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Home My WebLink About10B - DRAFT MINUTES 08-20-19DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 20, 2019 CLOSED SESSION MEETING CALL TO ORDER - MAYOR PULIDO Mayor Pulido called the meeting to order at 5:08 p.m. Council Member Iglesias joined the closed session at 5:55 p.m. Mayor Pulido announced that Items 20B, 55A, 55B, and 55C will be continued to a future meeting. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 is vacant as of Friday, March 1, 2019. IIl1:IINZK.7JaIAIA►r0211111►rem 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: Mayor Pulido recessed the meeting at 5:09 p.m. to discuss Closed Session Items 1-4 as listed on the agenda: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A) City of Santa Ana v. Tacos Mexico, Inc. et al., Orange County Superior Court Case No. 30-2017- 00938893-CU-EI-CXC B) 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) C) 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) DRAFT CITY COUNCIL MINUTES 1 August 20, 2019 1OB-1 City Council approved a settlement for the purchase of property for an additional amount of $157,000 by a vote of 4-1-1 (Penaloza dissented, Iglesias absent; Agreement No. 2019-170). 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: ONE 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One case. 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Employee Organizations: Santa Ana Police Management Association (PMA) Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) 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. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. Mayor Pulido adjourned the Closed Session at 6:30 p.m. DRAFT CITY COUNCIL MINUTES 2 August 20, 2019 10 B-2 REGULAR OPEN MEETING WTI In riPl ZI 91:1 :a Ji I_ytel 0 all I I IX Mayor Pulido called the Regular Open Session to order at 6:32 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 is vacant. : I Biel Eel y9IIEel M90Eel = LTA U &IZ4allIIBPI INVOCATION - JANE KELLER, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS 1. SPECIAL PRESENTATION by the office of Congressman Harley Rouda. Kate Alegria, Constituent Services Representative, 48th District of California, provided a brief presentation. 2. SPECIAL PRESENTATION by Registrar of Voters on the Orange County Vote Centers beginning 2020. Jackie Wu, Community Outreach with Orange County Registrar of Voters, provided a brief presentation. 3. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM VILLEGAS recognizing the Orange County Fire Authority Explorers for their contributions to the community. 4. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing the Stefanie Phillips for her years of service and her contributions to the community. 5. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA and COUNCILMEMBER SARMIENTO recognizing the Assistance League of Santa Ana for their contributions to the community. DRAFT CITY COUNCIL MINUTES 3 August 20, 2019 10 B-3 6. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing the Fundacion de Sobrevivientes de Trafico Humano for their contributions to the community. Public Hearing Item No. 75A was heard prior to Closed Session Report. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS - Public comments were heard after Item 90A. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L, with the exceptions of Items 11A, 13A, 13B, 19C, 20B, 20C, 25A, 25G, 25H, and 25K. Councilmember Solorio motioned to approve the consent calendar items 10A through 25L, with the exceptions of Items 11A, 13A, 13B, 19C, 20B, 20C, 25A, 25G, 25H, and 25K, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Solorio VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pro Tern Villegas (Mayor Pro Tern Villegas) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JUNE 18, 2019 {Strategic Plan No. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. DRAFT CITY COUNCIL MINUTES 4 August 20, 2019 10 B-4 ORDINANCES/SECOND READING - In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(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 OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2){STRATEGIC PLAN NO. 5, 1) — Planning and Building Agency - Placed on first reading at the July 16, 2019 City Council meeting and approved by a vote of 4-2 (Iglesias and Penaloza dissented). Published in the Orange County Reporter on August 9, 2019. MOT/ON: Place ordinance on second reading and adopt: ORDINANCE NO. NS-2971 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) Mayor Pulido motioned to adopt item 11A, seconded by Councilmember Penaloza. MOTION: Mayor SECOND: Councilmember Penaloza Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) 13A. APPOINT ANDREANELA ORDONEZ NOMINATED BY COUNCILMEMBER PENALOZA AS THE WARD 2 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Andreanela Ordonez for an appointment to the Youth Commission as a Regular member representing Ward 2 (replaces J. Plascencia). DRAFT CITY COUNCIL MINUTES August 20, 2019 1 OB-5 13B. APPOINT MIGUEL CALDERON NOMINATED BY COUNCILMEMBER PENALOZA AS THE WARD 2 REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOT/ON: Nominate Miguel Calderon for an appointment to the Community Redevelopment and Housing Commission as the Ward 2 representative (replaces I. Ramos). 13C. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JANUARY THROUGH JUNE 2019 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office 1. Receive and file Boards and Commissions Biannual Attendance Report. 2. Provide direction as necessary. 13D. RE -APPOINT ENRIQUE PEREZ TO THE WORKFORCE DEVELOPMENT BOARD FOR A FOUR YEAR TERM EXPIRING MAY 31, 2023 {STRATEGIC PLAN NO 5, 11 — Community Development Agency MOT/ON: Reappoint Enrique Perez to the Santa Ana Workforce Development Board, representing Rancho Santiago Community College, for a four-year term expiring May 31, 2023. 13E. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOT/ON: Receive and file. Legislative Affairs, Ethics and Transparency Committee - 10/17/2018; Youth, Education, and Community Services Committee - 4/15/2019; Economic Development Infrastructure, Budget and Technology Committee - 6/10/2019 Councilmember Penaloza motioned to approve the consent calendar items 13A and 13B, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 6 August 20, 2019 f MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office 19C. QUARTERLY REPORT OF CONTRACTS UP TO $50,000 FOR NON-PUBLIC WORKS AND UP TO $250,000 FOR PUBLIC WORKS AUTHORIZED BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Agency MOT/ON: Receive and file Quarterly Report of Contracts entered into between April 1, 2019 to June 30, 2019 valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. Councilmember Penaloza motioned to receive and file item 19C, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pro Tern Villegas (Mayor Pro Tern Villegas) 19D. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2019 {STRATEGIC PLAN NO. 4, 1 D) — Finance and Management Services Agency MOT/ON: Receive and file. 19E. APPROVE AND AUTHORIZE THE MAYOR TO SIGN THE BIENNIAL UPDATE TO THE REGIONAL AND LOCAL WORKFORCE PLAN FOR FISCAL YEARS 2017- 2021 {STRATEGIC PLAN NO. 2, 4) - Community Development Agency - Workforce Development Board approved recommended action on January 17, 2019 by a vote of 14-0 (Elliott, Rose, Ruiz, absent). MOT/ON: Approve the biennial update to the Regional and Local Workforce Plan for Program Years 2017 through 2021 and authorize the Mayor, City Manager and Clerk of the Council to sign all documents necessary for submission to the California Workforce Development Board and State of California Employment Development Department. DRAFT CITY COUNCIL MINUTES 7 August 20, 2019 10 B-7 19F. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2019 — JUNE 2019 {STRATEGIC PLAN NO. 5, 3C) — Community Development Agency - Community Redevelopment and Housing Commission approved recommended action on July 24, 2019 by a vote of 7-0 (Urzua and Garcia absent). MOT/ON: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 2019 — June 2019. BUDGETARY MATTERS r_��:t.»:a_�r�.�►euan��rwia►r� 20A. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENT WITH SANTA ANA COLLEGE WORKFORCE SERVICES PROGRAM ($60,176) {STRATEGIC PLAN NO. 2, 4) - Community Development Agency Authorize the City Manager and Clerk of the Council to execute an agreement recognizing $60,176 awarded to the City of Santa Ana, Santa Ana WORK Center by the Rancho Santiago Community College District for workforce and job development activities, effective June 18, 2019 through December 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-xxx). Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-016 - Recognizing Rancho Santiago Community College District program funds in the amount of $60,176 into the OC Grant Revenue, State Grant -Indirect and appropriating the same amount into Rancho Santiago Community College District Grant Expenditure account. This Consent Item - Agreement No. 2019-129 was approved. ��r�r_��:z.�•��_vr_��:t.»:a_�r�.err_uan��rwia►rrrr.�:�xya►•��_vu� APPROPRIATE $23,760 FROM THE SOCAL WATER$MART PUBLIC AGENCY LANDSCAPE PROGRAM TO PURCHASE CENTRAL COMPUTER IRRIGATION CONTROLLERS FOR CENTENNIAL PARK {STRATEGIC PLAN NO. 6, 1) — Parks, Recreation and Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-017 - Recognizing $23,760 from the SoCal Water$mart Public Agency Landscape Program in the Miscellaneous income account and appropriate the same amount to the Parks, Recreations and Community Services Agency Operating Materials & Supplies Buildings/Grounds account to purchase central computer irrigation controllers for Centennial Park. This Consent Item - was continued to a future meeting. DRAFT CITY COUNCIL MINUTES August 20, 2019 ' woo 20C. APPROVE AN APPROPRIATION ADJUSTMENT AND AGREEMENTS WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND ORANGE COUNTY WATER DISTRICT FOR FUTURE SUPPLY ACTIONS FUNDING PROGRAM MUSSELS STUDY ($122,796 EACH AGREEMENT) {STRATEGIC PLAN NO. 5, 21 — Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-018 - Recognizing $122,796 in Metropolitan Water District of Southern California Future Supply Actions Funding Program funds into the Public Works Water Revenue, Miscellaneous Recoveries revenue account, and appropriating the same amount into the Water Admin/Engineering Contract Services Professional expenditure account. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with the Metropolitan Water District of Southern California through its Future Supply Actions Funding Program for the Restoration of Local Recharge Sources from Invasive Dreissenid Mussels Study, for the term commencing May 7, 2019, through December 31, 2021, for an amount not to exceed $122,796 (Agreement No. 2019-xxx). 3. Authorize the City Manager and Clerk of the Council to execute agreement with the Orange County Water District to complete the Restoration of Local Recharge Sources from Invasive Dreissenid Mussels Study, for the term commencing May 7, 2019, through December 31, 2021, at a 50%-share cost not to exceed $122,796 (Agreement No. 2019-xxx). Councilmember Sarmiento motioned to approve 20C - Agreement Nos. 2019-130 and 2019-131, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Sarmiento VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pro Tern Villegas (Mayor Pro Tern Villegas) 20D. APPROVE APPROPRIATION ADJUSTMENTS NO. 2019-179 INCREASING REVENUE AND EXPENDITURE ACCOUNTS BY $74,000 TO COVER REIMBURSABLE LEGAL COSTS ASSOCIATED WITH SPECIFIC DEVELOPMENT PROJECTS FOR FISCAL YEAR 2018-19 AND AN APPROPRIATION ADJUSTMENT DRAFT CITY COUNCIL MINUTES 9 August 20, 2019 10 B-9 2020-013 INCREASING REVENUE AND EXPENDITURE ACCOUNTS BY $500,000 TO COVER REIMBURSABLE LEGAL COSTS FOR LEGAL SERVICES PROVIDED BY BEST BEST AND KRIEGER LLP ASSOCIATED WITH SPECIFIC DEVELOPMENT PROJECTS FOR FISCAL YEAR 2019-20 {STRATEGIC PLAN NO. 4, 2A) — Planning and Building Agency MOTION: Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-179 - Adding $74,000 to the Expense Reimbursement Account to reflect anticipated fees collected from developers to cover outside legal costs associated with processing development projects and adding $74,000 to Contract Services -Professional Account to reflect anticipated payment of legal costs incurred by the City in processing development projects. The total allocations are subject to non -substantive changes by the City Manager and City Attorney. APPROPRIATION ADJUSTMENT NO. 2020-013 - Adding $500,000 to Expense Reimbursement Account to reflect anticipated fees collected from developers to cover as needed third party legal support associated with processing development projects and adding $500,000 to Contract Services -Professional Account to reflect anticipated payment of legal costs incurred by the City in processing development projects. The total allocations are subject to non - substantive changes by the City Manager and City Attorney. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A 2-YEAR BLANKET ORDER CONTRACT IN THE AMOUNT NOT TO EXCEED $1,500,000 TO EARTH TOOL COMPANY LLC, DBA HAMMERHEAD, FOR SEWER LINING MATERIALS AND SUPPLIES (SPECIFICATION NO. 19-059) (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 2) - Public Works Agency and Finance and Management Services Agency MOTION: Award a blanket order contract to Earth Tool Company LLC dba HammerHead, for sewer lining materials and supplies for a two-year period beginning August 20, 2019, and expiring August 19, 2021, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount of $300,000, for a total amount not to exceed $1,500,000, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. AWARD CONTRACTS TO DITCH WITCH WEST FOR PIPE BURSTING SYSTEM AND RELATED MATERIALS IN AN AMOUNT NOT TO EXCEED $107,744 (SPECIFICATION NO. 19-053) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6,21 - Public Works Agency and Finance and Management Services Agency Authorize one-time purchase and payment of purchase order to Ditch Witch West for a HammerHead pipe bursting system for a total amount not to exceed DRAFT CITY COUNCIL MINUTES 10 August 20, 2019 1OB-10 $32,744, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Award a blanket order contract to Ditch Witch West for pipe bursting materials for a two-year period beginning September 1, 2019, and expiring August 31, 2021, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount of $15,000, for a total amount not to exceed $75,000, to be paid with Sanitary Sewer Service funds, subject to non -substantive changes approved by the City Manager and City Attorney. 23A. AWARD A CONSTRUCTION CONTRACT TO G.J. GENTRY GENERAL ENGINEERING, INC., IN THE AMOUNT OF $1,269,090 FOR THE CITYWIDE SEWER MAIN IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $1,629,500 (PROJECT NO. 17-6437) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B AND 1 C) - Public Works Agency Award a construction contract to G.J. Gentry General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,269,090, for construction of the Citywide Sewer Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,629,500, which includes $1,269,090 for the construction contract, $190,364 for contract administration, inspection and testing, and a $170,046 project contingency (approximately 13.40% of the construction contract amount), paid with Capital Recovery Charges funding. 23B. AWARD A CONSTRUCTION CONTRACT TO G.J. GENTRY GENERAL ENGINEERING, INC., IN THE AMOUNT OF $805,829 FOR THE WILLARD NEIGHBORHOOD SEWER MAIN IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $1,047,579 (PROJECT NO. 16-6466) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B; 1 C) — Public Works Agency Award a construction contract to G.J. Gentry General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $805,829, for construction of the Willard Neighborhood Sewer Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. DRAFT CITY COUNCIL MINUTES 11 August 20, 2019 1OB-11 Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,047,579, which includes $805,829 for the construction contract, $120,875 for contract administration, inspection and testing, and a $120,875 project contingency (approximately 15% of the construction contract amount), to be paid with Sanitary Sewer Capital funds. 23C. AWARD A CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY IN THE AMOUNT OF $843,301 FOR THE ALTON AVENUE REHABILITATION AND D-03 CHANNEL IMPROVEMENTS AT ALTON AVENUE REPAIR PROJECTS ESTIMATED DELIVERY COST: $1,033,360 (PROJECT NOS.19-6941, 19-6617) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B; 1 C; 1 G) - Public Works Agency Award a construction contract to R.J. Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $843,301, for construction of the Alton Avenue Rehabilitation from Raitt Street to Bristol Street Project and the D-03 Channel Improvements Project at Alton Avenue, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,033,360, which includes $843,301 for construction contract, $105,789 for contract administration, inspection and testing, and a $84,270 project contingency (approximately 10% of the construction contract amount), paid with Highway Users Tax Account -Road Maintenance and Rehabilitation funds and Public Works Storm Drain Construction funds. The budget is sufficient to cover the contract. AGREEMENTS 25A. APPROVE COMMUNITY BENEFIT AGREEMENTS WITH NATI'S HOUSE, SANTA ANA XTREME, AND WISEPLACE FOR FISCAL YEAR 2019-2020 FOR A TOTAL AMOUNT OF $110,000 {STRATEGIC PLAN NO. 1, 6; 2, 2; 5, 41 - Community Development Agency MOT/ON: Authorize the City Manager and the Clerk of the Council to execute agreements with the following non-profit organizations to provide community benefit programs during the period of August 20, 2019 through June 30, 2020 in a total amount not to exceed $110,000, subject to non -substantive changes approved by the City Manager and City Attorney: Nati's House (dba, Neutral Ground) to provide after school programming and mentoring to youth focusing on violence prevention, gang intervention, restorative practices, mentoring, and drug and alcohol prevention, in the amount of $50,000 (Agreement No. 2019-xxx); DRAFT CITY COUNCIL MINUTES 12 August 20, 2019 1OB-12 b. Santa Ana Xtreme Softball to provide youth softball team that develops female athletes as future civic leaders through self-discipline, hard -work and important life lessons in the amount of $30,000 (Agreement No. 2019-xxx); C. WISEPlace to provide programs that help transition unaccompanied homeless women back to self-sufficiency and reunite them with their families in the amount of $30,000 (Agreement No. 2019-xxx). Mayor Pulido motioned to approve item 25A—Agreement Nos. 2019-132, 2019-133, and 2019-134, seconded by Councilmember Sarmiento. MOTION: Mayor SECOND: Councilmember Sarmiento Pulido VOTE: AYES: Mayor Pulido, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Mayor Pro Tern Villegas (Mayor Pro Tern Villegas) 25B. APPROVE THE THIRD AMENDMENT AND ONE YEAR EXTENSION IN THE AMOUNT OF $129,437.94 FOR INOVAH CASHIERING SYSTEM SOFTWARE SUPPORT AND HARDWARE MAINTENANCE WITH SYSTEM INNOVATORS, A DIVISION OF N. HARRIS COMPUTER CORPORATION {STRATEGIC PLAN NO. 7, 5) - Finance and Management Services Agency Authorize the City Manager and Clerk of the Council to execute the third amendment to the agreement with N. Harris Computer Corporation, System Innovators, for ongoing professional software services, related hardware purchases, support, and maintenance for the City's cashiering system by an additional amount of $129,437.94, which includes a ten percent (10%) contingency of $12,735.00, subject to non -substantive changes approved by the City Manager and Clerk of the Council and; Approve the exercise of the first year of a previously authorized two-year optional agreement extension, effective for the period January 1, 2020 through December 31, 2020, extending the current three-year agreement set to expire on December 31, 2019, along with a re -authorization for a second additional one-year extension for the period January 1, 2021 through December 31, 2021 exercisable by the City Manager, subject to non -substantive changes approved by the City Attorney and City Manager (Agreement No. 2019-xxx). DRAFT CITY COUNCIL MINUTES 13 August 20, 2019 1OB-13 This Consent Item - Agreement No. 2019-135 was approved. 25C. APPROVE AGREEMENT WITH CLEARSOURCE FINANCIAL CONSULTING TO PREPARE AN INDIRECT COST ALLOCATION PLAN AND INTERNAL SERVICE FUNDS COST ALLOCATION METHODOLOGY FOR UP TO FIVE YEARS, FOR A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $170,700 {STRATEGIC PLAN NO. 4, 1 } — Finance and Management Services Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute an agreement with Clearsource Financial Consulting to prepare an Indirect Cost Allocation Plan and Internal Service Funds Cost Allocation Methodology, for a three-year period August 20, 2019 through August 19, 2022, with a provision for two additional one-year terms exercisable (beginning August 2022 through August 2024) by the City Manager and the City Attorney, for a total aggregate amount not to exceed $170,700 for the term of the contract, including the optional renewals, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). This Consent Item - Agreement No. 2019-136 was approved. 25D. APPROVE AN AGREEMENT WITH VMI, INC. FOR THE PURCHASE AND INSTALLATION OF A NEW VIDEO WALL IN THE CITY COUNCIL CHAMBERS IN THE AMOUNT NOT TO EXCEED $159,342 FOR THE PERIOD AUGUST 20, 2019 TO FEBRUARY 19, 2020 TO BE FUNDED BY PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FUNDS {STRATEGIC PLAN NO. 2, 3} — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute an agreement with VMI, Inc. for the purchase and installation of a new video wall in the City Council Chambers in the amount not to exceed $159,342, which includes a 10% contingency for the period August 20, 2019 to February 19, 2020 to be funded with Public, Educational and Governmental funds, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). This Consent Item - Agreement No. 2019-137 was approved. ��yar_��:z.�•��ya►�y�_��:�aawia►rr_wia►u�wia►r��a�rr:��•u_�ry:�l.�ur� TENNIS ACADEMY, LLC FOR THE MANAGEMENT AND OPERATION OF CABRILLO TENNIS CENTER AND TO RECEIVE THE AMOUNT OF $4,000 PER MONTH FOR A MONTH -TO -MONTH TERM STARTING SEPTEMBER 5, 2019 TO DECEMBER 31, 2019 TO BE DEPOSITED IN THE GENERAL FUND {STRATEGIC PLAN NO. 2, 11 — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute a license agreement amendment with Match Point Tennis Academy for the management and operation of Cabrillo Tennis Center and the City to receive the amount of $4,000 per month for a month -to -month term starting September 5, 2019 until December 31, 2019, to be deposited in the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). DRAFT CITY COUNCIL MINUTES 14 August 20, 2019 1OB-14 This Consent Item - Agreement No. 2019-138 was approved. 25F. APPROVAL OF A HISTORIC PROPERTY PRESERVATION AGREEMENT - 2112 NORTH FLOWER STREET {STRATEGIC PLAN NO. 5, 2; 5, 3) - Planning and Building Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement 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) Khanh B. Nguyen and Chinh K. Do; Historic Property Preservation Agreement No. 2019-01; Address/House - 2112 North Flower Street; Vote by HRC - 8:0 (Ramos absent) (Agreement No. 2019-xxx) This Consent Item - Agreement No. 2019-139 was approved. 25G. APPROVE AN AGREEMENT WITH FIESTA DE CARNIVAL FOR CARNIVAL SERVICE RIGHTS FOR THE FIESTAS PATRIAS 2019 EVENT AND THE CITY TO RECEIVE 25% OF TOTAL REVENUE SALES TO BE DEPOSITED IN THE GENERAL FUND {STRATEGIC PLAN NO. 5, 5) — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute an agreement with International Promotions, Inc. doing business as Fiesta de Carnival for carnival services rights for the Fiestas Patrias 2019 event and the City to receive 25% of total revenue sales deposited in the General Fund, for a term starting August 20, 2019 through November 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-XXX). Councilmember Penaloza motioned to approve item 25G — Agreement No. 2019-140, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) 25H. APPROVE AGREEMENT WITH SWAYZER CORPORATION FOR LANDSCAPE MAINTENANCE SERVICES, FOR A 3-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $125,000 ANNUALLY FOR A TOTAL AMOUNT OF $625,000 (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1C) — Public Works Agency DRAFT CITY COUNCIL MINUTES 15 August 20, 2019 1OB-15 MOT/ON: Authorize the City Manager and Clerk of the Council to execute an agreement with Swayzer Corporation for Landscape Maintenance Services at Water Facilities and at the Santa Ana Regional Transportation Center, for the three-year period beginning August 20, 2019, and expiring August 19, 2022, with a provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $125,000 annually, for a total amount of $625,000 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-XXX). Councilmember Penaloza motioned to approve item 25H — Agreement No. 2019-141, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) 251. APPROVE AGREEMENTS WITH MIKE PRLICH AND SONS, INC.; PAULUS ENGINEERING, INC.; AND T. E. ROBERTS, INC., FOR EMERGENCY ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES, FOR A 3-YEAR PERIOD, IN AMOUNT NOT TO EXCEED $500,000 ANNUALLY AND NOT TO EXCEED A TOTAL OF $2,500,000 (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 11 — Public Works Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute agreements with Mike Prlich and Sons, Inc.; Paulus Engineering, Inc.; and T.E. Roberts, Inc., for on - call emergency sewer and water system repair services for a three-year period beginning August 20, 2019, and expiring August 19, 2022, in an aggregate annual amount of $500,000, with provision for a two-year renewal exercisable by the City Manager and City Attorney, for a total amount not to exceed $2,500,000, to be paid with Water Systems Maintenance and Sanitary Sewer Service funds, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). This Consent Item - Agreement No. 2019-142 was approved. 25J. APPROVE MEMORANDUM OF UNDERSTANDING WITH COMMUNITY ACTION PARTNERSHIP OF ORANGE COUNTY, RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, AND THE SOUTHERN CALIFORNIA INDIAN CENTER AS PARTNERS UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT {STRATEGIC PLAN NO 2, 4) — Community Development Agency DRAFT CITY COUNCIL MINUTES 16 August 20, 2019 1OB-16 MOT/ON: Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Undersanding with the Santa Ana Workforce Development Board and Community Action Partnership of Orange County, Rancho Santiago Community College District, and the Southern California Indian Center as part of America's Job Center of California to establish a cooperative working relationship between the parties and to define respective roles and responsibilities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2019-xxx, 2019-xxx, 2019-xxx). This Consent Item - Agreement Nos. 2019-143, 2019-144, and 2019-145 were approved. 25K. APPROVE AN AGREEMENT WITH PRIORITY LANDSCAPE SERVICES, LLC TO PROVIDE LANDSCAPE MAINTENANCE SERVICES IN DISTRICT A FOR AN AMOUNT NOT TO EXCEED $329,739 FOR THE PERIOD JULY 1, 2019 TO JUNE 30, 2020 TO BE FUNDED BY CIVIC CENTER AUTHORITY FUNDS {STRATEGIC PLAN NO. 6, 1) — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute an agreement with Priority Landscape Services, LLC to provide landscape maintenance services in District A for an amount not to exceed $329,739, which includes a 15% contingency, for the period July 1, 2019 to June 30, 2020 to be funded by Civic Center Authority funds, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). Mayor Pulido motioned to approve item 25K — Agreement No. 2019-146, seconded by Councilmember Penaloza. MOTION: Mayor SECOND: Councilmember Penaloza Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) 25L. APPROVE AN AMENDMENT TO THE AGREEMENT WITH STRAIGHTLINE COMMUNICATIONS, LLC IN THE ANNUAL AMOUNT OF $25,000 FOR ADDITIONAL AUXILIARY SERVICES, FOR A NEW ANNUAL AMOUNT NOT TO EXCEED $95,000{STRATEGIC PLAN NO. 5, 4) - Public Works Agency MOT/ON: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Straightline Communications, LLC to provide additional auxiliary support services related to community outreach and education by increasing the annual DRAFT CITY COUNCIL MINUTES 17 August 20, 2019 1OB-17 agreement amount by $25,000, for a total annual amount not to exceed $95,000 for the remaining 2 years of the agreement and the 2-year optional extension, if exercised, which increases the total agreement amount by $100,000, to a total of $450,000 inclusive of the 2 year optional extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2019-xxx). This Consent Item - Agreement No. 2019-147 was approved. END OF CONSENT CALENDAR ADMINISTER OATH OF OFFICE TO THE NEWLY APPOINTED COMMISSIONERS: 1. Community Redevelopment and Housing Commission - Miguel Calderon Daisy Gomez, Clerk of the Council, administered the oath of office to Miguel Calderon after Items 13A and 13B were heard. 2. Youth Commission - Andreanela Ordonez Daisy Gomez, Clerk of the Council, administered the oath of office to Andreanela Ordonez after Items 13A and 13B were heard. BUSINESS CALENDAR RESOLUTIONS 55A. APPROVE AN APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $696,120; ADOPT A RESOLUTION AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN; AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE MANAGEMENT ASSOCIATION {STRATEGIC PLAN NO. 7, 4, & 61 - Human Resources Department 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-020 — Transferring $696,120 from the General Fund Non -Departmental accounting unit into the appropriate General Fund accounting units. 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN 3. Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Police Management Association (SAPMA) for the period July 1, 2018 through June 30, DRAFT CITY COUNCIL MINUTES 18 August 20, 2019 1OB-18 2021, regarding wages and other terms of conditions of employment (Agreement No. 2019-XXX). Item 55A was continued to a future meeting. 55B. APPROVE AN APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $277,818; ADOPT A RESOLUTION AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN; AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA MANAGEMENT ASSOCIATION (SAMA) {STRATEGIC PLAN NO. 7, 4, & 6) - Human Resources Department 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-021 - Transferring $277,818 from General Fund Non -Departmental into the appropriate General Fund Accounting Units. 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN 3. Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Management Association (SAMA) for the period January 1, 2019 through June 30, 2022, regarding wages and other terms of conditions of employment (Agreement No. 2019-XXX). Item 55B was continued to a future meeting. 55C. APPROVE AN APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $183,279; APPROVE AN AMENDMENT TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CONFIDENTIAL ASSOCIATION OF SANTA ANA {STRATEGIC PLAN NO. 7, 4 & 61 - Human Resources Department 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-022 - Transferring $183,279 from General Fund Non -Departmental into the appropriate General Fund Accounting Units. 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S DRAFT CITY COUNCIL MINUTES 19 August 20, 2019 1OB-19 BASIC CLASSIFICATION AND COMPENSATION PLAN 3. Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding (MOU) with the Confidential Association of Santa Ana (CASA) for the period of January 1, 2019 through June 30, 2022, regarding wages and other terms and conditions of employment (Agreement No. 2019-XXX). Item 55C was continued to a future meeting. 55D. ADOPT A RESOLUTION REINSTATING THE LIBRARY DEPARTMENT {STRATEGIC PLAN NO. 7,6) — Human Resources Department MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REINSTATING THE LIBRARY DEPARTMENT Councilmember Iglesias motioned to adopt Item 55D, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Iglesias VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E. ADOPT A RESOLUTION ACCEPTING A DONATION OF POLICE K-9 ANIMALS, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM {STRATEGIC PLAN GOAL NO. 1, C) — Police Department MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF POLICE K-9 ANIMALS, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM Mayor Pro Tern Villegas motioned to adopt 55E, seconded by Councilmember Iglesias. MOTION: Mayor Pro SECOND: Councilmember Iglesias Tern Villegas DRAFT CITY COUNCIL MINUTES 20 August 20, 2019 1 OB-20 VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55F. ADOPT A RESOLUTION AMENDING THE FEE FOR RELEASE OF IMPOUNDED VEHICLES FOR UNLICENSED OR SUSPENDED/REVOKED DRIVER'S LICENSES {STRATEGIC PLAN NO. 4, 2A)— Police Department MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA MODIFYING THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES AMENDING THE FEE FOR RELEASE OF IMPOUNDED VEHICLES FOR UNLICENSED OR SUSPENDED/REVOKED DRIVER'S LICENSES Councilmember Penaloza motioned to adopt 55F, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) 55G. ADOPT REIMBURSEMENT AGREEMENT RESOLUTION FOR LAND USE APPLICATIONS AND PROJECTS {STRATEGIC PLAN NO. 3, 5A) - Planning and Building Agency MOT/ON: Adopt a resolution. RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO EXECUTE DEPOSIT/REIMBURSEMENT AGREEMENTS FOR PROFESSIONAL SERVICES RELATED TO DEVELOPMENT PROJECTS Councilmember Penaloza motioned to adopt 55G, seconded by Mayor Pro Tern Villegas. DRAFT CITY COUNCIL MINUTES 21 August 20, 2019 1 OB-21 MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) r_1QIAI1►16-1r:LAr►•21:8JAfill aIA:��:11)t91►1:&X 60A. APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET {STRATEGIC PLAN NO. 3, 2; 5, 31 - Planning and Building Agency and Community Development Agency Planning Commission approved recommended action on June 14, 2018 by a vote of 4-1 (Bacerra dissented). MOT/ON: Authorize the City Manager and Clerk of the Council to execute a Density Bonus Agreement with Santa Ana Pacific Associates, and Santa Ana Pacific Associates II, or assigns, for a 55-year term, for the development of a 552-unit affordable rental project at 2110, 2114, and 2020 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. PUBLIC COMMENT Kimberly Adams spoke in support of the item. Elizabeth Hensburg spoke in support of the item. Aaron McCall spoke in support of the item. Thai Phan spoke in support of the item. Jessie Lopez spoke in support of the item. Claudio Gallegos, on behalf of Congressman Lou Correa, spoke in support of the item. Dang T. Le spoke in support of the item. Roger Richards spoke in support of the item. Michael Wright spoke in support of the item. DRAFT CITY COUNCIL MINUTES 22 August 20, 2019 1 OB-22 Councilmember Sarmiento motioned to approve item 60A, seconded by Mayor Pulido. MOTION: Councilmember SECOND: Mayor Pulido Sarmiento VOTE: AYES: Mayor Pulido, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Mayor Pro Tern Villegas, Councilmember Iglesias (2) ABSTAIN: None (0) ABSENT: None (0) 60B. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE PARCEL MAP NO. 2018-02 (COUNTY MAP NO. 2016-165) TO COMBINE TWO LOTS INTO ONE AND CREATE TWO UNITS FOR CONDOMINIUM PURPOSES AT 2110, 2114, AND 2020 EAST FIRST STREET - JOY HENDRICKS, APPLICANT {STRATEGIC PLAN NO. 3, 2; 5, 31 - Planning and Building Agency MOT/ON: It is recommended that the City Council receive and file the staff report approving Tentative Parcel Map No. 2018-02 as conditioned. Councilmember Sarmiento motioned to receive and file item 60B, seconded by Councilmember Solorio. MOTION: Councilmember Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS Mayor Pulido, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) Mayor Pro Tern Villegas, Councilmember Iglesias (2) None (0) None (0) DRAFT CITY COUNCIL MINUTES 23 August 20, 2019 1 OB-23 75A. PUBLIC HEARING -APPROVE ORDINANCE AMENDMENT NO. 2019-01 TO AMEND CERTAIN SECTIONS OF CHAPTERS 18, 21, AND 40 OF THE SANTA ANA MUNICIPAL CODE ALLOWING VERTICAL AND HORIZONTAL INTEGRATION OF CANNABIS BUSINESSES; UPDATING OWNERSHIP TRANSFERS, PROCEDURAL STANDARDS AND REQUIREMENTS, SECURITY DEPOSITS, AND VARIOUS ADMINISTRATIVE PROCESSES; UPDATING AND STREAMLINING REGULATORY COMPONENTS; REDUCING CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS; ADOPTING A CANOPY MEASUREMENT AND SQUARE FOOTAGE ALLOCATION SERVICE FEE; AND AUTHORIZING AMENDMENT OF THE COMMERCIAL CANNABIS OPERATING AGREEMENT TEMPLATE {STRATEGIC PLAN NO. 3, 2; 3, 3; 3, 5; 4, 3) - Planning and Building Agency and Finance and Management Services Agency Legal Notice published in the Orange County Reporter August 9, 2019 and August 16, 2019. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII, AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL INTEGRATION (SECTIONS 21-131.2 AND 21-142); REDUCTION IN THE GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES, DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS, CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT REQUIREMENTS (SECTION 21- 133); AND REDUCTION OF SECURITY DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL REQUIREMENTS (SECTIONS 21- 80, 21-80.1, 21-86 AND 21-136) Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS TO UPDATE AND STREAMLINE IMPLEMENTATION OF COMMERCIAL CANNABIS, INCLUDING MEDICINAL CANNABIS PURCHASING AGE (SECTION 18-613), EMPLOYEE BADGES (SECTIONS 18-613 AND 40- 8), MANUFACTURING PERMIT REQUIREMENTS DRAFT CITY COUNCIL MINUTES 24 August 20, 2019 1 OB-24 (SECTION 40-8), AND ADMINISTRATION AND IMPLEMENTATION AMENDMENTS (SECTIONS 18- 617.5, 40-1, 40-2, 40-5, 40-8, 40-9.1, AND 40-10) 3. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR TESTING LABORATORIES FROM FIVE (5%) PERCENT TO TWO (2%) PERCENT 4. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CANOPY MEASUREMENT SERVICE FEE AND AN ALLOCATED SQUARE FOOTAGE MEASUREMENT SERVICE FEE 5. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AMENDMENT OF THE COMMERCIAL CANNABIS OPERATING AGREEMENT TEMPLATE TO IDENTIFY SOCIAL EQUITY GOALS, AND REQUIREMENTS AND SPECIFY REQUIREMENTS FOR COMMUNITY BENEFIT AND SUSTAINABLE BUSINESS PRACTICES PLANS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CANNABIS OPERATING AGREEMENTS Mayor Pro Tern Villegas opened the public hearing at 7:06 p.m. Iall:]I[+ZKe]JAIJi1:1►11 Brandon Sisco spoke in support of the item. Claudio Gallegos spoke in support of the item. Arya Maghbouleh spoke in support of the item. Will Emrick spoke in support of the item. Arturo Sanchez spoke in support of the item. Jillian Farrugia spoke in support of the item. Erica Gardea spoke in support of the item. Melahat Rafie spoke in support of the item. Mayor Pro Tern Villegas closed the public hearing at 7:24 p.m. DRAFT CITY COUNCIL MINUTES 2S August 20, 2019 1 OB-25 Councilmember Sarmiento motioned to adopt 75A as amended to reduce the test labs taxes from five (5) to one (1) percent and exclude the resolution agreement template to identify social equity goals, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Councilmember Iglesias (1) ABSTAIN: Mayor Pulido (1) ABSENT: None (0) 75B. PUBLIC HEARING — ADOPT A RESOLUTION FOR RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS {STRATEGIC PLAN NO. 5, 4) — Planning and Building Agency Legal Notice published in the Orange County Reporter on August 9, 2019 and notices mailed on said date. MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE AND FORWARDED TO THE COUNTY AUDITOR, COUNTY ASSESSOR, AND COUNTY TAX COLLECTOR Seeing no one wishing to speak, Mayor Pulido opened and closed the public hearing at 8:54 p.m. Mayor Pro Tern Villegas motioned to adopt item 75B, seconded by Councilmember Sarmiento. MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) DRAFT CITY COUNCIL MINUTES 26 August 20, 2019 1 OB-26 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO REVIEW THE MEMBERSHIP OF BOARDS AND COMMISSIONS — Councilmember Iglesias Council Member Iglesias requested that staff bring back to Council the process and options for a vacant Council seat and review the appointments for Ward 4. Councilmember Penaloza nominated Alberta Christi to the Historic Resources Commission. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO REVIEW PROPOSED REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ALLOCATION METHODOLOGY BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) — Councilmember Iglesias Council Member Iglesias announced the two public hearings that will be held by the Southern California Association of Governments, and requested that staff provide the information on the city's website to encourage public participation at the hearings. 85C. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO FORM A CHARTER REVIEW COMMITTEE TO MAKE AMENDMENTS TO THE CITY CHARTER — Councilmember Penaloza Council Member Penaloza requested that staff form a charter review committee to consider amendments. Iall,.]I[NZKe7JIIdl1:11►11 Chris Schmidt spoke in support of the item. 85D. DISCUSS AND CONSIDER DIRECTING CITY MANAGER AND CITY ATTORNEY TO EVALUATE POTENTIAL ENFORCEMENT ACTIONS AND REMEDIES RELATED TO NUISANCE CONDITIONS RESULTING FROM MENTAL HEALTH ASSOCIATION OF ORANGE COUNTY'S OPERATIONS ON MAIN STREET — Councilmember Sarmiento DRAFT CITY COUNCIL MINUTES 27 August 20, 2019 1 OB-27 Council Member Sarmiento requested for report to evaluate potential enforcement actions and remedies related to nuisance conditions resulting from mental health association of Orange County's operations on Main Street. PUBLIC COMMENT Chris Schmidt spoke in support of the item. PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). Paul Berry spoke regarding supporting immigrants. Jorge Rodriguez spoke regarding in support of street improvements and ribbon cutting of inaguration. Irene Bautista spoke regarding in support of improvements with the four installments of the four roundabouts. Fatima Paque spoke in support of the installations of the four roundabouts in the Lacey neighborhood with the presence of Councilmember Penaloza a part of the inauguration. Kuananari Morales spoke regarding the support of roundabout. Vincent Navarrete spoke in support of the installations of the roundabout. Milton Linares spoke regarding the support of increase of police. Pedro Cesar Salgado spoke regarding the support of increase of police. Venancio Chavez spoke regarding being a victim of towing company theft. Marco Bello spoke regarding the safety and concerns of the Downtown Civic Center. Byron Lopez spoke regarding preserving Willowick and in opposition of any developments. Nabor Palomino spoke regarding preserving Willowick and in opposition of any developments. Marlha Sanchez spoke regarding preserving Willowick and requested that developers work with the residents. Sean Drexler spoke regarding preserving Willowick and in opposition of any developments. DRAFT CITY COUNCIL MINUTES 28 August 20, 2019 1 OB-28 Nina Baldwin spoke regarding preserving Willowick and in opposition of any developments. Robert Escandon, with RiseUp Willowick, spoke regarding preserving Willowick and in opposition of any developments. Cynthia Guerra spoke regarding preserving Willowick and in opposition of any developments. Jessie Lopez spoke regarding preserving Willowick and in opposition of any developments. Karen Rodriguez spoke regarding preserving Willowick and in opposition of any developments. Dale Helvig spoke regarding preserving Willowick and in opposition of any developments. Carlo Bonanni spoke regarding the safety concerns of bike trails and railroad tracks. Manny Escamilla spoke in support of open space and regional parks. Chris Schmidt spoke regarding the safety concerns throughout the city. 90A. CITY MANAGER'S COMMENTS City Manager Kristine Ridge provided brief comments. 90B. CITY COUNCILMEMBER COMMENTS 1. AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 2. ORAL REPORTS FROM STANDING OR AD -HOC CITY COUNCIL a. Legislative Affairs, Ethics and Transparency Committee, Chair Solorio - 7/29/2019 b. Youth, Education, and Community Services Committee, Chair Villegas - 7/29/2019 C. Economic Development Infrastructure, Budget and Technology Committee, Chair Solorio - 8/12/2019 Council Member Solorio provided a brief report and made announcements. DRAFT CITY COUNCIL MINUTES 29 August 20, 2019 1 OB-29 Council Member Penaloza provided a brief report and made announcements. Council Member Iglesias provided a brief report and made announcements. Council Member Sarmiento provided a brief report and made announcements. Mayor Pro Tern Villegas provided a brief report and made announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, September 3, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourned Meeting in Memory of Former City Employee Bruce Dunams at 10:27 p.m. Daisy Gomez, Clerk of the Council DRAFT CITY COUNCIL MINUTES 30 August 20, 2019 1 OB-30