MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 17, 2018 CLOSED SESSION MEETING COUNCIL CHAMBER

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1 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, A- 1

2 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: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to paragraph ( 1) of subdivision ( d) of Section of the Government Code: a. Jessica Stephens v City of Santa Ana et al Orange County Superior Court, Case # 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 C. City of Santa Ana v. Miguel A. Pulido, Mayor of the City of Santa Ana, Orange County Superior Court Case No CU-WM- CJC Brandon Sontag v. City of Santa Ana, et al., Orange County Superior Court, Case # CU- OE- CJC Nicole Quiias v. City of Santa Ana, Orange County Superior Court, Case # C U -O E -CJ C f. Santa Ana Police Officers' Association v. City of Santa Ana Orange County Superior Court, Case # CU- OE- CJC 2. CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION pursuant to paragraph ( 4) of subdivision ( d) of Section of the Government Code: (Two Cases) CONFERENCE WITH LEGAL COUNSEL THREAT OR ANTICIPATED/ POTENTIAL LITIGATION pursuant to Government Code Section ( d)( 2): Rush et al, vs. City of Santa Ana 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section : Address of Property: 2201 & 2205 S. Bristol Street, Santa Ana, CA APN Nos and ) Owner: Victoria Vargas Bastida Negotiators: City Manager Godinez Terms: Conditions of potential sale CITY COUNCIL MINUTES 10A-2 APRIL 17, 2018

3 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section ( 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) a 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, A-3

4 REGULAR OPEN MEETING CALLED TO ORDER 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, A-4

5 o 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 SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas 6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido ( 1) separate action or modified are MINUTES ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE SPECIAL MEETING OF MARCH 30, 2018 Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF APRIL 3, 2018 Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 APRIL 17, A- 5

6 ORDINANCES/ SECOND READING 11A. ADOPT AN ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION RELATED TO POLICE CANINES TO EXPAND THE DEFINITION TO " POLICE ANIMALS" { STRATEGIC PLAN NO. 5, 11 - the Council Office Clerk of 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, MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 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 of the Government Code: a. Jessica Stephens v. City of Santa Ana, et al., Orange County Superior Court, Case # 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, A-6

7 c. Brandon Sontag v. City of Santa Ana, et al., Orange County Superior Court, Case # CU- OE- CJC d. Nicole Quiias v. City of Santa Ana, Orange County Superior Court, Case CU- OE- CJC e. Santa Ana Police Officers' Association v. City of Santa Ana, Orange County Superior Court, Case # CU- OE- CJC 2. CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION pursuant to paragraph ( 4) of subdivision ( d) of Section of the Government Code: Council authorized legal action against Crown Castle to seek judicial review under California Government Code approved by 6-0 vote (Tinajero absent) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section : Address of Property: Owner: Negotiators: Terms: 2201 & 2205 S. Bristol Street, Santa Ana, CA ( APN Nos and ) Victoria Vargas Bastida City Manager Godinez 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). 19B. EXCUSED ABSENCES None 19C. STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2018 { STRATEGIC PLAN NO. 5, 11 City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: strate-gic- planning. MOTION. Receive and file. 19D. 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 The Citywide Records Retention Schedule has specific retention periods for many City CITY COUNCIL MINUTES 7 APRIL 17, A-7

8 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 AUTHORIZE TRANSACTION WITH CLYDE ARMORY, INC. FOR PATROL RIFLES & ACCESSORIES { STRATEGIC PLAN NO. 1, 51 - 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 AWARD A PURCHASE ORDER TO INNOVATIVE TACTICAL TRAINING SOLUTIONS FOR TACTICAL TRAINING MANIKINS NON -GENERAL FUND) { STRATEGIC PLAN NO. 1, 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 AWARD PURCHASE ORDER TO GREAT PACIFIC EQUIPMENT, INC., FOR A TRUCK -MOUNTED LOADER { STRATEGIC PLAN NO. 6, 21 - 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, A-8

9 22D. SPEC. NO 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 ) { 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. 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. Property Owner(s) HPPA Address/House AGMT. No. No. 1. Robert H. Fairchild & North Flower St Christine M. Lardas 2. Mark D. Pero & Mary North Greenleaf E. Pero St. 3. Susan Sally Fisher North Lowell Street 4. George M. Will & Kelli North Park Blvd L. Will 5. Christine L. Switzer North Riverside Dr. CITY CITY COUNCIL COUNCIL MINUTES MINUTES 99 APRIL APRIL 17, 17, A- 10A- 99

10 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, 413) 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 ). 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 ). 25D. APPROVE AN AGREEMENT WITH CALIFORNIA MANUFACTURING TECHNOLOGY CONSULTING FOR RAPID RESPONSE SERVICES AT THE WORK CENTER { STRATEGIC PLAN NO. 2, 4) 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 E. 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 , 06, 07, 08, 09) { STRATEGIC PLAN NO. 4, 1) Community Development Agency CITY COUNCIL MINUTES 10 APRIL 17, 2018 illymi:

11 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 , 06, 07, 08, 09), subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). 25F. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION LOCATED AT S. CYPRESS AVE. ( APN ) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 ( PROJECT NO ) 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 S. Cypress Ave. ( APN ), 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 ). Mayor Pro Tem Martinez dissented on Agenda Item 25F. N GOVERNMENT PLATFORM 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 ). MOTION: Solorio SECOND: Benavides VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas ( 6) NOES: None (0) CITY COUNCIL MINUTES 11 APRIL 17, A- 11

12 ABSTAIN: None (0) ABSENT: Pulido ( 1) NATION STRATEGIES INC. FOR COMMUNITY BRANDING FTING SFRVIrFS fstratfr,lr PI AN NC) ' I 1F1 _ r. nm 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 ). MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Solodo, Tinajero, Villegas ( 6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido ( 1) 251. APPROVE A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE BRISTOL/ALTON BIKE TRAIL ( APN ) { STRATEGIC PLAN NO. 5, 4131 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 ) for the Bristol/Alton Bike Trail for a term of May 1, 2018 to April 30, 2023 for a total compensation of 1, , subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). CITY COUNCIL MINUTES 12 APRIL 17, A- 12

13 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 ongoing 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 ( Counciimember 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, A- 13

14 75C. CONTINUED PUBLIC HEARING ADOPT ORDINANCE AMENDMENT NO 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, 31 - Planning and Building Agency Legal Notice published in the Orange County Reporter on March 23, 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, OA -14

15 MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS 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 SITE PLAN REVIEW NO AND VARIANCE NOS AND 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, 2} - 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, 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. CITY COUNCIL MINUTES 15 APRIL 17, A- 15

16 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. Robert ( Bob) Bisno, 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: Adopt resolutions. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO AS CONDITIONED AND REVERSING THE PLANNING COMMISSION' S DENIAL OF SITE PLAN REVIEW NO AND VARIANCE NO FOR THE INCREASED SIDE YARD SETBACK FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO AND APPROVING THE PLANNING COMMISSION' S DENIAL OF VARIANCE NO FOR A REDUCTION IN PARKING FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE MOTION: Sarmiento SECOND: Tinajero VOTE: AYES Martinez, Sarmiento, Solorio, Tinajero, Villegas ( 5) NOES: Benavides ( 1) ABSTAIN: None (0) CITY COUNCIL MINUTES 16 APRIL A- 16

17 ABSENT: 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) 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. CITY COUNCIL MINUTES 17 APRIL 17, A- 17

18 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 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 typical] 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. CITY COUNCIL MINUTES 18 APRIL 17, A- 18

19 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 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 SECOND: Sarmiento VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero (4) NOES: Villegas ( 1) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) RESOLUTIONS 55A. ADOPT A RESOLUTION ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT IN CITY COUNCIL MINUTES 19 APRIL 17, A- 19

20 FISCAL YEAR CAPITAL IMPROVEMENT PROGRAM { STRATEGIC PLAN NO. 6, 1 G} Public Works Agency MOTION. Adopt a resolution. RESOLUTION NO 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 SECOND: Tinajero VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas (5) NOES: None ( 0) ABSTAIN: None (0) 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 Mayors 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NOS , AND MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas ( 5) CITY COUNCIL MINUTES 20 APRIL 17, OA -20

21 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. 2} City Manager's Office 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. MOT/ON., Support position on Senate Bill 895 ( Nguyen), Vietnamese Refugee Model Curriculum. MOTION: Villegas SECOND: Tinajero VOTE: AYES: Benavides, Solorio, Tinajero, Villegas (4) NOES: None (0) ABSTAIN None (0) ABSENT: Martinez, Pulido, Sarmiento (3) PUBLIC HEARINGS 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 ) NON -GENERAL FUND) { STRATEGIC PLAN NO. 6, 1G & Works Agency 3, 2C} Public Legal Notice published in the Orange County Reporter on March 23, 2018 and notices mailed to affected properties on March 27, CITY COUNCIL MINUTES 21 APRIL 17, OA -21

22 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR 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. CITY COUNCIL MINUTES 22 APRIL 17, OA -22

23 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 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 CITY COUNCIL MINUTES 23 APRIL 17, OA -23

24 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: 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 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, OA -24