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HomeMy WebLinkAbout2019-07-16 RegularFINAL MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 16, 2019 CLOSED SESSION MEETING REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL - JULY 16, 2019 CALL TO ORDER Mayor Pro Tem Villegas called the Closed Session to order at 5:18 p.m. Councilmember Solorio joined the meeting at 5:22 p.m. Mayor Pulido joined the meeting at 5:27 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tem Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS - None. Mayor Pro Tem Villegas recessed the meeting to room 147 at 5:19 p.m. to discuss Closed Session Items 1-3 as listed on the agenda: CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A) Alex Tran, et al. v. Elias Martinez, Jr., et al., OCSC Case No. 30-2017- 00945774-CU-PA-CJC FINAL CITY COUNCIL MINUTES 1 JULY 16, 2019 B) City of Santa Ana v. Alda South, LLC et al., Orange County Superior Court Case No. 30-2017-00938576 2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of Section 54956.9 of the Government Code: One case. 3. 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) Service Employees' International Union (SEIU) Full - Time Employees 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. MAYOR PULIDO ADJOURNED CLOSED SESSION AT 6:25 P.M. AND RECONVENED TO THE REGULAR OPEN SESSION MEETING AT 6:26 P.M. FINAL CITY COUNCIL MINUTES 2 JULY 16, 2019 REGULAR OPEN MEETING Mayor Pulido called the Regular Open Session to order at 6:26 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 vacant. PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION DOUG HARDIN, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS 1. SPECIAL PRESENTATION — Update on recent earthquake activity and preparedness by Orange County Fire Authority Division Chief James Henery. 2. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing the Friends of Santa Ana Zoo for their contributions to the community. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS Dale Helvig requested City Council to consider parking requirements on all future projects. CONSENT CALENDAR • Councilmember Sarmiento pulled Item 11A to recuse himself due to an economic interest within the transit zone area, dissented on 19C, and pulled 25C for separate discussion. FINAL CITY COUNCIL MINUTES 3 JULY 16, 2019 • Councilmember Iglesias, pulled Agenda Items 19C, 25G and 25H for separate discussion. MOTION: Approve staff recommendations on the following Consent Calendar items: Items 11 A through 25H with the following exceptions. • Councilmember Sarmiento pulled Item 11A to recuse himself due to an economic interest within the transit zone area, dissented on 19C, and pulled 25C for separate discussion. • Councilmember Iglesias, pulled Agenda Items 19C, 25G and 25H for separate discussion. 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) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Sarmiento abstained from 11A. ADMINISTRATIVE MATTERS 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 ADOPTING ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS APPLICABLE WITHIN THE TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) ZONING DISTRICT — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3, 2; 5, 3){STRATEGIC PLAN NO. 5, 1)— Planning and Building Agency FINAL CITY COUNCIL MINUTES 4 JULY 16, 2019 Placed on first reading at the July 2, 2019 City Council meeting and approved by a vote of 4-0 (Sarmiento absent and Pulido abstained). Published in the Orange County Reporter on July 5, 2019. Councilmember Sarmiento pulled Item 11A to recuse himself due to an economic interest within the transit zone area. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2970 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ZONING ORDINANCE AMENDMENT NO. 2019-03 AMENDING SECTIONS 41-2009, 41-2010, 41-2011, 41-2012, 41- 2013, 41-2014, 41-2015, 41-2020, 41-2021, 41-2022, 41-2023, 41-2024, 41- 2025, 41-2026, 41-2027, 41-2028, 41-2029, 41-2030, 41-2031, and 41-2032 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING This Consent — Motion was approved. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE ROXANA SANCHEZ TO SERVE ON THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION AS THE SANTA ANA UNIFIED SCHOOL DISTRICT REPRESENTATIVE FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 — Clerk of the Council Office MOTION: Appoint Roxana Sanchez to the Community Redevelopment and Housing Commission for a partial -term expiring December 8, 2020 as the Student Representative. This Consent — Motion was approved. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) —City Attorney's Office 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: FINAL CITY COUNCIL MINUTES 5 JULY 16, 2019 A) Alex Tran, et al. v. Elias Martinez, Jr., et al., OCSC Case No. 30-2017- 00945774-CU-PA-CJC MOTION: City Council approved a settlement in the amount of $65,000 by a vote of 5-1 (Iglesias dissented; Agreement No. 2019-110). Councilmember Sarmiento motioned to approve, seconded by Mayor Pro Tern Villegas. I14[611111910 VOTE: Councilmember SECOND: Mayor Pro Tern Villegas Sarmiento AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) B) City of Santa Ana v. Alda South, LLC et al., Orange County Superior Court Case No. 30-2017-00938576 MOTION: City Council approved a final payment for the acquisition of property in the settlement of goodwill in the amount of $275,000 by a vote of 6-0 (Agreement No. 2019-111). Councilmember Solorio motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION VOTE Councilmember SECOND: Mayor Pro Tern Villegas Solorio 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) FINAL CITY COUNCIL MINUTES 6 JULY 16, 2019 19B. EXCUSED ABSENCES — None. 19C. APPROVE DESTRUCTION OF PUBLIC WORKS AGENCY OBSOLETE CITY RECORDS AS OUTLINED IN RESOLUTION 2013-014 {STRATEGIC PLAN NO. 5, 1) — Public Works Agency Councilmember Penaloza motioned to approve recommendation, seconded by Mayor Pro Tem Villegas. MOTION: Approve the requests for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City 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. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Penaloza, Councilmember Solorio (4) NOES: ABSTAIN: ABSENT: BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Councilmember Iglesias, Sarmiento (2) None (0) None (0) Councilmember 20A. APPROVE APPROPRIATION ADJUSTMENTS AND AWARD A CONSTRUCTION CONTRACT TO C.S. LEGACY CONSTRUCTION, INC., IN THE AMOUNT OF $990,743 FOR THE CENTER STREET URBAN GREENING PROJECT, FOR A TOTAL DELIVERY COST OF $1,238,430 (PROJECT NO. 17-2674) {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency and Parks, Recreation and Community Services Agency FINAL CITY COUNCIL MINUTES 7 JULY 16, 2019 MOTION. 1. Approve appropriation adjustments. (Requires five affirmative votes). a. APPROPRIATION ADJUSTMENT NO. 2020-008 - Recognizing $420,000 in Residential Development District 4 prior year fund balance and appropriating the same amount into the District 4 Acquisition & Development expenditure account. b. APPROPRIATION ADJUSTMENT NO. 2020-008 - Recognizing $53,942 in Capital Outlay prior year fund balance and appropriating the same amount into the Park Improvements expenditure account. c. APPROPRIATION ADJUSTMENT NO. 2020-008 - Recognizing $93,045 in Parks, Recreation and Community Services Agency Fee & Donation (Carnival Revenue) prior year fund balance and appropriating the same amount into the Parks, Recreation and Community Services Agency Fee & Donation expenditure account. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $990,743, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Center Street Urban Greening Project, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,238,430, which includes $990,743 for the construction contract; $148,612 for contract administration, inspection, and testing; and a $99,075 project contingency (approximately 10% of the construction contract amount), paid with State of California Natural Resources Agency grant, District 4 Acquisition & Development funds, Capital Outlay funds, and Parks, Recreation and Community Services Agency Fee & Donation funds. This Consent — Motion was approved. PROJECTS/CHANGE ORDERS FINAL CITY COUNCIL MINUTES 8 JULY 16, 2019 23A. AMEND THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM AND AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., IN THE AMOUNT OF $495,750 FOR THE LOCAL STREET CURB RAMP IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $619,708 (PROJECT NO 20-7532) {STRATEGIC PLAN NOS. 6, 1B AND 1G} - Public Works Agency MOTION: Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program adding the Local Street Curb Ramp Improvements Project and $620,000 in Community Development Block Grant funding. 2. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $495,750, for construction of the Local Street Curb Ramp 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. Approve the Project Cost Analysis for a total estimated construction delivery cost of $619,708, which includes $495,750 for the construction contract, $74,383 for contract administration, inspection and testing, and a $49,575 project contingency (approximately 10% of the construction contract amount), paid with Community Development Block Grant funding. This Consent — Motion was approved. 23B. AWARD CONSTRUCTION CONTRACT TO ARNAZ ENGINEERING CONTRACTORS, INC. FOR THE CIVIC CENTER STORMWATER LIFT STATIONS PROJECT ESTIMATED DELIVERY COST: $1,330,000 (PROJECT NO 17-2675) {STRATEGIC PLAN NOS. 6, 1 C & 1 G} - Public Works Agency; and Parks, Recreation and Community Services Agency MOTION: Award a contract to Arnaz Engineering Contractors Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,022,000, for construction of the Civic Center Stormwater Lift Stations 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. CITY COUNCIL MINUTES 9 JULY 16, 2019 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,330,000, which includes $1,022,000 for the construction contract, $153,300 for contract administration, inspection, and testing, and a $154,700 project contingency (approximately 15% of the construction contract amount) paid with Civic Center Capital Project funding. This Consent — Motion was approved. AGREEMENTS 25A. APPROVE A MEMORANDUM OF UNDERSTANDING WITH CO -LOCATED PARTNER ORGANIZATION HOME OWNERSHIP OC AT THE WORK CENTER AND AUTHORIZE REIMBURSEMENT FROM PARTNER IN THE ESTIMATED AMOUNT OF $22,117 FOR TERM EXPIRING JUNE 30, 2022 {STRATEGIC PLAN NO. 2, 4} -Community Development Agency Workforce Development Board approved the recommended action at its regular meeting on May 16, 2019, by a vote of 13-0 (Alegre, Baetz, Korthuis, and Smith absent). MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board and Home Ownership OC, which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a term beginning August 1, 2019 to June 30, 2022 in the estimated amount of $22,117, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-112). 2. Authorize the City Manager and Clerk of the Council to execute non - substantive amendments such as adjustments of shared operational expenses during the term of the Memorandum of Understanding. This Consent — Motion was approved. 25B. APPROVE AMENDMENT TO LOAN AGREEMENT WITH SANTA ANA VILLAGE L.P. FOR THE SANTA ANA VETERANS VILLAGE PROJECT LOCATED AT 3312 WEST FIRST STREET IN THE AMOUNT OF $124,383 (GRANT FUNDED) {STRATEGIC PLAN NOS. 5, 3A; 5, 3C} - Community Development Agency FINAL CITY COUNCIL MINUTES 10 JULY 16, 2019 MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment to the loan agreement with Santa Ana Village, L.P. for an additional $124,383 in HOME Investment Partnerships Program funds for a total loan amount not to exceed $477,346, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-113). This Consent — Motion was approved. 25C. APPROVE AN AMENDMENT TO THE AGREEMENT WITH STANTEC IN THE AMOUNT OF $45,620 TO CONDUCT A STORMWATER FUNDING FEASIBILITY STUDY, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $230,620 (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1H)— Public Works Agency Councilmember Sarmiento motioned to approve recommendation, seconded by Mayor Pro Tern Villegas. MOTION: Authorize the City Manager and Clerk of the Council to amend the Scope of Work for the agreement with Stantec which commenced on July 3, 2018 and is scheduled to terminate on July 2, 2021 with provision for two 1-year extensions, in order to conduct a stormwater funding feasibility study and increase the compensation by an amount not to exceed $45,620, for a total agreement amount not to exceed $230,620 in the Water Admin/Engineering fund, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-114). MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Sarmiento 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) FINAL CITY COUNCIL MINUTES 11 JULY 16, 2019 25D. APPROVE COOPERATIVE REIMBURSEMENT AGREEMENT WITH THE CITY OF COSTA MESA FOR MACARTHUR BOULEVARD IMPROVEMENTS (PROJECT NO. 20-6953) {STRATEGIC PLAN NO. 6, 1 B, 1 C, 1 G } — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a cooperative reimbursement agreement with the City of Costa Mesa for the MacArthur Boulevard Improvements Project, in an amount not to exceed $64,568.40, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-115). This Consent — Motion was approved. 25E. APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., IN THE AMOUNT OF $102,000 FOR SPILL RESPONSE, STORM DRAIN FACILITY CLEANING, CRIME SCENE CLEANUP, AND JAIL CELL DECONTAMINATION SERVICES FOR A NEW TOTAL AGREEMENT AMOUNT OF $1,222,000 {STRATEGIC PLAN NO. 6, 1 C} — Public Works Agency and Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a second amendment to the Agreement with Ocean Blue Environmental Services, Inc., to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $57,000, and increase the annual expenditure amount for the optional one-year extension term ending June 19, 2021, by $45,000, if exercised, for a total increase of $102,000, for a new total agreement amount of $1,222,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-116). This Consent — Motion was approved. 25F. AWARD AGREEMENTS TO PROJECT PARTNERS, INC., INTERWEST CONSULTING GROUP, PENCO ENGINEERING, INC., GKASSOCIATES, AND TRANSTECH FOR ENGINEERING AND TECHNICAL SUPPORT SERVICES FOR UP TO FIVE YEARS, FOR A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $2,500,000 {STRATEGIC PLAN NO. 6, 1C) — Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute five agreements with the firms listed below to provide engineering, technical, and administrative support services, for a three-year period commencing July 16, 2019, and expiring July 15, 2022, with a provision for one, two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $2,500,000 for the five contracts combined, for the term of the contract, including the optional renewal, subject to non -substantive changes approved by the City Manager and the City Attorney: FINAL CITY COUNCIL MINUTES 12 JULY 16, 2019 1. Project Partners (AGMT. No. 2019-117-01); 2. Interwest Consulting Group, Inc. (AGMT. No. 2019-117-02); 3. Penco, a Cannon Company (AGMT. No. 2019-117-03); 4. GK & Associates (AGMT. No. 2019-117-04) and 5. Transtech Engineers, Inc. (AGMT. No. 2019-117-05) In order to provide the best services to the City, staff will endeavor to distribute work equally among the five consultants, but reserves the right to assign more work to one or more consultants over another based on type of support position required, availability of staff, and performance, among other factors. This Consent — Motion was approved. Mayor Pro Tern Villegas motioned to approve recommendations for Item 25G and 25H, seconded by Councilmember Sarmiento. 25G. APPROVE A SIX-MONTH EXTENSION TO SECOND AMENDED AGREEMENT FOR PARAMEDIC/MEDICAL BILLING AND COLLECTION SERVICES WITH WITTMAN ENTERPRISES, LLC FOR UP TO $200,000 {STRATEGIC PLAN NO. 7, 5F} — Finance and Management Services Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a six-month extension to the second amended agreement with Wittman Enterprises, LLC, ("Wittman") effective July 1, 2019 through December 31, 2019, extending the current two-year agreement that expired on June 30, 2019, for an amount of $200,000 subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-118). 25H. APPROVE AGREEMENT WITH AMERICAN CAPITAL ENTERPRISES, INC. AND SECOND AMENDMENT WITH PENNCREDIT FOR COLLECTION AGENCY SERVICES {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Agency RECOMMENDED ACTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with American Capital Enterprises, Inc. for a five-year period effective July 1, 2019 through June 30, 2024, for referral of delinquencies beginning July 1, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-119). FINAL CITY COUNCIL MINUTES 13 JULY 16, 2019 2. Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with PennCredit for a two-year period effective July 1, 2019 through June 30, 2021, for referral of existing delinquent accounts placed prior to June 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-120). MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tern Villegas 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) END OF CONSENT CALENDAR Mayor Pulido made an announcement regarding Item 75A. ADMINISTER OATH OF OFFICE TO ROXANA SANCHEZ, COMMUNITY REDEVELOPMENT AND HOUSING COMMISSIONER: BUSINESS CALENDAR RESOLUTIONS 55A. APPROVE AN APPROPRIATION ADJUSTMENT; ADOPT A RESOLUTION AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN ADDING THE POSITION OF CORRECTIONAL MANAGER (NON -SWORN) AND DELETING THE POSITION OF CORRECTIONAL MANAGER; AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE MANAGEMENT ASSOCIATION (SAPMA) {STRATEGIC PLAN NO. 7, 4, & 6) - Human Resources Department FINAL CITY COUNCIL MINUTES 14 JULY 16, 2019 AMENDED MOTION: Continue Item 55A to the next meeting in August. MOTION: Councilmember SECOND: Mayor Pulido Solorio 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) ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET (STRATEGIC PLAN NOS. 3, 2; 5, 31 — Community Development Agency; and Planning and Building Agency Planning Commission approved recommended action on June 4, 2018 by a vote of 4-1 (Bacerra dissented). PUBLIC COMMENT • Lisa Pedersen spoke in support of item. • Elizabeth Hansburg on behalf of People for Housing Orange County, spoke in support of item. • Kimberly Adams spoke in support of item. • Jonathan Gibson spoke in support of item. • Isuri Ramos on behalf of the Kennedy Commission, spoke in support of item. • A motion was made by Councilmember Solorio; seconded by Councilmember Sarmiento with comment. However, after discussion, Councilmember Solorio withdrew his motion. • Michael Massey, Chief Development Officer, representing Jamboree Housing addressed City Council regarding parking management concerns. • Laura Archuletta, President and Chief Executive Officer of Jamboree Housing, provided a brief presentation. • Councilmember Solorio withdrew his motion. FINAL CITY COUNCIL MINUTES 15 JULY 16, 2019 MOTION: 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 ll, 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 (A GMT. No. 2019 X)OO. MOTION: VOTE Motion failed. . VII1100 Councilmember SECOND: Councilmember Penaloza Sarmiento AYES: Councilmember Penaloza, Councilmember Sarmiento (2) NOES: Mayor Pulido None, Mayor Pro Tern Villegas, Councilmember Iglesias (3) ABSTAIN: Solorio (1) ABSENT: None (0) 65A. CONSIDER AN APPROPRIATION ADJUSTMENT TO APPROPRIATE $399,606 OF NEW GENERAL FUND MONEY FROM UNCLAIMED DEPOSITS {STRATEGIC PLAN NO. 4,1) - Finance and Management Services Agency Councilmember Iglesias requested staff to focus on senior services, music programs for youth, and paid internship programs for youth. Mayor Pro Tern Villegas requested funds to be allocated to senior programs. Councilmember Penaloza requested allocation of funds towards census outreach. Mayor Pulido in support of allocation of funds of $50,000 or more towards census outreach. Councilmember Solorio provided direction to staff regarding allocation of funds to various programs. FINAL CITY COUNCIL MINUTES 16 JULY 16, 2019 Councilmember Sarmiento echoed colleagues' requests along with allocation of funds to address deteriorating park restrooms. PUBLIC COMMENT Thomas Gordon expressed concern as to City's efforts to address homeless issues. MOTION AMENDED: to approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-011 - Approve an Appropriation Adjustment of $399,606, to appropriate newly recognized General Fund money in the service program(s) and amounts selected by City Council as follows: • Census Outreach Efforts - $99,000 • Senior Services Programs - $ 100,000 • Quality of Life Team - $100,000 • Additional Youth Programing, Newhope Library and Park Restroom Maintenance - $100,000 MOTION: VOTE PUBLIC HEARINGS Councilmember SECOND: Mayor Pulido Solorio 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) Discussion of Item 75A taken out of order. 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 FINAL CITY COUNCIL MINUTES 17 JULY 16, 2019 CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS; AND ADOPTING A CANOPY MEASUREMENT AND SQUARE FOOTAGE ALLOCATION SERVICE FEE {STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 31 - Planning and Building Agency and Finance and Management Services Agency Legal Notice published in the Orange County Reporter on July 5, 2019 and July 12. 2019. Mayor Pulido and Councilmember Sarmiento recused themselves from discussion of Business Item 75B; and discussion of item taken out of order. AMENDED MOTION: To continue Item 75A to the next meeting in August. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Solorio (3) NOES: None (0) ABSTAIN: Mayor Pulido and Councilmember Sarmiento (2) ABSENT: Councilmember Iglesias (1) Amended motion failed. 75B. PUBLIC HEARING - APPEAL APPLICATION NO. 2019-02 FILED BY FIEDLER GROUP ON BEHALF OF 7-ELEVEN INC. (PROJECT APPLICANT) PERTAINING TO CONDITIONAL USE PERMIT NO. 2019-12 AND TO CONSIDER A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2017-140) AND AMENDMENT APPLICATION NO. 2019-02 TO PERMIT THE ESTABLISHMENT AND CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND GAS STATION AT 1904 WEST FIRST STREET AND TO CHANGE THE ZONING DESIGNATIONS OF THE PROPERTIES AT 1904, 1910 AND 1916 WEST FIRST STREET AND AT 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. 3, 21 - Planning and Building Agency On June 10, 2019, the Planning Commission by a vote of 7-0 approved the Conditional Use Permit (CUP) and the Variance and recommended approval of the Mitigated Negative Declaration (MND) and zone change and added conditions to CUP as reflected in staff report. Legal FINAL CITY COUNCIL MINUTES 18 JULY 16, 2019 Notice published in the Orange County Reporter on July 5, 2019 and notices mailed on said date. Mayor Pulido opened the public hearing at 8:27 p.m. Note: Correspondence received and on file. Mayor Pulido reopened the public hearing at 8:28 p.m., and the following speakers addressed council: David Benavides in support of denying appeal. Ben Steckler addressed City Council to request approval of appeal of the second requirement to have security on the premises. Diego Zarate unsupportive of item. Chris Rodriguez addressed City Council to express concerns. Sherri Olson asking council to support their store without the condition of security guards, since they have security measures in place. City Manager Kristine Ridge clarified the motion based on council discussion. Councilmember Sarmiento motioned to adopt as amended, seconded by Mayor Pulido. Councilmember Penaloza moved for substitute motion. Discussion and vote of substitute motion considered prior to the vote on the amended motion. SUBSTITUE MOTION: It is recommended that the City Council take the following actions: Adopt a resolution to amend with the condition of placing a six-month review period to determine if a security guard is required after consulting with Police Department, the neighborhood association, and local non-profit organizations. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-02 OF THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET AND UPHOLDING GRANTING OF THE CUP WITH THE ADDITIONAL TWO CONDITIONS FOR THE HEALTH, SAFETY AND FINAL CITY COUNCIL MINUTES 19 JULY 16, 2019 GENERAL WELFARE OF THE COMMUNITY 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET 3. Place ordinance on first reading and authorize publication of title. 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 (C1) TO GENERAL COMMERCIAL (C2) MOTION: Councilmember SECOND: Councilmember Iglesias Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias (2) NOES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN: None (0) ABSENT: None (0) Substitute motion failed; and original amended motion considered and passed. AMENDED MOTION: It is recommended that the City Council take the following actions: 1. Adopt a resolution with the condition of placing security guard for a six- month review period and authorize staff to negotiate the hours for security FINAL CITY COUNCIL MINUTES 20 JULY 16, 2019 guard after consulting with Police Department, the neighborhood association, and local non-profit organizations. AMENDED RESOLUTION NO. 2019-066 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-02 OF THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019712 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET AND UPHOLDING GRANTING OF THE CUP WITH THE ADDITIONAL TWO CONDITIONS FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY 2. Adopt RESOLUTION NO. 2019-067 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019- 01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2971 - 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) MOTION: Councilmember SECOND: Mayor Pulido Sarmiento VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Councilmember Penaloza, Councilmember Iglesias (2) ABSTAIN: None (0) ABSENT: None (0) FINAL CITY COUNCIL MINUTES 21 JULY 16, 2019 75C. PUBLIC HEARING —REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS (STRATEGIC PLAN NO. 5, 61 - Public Works Agency Legal Notice published in the Orange County Reporter on July 5, 2019. Mayor Pulido opened the Public Hearing at 9:12 p.m. There were no speakers and the Hearing closed. Water Resources Manager Nabil Saba provided council with a brief presentation. MOT/ON: Receive and file the report on Water Quality Relative to Public Health Goals. MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tem Villegas 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) 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 PROVIDE DIRECTION, IF ANY, TO CITY MANAGER REGARDING OC STREETCAR PROJECT AND TRANSIT -ORIENTED DEVELOPMENT OPPORTUNITIES AROUND PROPOSED PROJECT STATIONS, INCLUDING THE WILLOWICK STATION AREA AND PROPERTY — Councilmember Solorio Councilmember Solorio directed staff to provide City Council with OC Streetcar Project review and surrounding transit development. FINAL CITY COUNCIL MINUTES 22 JULY 16, 2019 COMMENTS PUBLIC COMMENTS (Non -Agenda Items). • John Raya and Mary Lara, addressed City Council to extend invitation to TKO's recognition ceremony on July 21, 2019. • Mayor Pulido requested staff to place the TKO recognition Ceremony event on councilmembers' calendars. • Carl Beninger commended Santa Ana Police Department for their efforts in responding to neighborhood incident, thanked staff for addressing railroad clean-up, and expressed concern with lack of funds for tree maintenance. • Councilmember Penaloza directed City Manager to address tree concerns. • Chris Schmidt echoes Carl Beninger's request for additional tree maintenance funds. Also, spoke in support of creating new libraries and increasing library staff. • Ellen Koldeway addressed City Council to express recommendations to operations to Boards and Commissions and updating gift limitations. 90A. CITY MANAGER'S COMMENTS City Manager Ridge informed City Council of upcoming Shakespeare by the Sea performance at Birch Park on Thursday, July 25th; Street Breakfast event held on Sunday, July 28th; Blessing of the City to be held on Saturday, August 4th in honor of the City's 150th Anniversary; and provided City Council with update on medium enhancement efforts. 90B. CITY COUNCILMEMBER COMMENTS • Councilmember Penaloza reported on attendance at Independence Day event, appointment to Orange County Housing Finance Trust, and opening of Benchmark restaurant. • Councilmember Solorio directed staff to provide update on parking management study, inquired about a past pilot median program highlighting California friendly landscape, noted upcoming attendance to the Santa Anita Neighborhood Association meeting to speak on the redevelopment of Willowick, and congratulated Public Works Agency staff for receiving a grant. FINAL CITY COUNCIL MINUTES 23 JULY 16, 2019 • Councilmember Iglesias reported attendance at Police Department simulator facility and the 4th of July celebration event. Directed staff to introduce a parade at the next 4th of July event and to address Ward 4 appointments at the next City Council meeting. Councilmember Sarmiento welcomed Daisy Gomez, Clerk of the Council; going forwarded requested public comments to be heard at the beginning of meeting; thanked Police Chief and department this past week for the Nixle messaging; and thanked Public Works Agency director and staff for expediting applications. • Mayor Pro Tern Villegas thanked Santa Ana Police Department for their efforts in assisting pool -drowning incident that occurred over the weekend. Congratulated 11 Orange County Fire Authority Explorers who will be graduating this coming weekend. ADJOURNED 9:54 P.M. - The next regular meeting scheduled for August 6, 2019 has been canceled. The next meeting of the City Council will be held on Tuesday, August 20, 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. Daisy Gomez Clerk of the Council FINAL CITY COUNCIL MINUTES 24 JULY 16, 2019