote

Director of Planning Building Agency Minh Thai provided a brief summaryof recommended actions.

CITY COUNCIL MINUTES 31 SEPTEMBER 18, 2018

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EDIBT provided high- level feedback for

strategic refinements. including:

Developing land use policies, standards, andobjectives to create a destination -orientedmixed-use environment

Producing high- quality projects to activate thearea and be a catalyst for future developments

Completing a comprehensive economic andfiscal analysis to evaluate allowing additionalmixed- use development and understandinglong- term impacts

Potentially reevaluating existing caps on netnew) development in the MEMU.

The following spoke on the matter:

Howard D. Hall, expressed concern over blight in community and delayin building facility.

Cathi Decker, Friends of Santa Ana Zoo Executive Director, addressed

City Council to request changing street name to Zoo Drive andsupportive of any improvements that compliments the Zoo.

Desi Reyes, opined narrow window of opportunity to develop FirstStreet, area is blighted, and lack of development in area.

Mayor Pulido closed the Hearing and Council discussion ensued.

Councilmember Villegas motioned to approve recommended action one

Councilmember Sarmiento, supportive of developing area, need to ensureinclusion of housing for Santa Ana residents, and development of multi- family homes. Noted continued effort to develop area, proposed projectdeparts from current housing policy, and need to address housing goals.

Mayor Pro Tem Martinez, expressed concerned as to development project

tied to an overlay expansion. Asked who gave authority to allow developerto pay for Environmental Impact Report, ( EIR).

City Attorney Carvalho, indicated planning department presented to CityCouncil with qualified EIR consultants, staff chooses consultant from list,

but is unable to identify staff memberwho authorized payment. Noted abilityto investigate matter with approval from City Manager.

CITY COUNCIL MINUTES 32 SEPTEMBER 18, 2018

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Mayor Pro Tem Martinez, indicated item is major policy decision that willhave future implications. Unsupportive of item.

Councilmember Solorio, noted community concern over blight and crime, benefit to city zoo, need for a variety of housing and economic development. Express support for item.

Councilmember Benavides, expressed support to invest in economic

development, to enhance and provide clarity in developing corridor, andpriority to find a balance between housing and commercial needs.

Councilmember Tinajero, noted item will increase yearly property taxrevenue by $ 1. 4 million for the city and up to $ 2 million onetime fees to theschool district. Echoed statements made by Councilmember Sarmiento. Opined City is facing a severe housing shortage and opportunity to enhancearea. Expressed support for item.

Councilmember Sarmiento, concerned over delay of pending projects inoverlay zone, staff instructions to applicant to delay project in order toinclude it with overlay zone, and staff instruction to pay for EIR of entireoverlay zone. Noted payment by applicant will result in council losingdiscretionary rights as a legislative body, Mayor Pulido attendance at sub- committee, and potential violation of the Brown Act. Opined responses byCity Manager, City Attorney, and staff do not meet expected standards, staffshould know the legislative history and perform research before bringingitem to council.

Councilmember Solorio, noted City Manager Godinez and Director Thairecently joined the City of Santa Ana and it is inappropriate to place theaccountability on them. Opined key documents were provided to counciland responsibility lies with city council.

Mayor Pro Tem Martinez, noted EDIBT meeting attendance by MayorPulido is a violation of the Brown Act, project imbedded in overlay zoneappears to be quid pro quo, and intention to notify Attorney General forinvestigative purposes.

Mayor Pulido, indicated former Director Hassan suggested a combined

effort and sharing in the obligation, EIR will stand up to any challenge, andproject will be a net benefit to the city. Expressed support for item.

Councilmember Benavides, express concern in discussing project alongwith zoning. Noted applicants concern in area primarily consisting ofhousing and applicant's willingness to revisit project to enhance commercialaspect. Asked staff if approval of MEMU would preclude staff from further

refining language.

CITY COUNCIL MINUTES 33 SEPTEMBER 18, 2018

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Director Thai, confirmed applicant' s willingness to revisit project to address

residential and commercial mix. Opined MEMU language inspires a

creation of an urban development that allows commercial and residential

for the community to live, work and shop. Noted ability to work withdevelopers to help implement vision upon approval of item.

MOTION: Approve the Metro East Mixed Use ( MEMO) Overlay Zoneamendments and expansion project as originally proposed as follow:

1. Adopt a resolution.

RESOLUTION NO. 2018- 075 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINALSUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018- 15

SCH NO. 2006031041) AND THE MITIGATION MONITORING AND

REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT;

ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018- 03 FOR

THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE

EXPANSION AND AMENDMENTS PROJECT AND THE ELANDEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET

2. Place ordinance on first reading and authorize publication of title.

ORDINANCE NO. NS -2955 - AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING AMENDMENTAPPLICATION NO. 2018- 06 REZONING VARIOUS PROPERTIES

LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING

ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METROEAST MIXED USE OVERLAY ZONE ( OZ -1)

MOTION: Villegas SECOND: Tinajero

VOTE: AYES: Pulido, Solorio, Tinajero, Villegas ( 4)

NOES: Benavides, Martinez, Sarmiento (3)

ABSTAIN: None (0)

ABSENT: None (0)

Councilmember Benavides left the meeting at 8:26 p. m, and did not return.

75C. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATIONSFOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT

CITY COUNCIL MINUTES 34 SEPTEMBER 18, 2018

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1301 AND 1305 WEST 12TH STREET ( APN 004- 131- 34, 19) ( NON -

GENERAL FUND) { STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works

Agency

Legal Notice published in the Orange County Reporter on August 10, 2018.

Continued from the August 21, 2018 City Council meeting by a vote of 6- 0Sarmiento absent) and September 4, 2018 City Council meeting by a vote

of 6- 0 ( Benavides absent).

Mayor Pulido opened the Hearing. The following spoke on the matter:

Rick Marshall, expressed support for item.

Karen Rodriguez, opposed to sale of any city own property without

transparency and community input. Opined need to sit with communitymembers and consider their needs.

Mayor Pulido closed the Hearing and Council discussion ensued.

Councilmember Solorio, supportive of item and of transparent process.

Opined need to develop policy addressing the sale of city owned property. Expressed concern of city arranging with a property owner to purchase anadjacent lot when there are several lots with similar considerations. Moved

to proceed with process and directed staff to reach out to community andinform them of opportunity to purchase city owned property. Inquired if thesale of property will be in legal compliance. Asked staff if city has the legalauthority to sell this specific parcel.

City Attorney Carvalho, noted sale of parcel is allowed pursuant to MunicipalCode 2- 709, which allows for the exception for sale of this parcel with two-

thirds vote of the City Council.

Mayor Pro Tem Martinez, unsupportive of item. Expressed need to pursue

item in a responsible manner, to place all city owned property on the taxrolls in a deliberate and transparent process. Unable to support the sale of

any city owned property unless a process and policy is implemented.

Councilmember Sarmiento, expressed concern of procedural sale of publicland. Opined no one is opposed to the sale of the two parcels, need to

ensure community use, and possibility of having community memberincluded in process.

City Attorney Carvalho, indicated potential conflict if a member of acommittee or commission has an economic interest.

CITY COUNCIL MINUTES 35 SEPTEMBER 18, 2018

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Councilmember Sarmiento, inquired what would be the argument against

having a community member sit on a committee.

City Manager Godinez, indicated it would be highly unusual to have such apolicy, currently there is no committee that provides recommendation on thedisposal of property, and departments manage their own properties. Provided council with staff recommendation to create a committee made upof staff from different departments that would be open to the public andallow for public input.

Councilmember Sarmiento, supportive of having community member sit oncommittee.

Councilmember Tinajero, supportive of having community member sit oncommittee.

Councilmember Solorio, expressed support of having public oversight, public participation, and variety of opinions.

Mayor Pro Tem Martinez, introduced friendly motion to continue item anddirect staff to provide council with policy, process and options of creatingcommittee with community members.

MOTION: Direct staff to provide options for consideration as to howto include residents in committees to review and recommend disposal

of City owned property and agendize for the October 4, 2018 CityCouncil Meeting.

MOTION: Martinez SECOND: Tinajero

VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6)

NOES: None ( 0)

ABSTAIN: None (0)

ABSENT: Benavides( 1)

75D. PUBLIC HEARING: CONSOLIDATED ANNUAL PERFORMANCE ANDEVALUATION REPORT { STRATEGIC PLAN NO 4, 1} — CommunityDevelopment Agency

Legal Notice published in The Register on September 1, 2018.

CITY COUNCIL MINUTES 36 SEPTEMBER 18, 2018

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Community Redevelopment and Housing Commission approved

recommended action on August 22, 2018 by a vote of 5- 0 ( Cann, Santanaand Urzua absent).

MOTION. Continue consideration of matter for two weeks to the

October 4, 2018 City Council meeting.

MOTION: Martinez

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Sarmiento

Martinez, Pulido, Sarmiento, Solorio, Tinajero,

Villegas (6)

None (0)

None (0)

Benavides ( 1)

COUNCIL AGENDA ITEMS

Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the CityCouncil Agenda to be considered by the City Council.

85A. DISCUSS AND PROVIDE SUPPORT FOR SANTA ANA UNIFIEDSCHOOL DISTRICT'S EFFORTS TO ADDRESS ALLEGED RACISTBEHAVIOR AT THE ALISO NIGUEL V. SANTA ANA HIGH SCHOOLFOOTBALL GAME - COUNCILMEMBERS SARMIENTO AND TINAJERO

Councilmember Sarmiento, expressed support for future joint effort

between City and Santa Ana Unified School District to address incidentsand allow for a teaching moment.

Councilmember Tinajero, noted a handful individuals created issue and not

all community members of Aliso Viejo feel the same way. Concerned overcomments made by the wife of the mayor of the City of Aliso Viejo againstthe principle of Santa Ana High School. Importance of having bothsuperintendents who quickly communicated with each other to ensure thisis a teaching moment.

Valerie Amezcua, President of the Board of Education, addressed CityCouncil to convey goal of making this a teaching moment, need to bringdistricts together to start the healing process. Thanked City Council forsupporting item.

Stefanie Phillips, Superintendent of Santa Ana Unified School District,

noted overwhelming support from districts and council. Opined opportunity

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to create a positive conversation and address racist behavior to ensure allstudents are treated with respect and dignity.

Mayor Pro Tem Martinez left the meeting at 8: 50 p. m. and did not return.

Councilmember Solorio, opined incident touched all, importance of ethnicstudies, and need to use incident to build character and promote learningand understanding.

MOTION: Support efforts of the Santa Ana Unified School District.

MOTION: Sarmiento

VOTE: AYES:

NOES:

ABSTAIN:

ABSENT:

SECOND: Solorio

Pulido, Sarmiento Solorio, Tinajero, Villegas5)

None (0)

None (0)

Benavides, Martinez ( 2)

Mayor Pulido and Councilmember Sarmiento left the meeting at 9:02 p.m. and did notreturn. Quorum was lost.

MEETING ADJOURNED: 9: 01 P. M. - The next meeting of the City Council is scheduledfor Tuesday, October 2, 2018 at 5: 00 p.m. for the Closed Session Meeting immediatelyfollowed by the Regular Open Business Meeting at 5: 45 p. m. in the Council Chamber, 22Civic Center Plaza, Santa Ana, California.

PUBLIC COMMENTS ( Non Agendized Items)

Donna Layne, Floral Park Neighborhood Association President, thanked police and

code enforcement for shutting down Happy Hour Internet Cafe. Expressed concernover speeding cars in the neighborhood. Raul Nolasco, expressed concern over computer intrusion at Santa Ana Public

Library.

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Gabriela Gonzalez, on behalf of Casa de la Familia, addressed City Council to request

support to promote domestic violence month in October, inform public of upcoming

concert event on October 13th, and of go purple riding initiative. Dale Helvig, expressed disappointment in councilmembers leaving before hearingpublic comment.

Peter Katz, echoed statements made by Dale Helvig and opined public comments arevaluable. Noted proposed sales tax will be highest in the county and need to havecitizen advisory board is necessary.

City Attorney Carvalho, noted for the record the City Council meeting will be deemedadjourned for lack of quorum.

Michael Plantamura, expressed opposition to 2525 Main Street development.

Connie Hamilton, informed City Council of an upcoming candidate forum at DelhiCenter. Noted 11 candidates will be running in November, which includes two mayoralcandidates.

Billy Leigh, expressed disappointment in councilmembers leaving before publiccomment period. Expressed opposition to 2525 Main Street development.

Venanicio Chavez, opined need to work with the school district to improve education.

Gary Thomas, opposed to 2525 Main Street development.

90A. CITY MANAGER'S COMMENTS

City Manager Godinez, announced National Voters Registration Day pressconference and encouraged all to attend.

90B. CITY COLINCILMEMBER COMMENTS

Councilmember Tinajero, informed public of upcoming expo at Santa AnaHigh School and invited all to attend. Encouraged all to attend the

candidate forum at Delhi Center.

Councilmember Solorio, thanked residents for their patience and noted loss

of quorum is not a common occurrence. Noted Happy Times Cyber Cafeclosure was a result of interaction with the community and learning lessonto address similar issues citywide.

Councilmember Villegas, echoed statements made by CouncilmemberSolorio. Provided report on Washington D.C. trip to advocate for policerecruitment and training grants and also meeting at Bureau of JusticeAdministration to further advocate for grants to establish a family justicecenter in the city.

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Mayor Pro Tem Martinez attended the League of California Cities Annual

Conference, Long Beach, CA September 12- 14, 2018.

ADJOURNED MEETING IN MEMORY OF

KEENE NORWOOD WILSON, JR.

Maria D. Huizar,

Clerk of the Council

FUTURE AGENDA ITEMS

Policy on Use of General Reserve and Enterprise Funds

CITY COUNCIL MINUTES 40 SEPTEMBER 18, 2018