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HomeMy WebLinkAbout10A - MINUTES 01-21-20DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF w SANTA ANA, CALIFORNIA January 21, 2020 CLOSED SESSION MEETING CLOSED SESSION MEETING OF THE CITY COUNCIL - JANUARY 21, 202, 5:00 P.M. CALL TO ORDER - Mayor PULIDO Mayor Pro Tern Villegas called the closed session meeting at 5:15 p.m. Councilmember Bacerra and Councilmember Iglesias joined the closed session at 5:16 p.m. Mayor Pulido joined the 5:25 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio STAFF Present: PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda. Tim Johnson spoke regarding transporting inadvertently to Armory, two bus stops, read email. Councilmembers Iglesias and Bacerra joined the meeting at 5:17 p.m. Mayor Pulido 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: DRAFT CITY COUNCIL MINUTES 1 JANUARY 21, 2020 10A-1 1A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) 1 B. City of Santa Ana, People of the State of California v. Orange County Association for Mental Health DBA Mental Health Association of Orange County, et al., Orange County Superior Court Case No. 30-2020- 01124174-CU-MC-CJC 1 C. 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) 1 D. 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) 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 Cypress Avenue (APN# 404-102-06) (0.17 acres) Santa Ana, CA Owner: City of Santa Ana City Negotiators: City Manager Kristine Ridge, and Community Development Agency Director Steven Mendoza Terms: Conditions of potential disposition/sale 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. DRAFT CITY COUNCIL MINUTES 2 JANUARY 21, 2020 10A-2 REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Bacerra COUNCILMEMBERS Absent: None STAFF Present: Mayor Pulido called the regular session meeting at 6:28 p.m. PLEDGE OF ALLEGIANCE - MAYOR PULIDO u►►.czN_�r�.�►e:ir�:�_v�►i��r�1.»�yxy:r_���_�ul CEREMONIAL PRESENTATIONS 1. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM VILLEGAS recognizing the Olivos Family for their Outstanding Contributions to the Community. 2. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing the City of Santa Ana's 150th Anniversary Committee for their Outstanding Contributions to the Community. 3. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing Toys for Tots Foundation, Save Our Fields, Inc., Suavecito Pomade, and 7-11 for their Outstanding Contributions to the Community. 4. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing the organizers of Tamalada, Santa Ana's Tamale Festival, for their Outstanding Contributions to the Community. DRAFT CITY COUNCIL MINUTES 3 JANUARY 21, 2020 10A-3 5. SPECIAL PRESENTATION - Pavement Management and Street Median Update by Public Works Agency Presented by Nabil Saba, Interim Executive Director of Public Works Agency. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. The City Attorney stated there were no reportable actions PUBLIC COMMENTS — See Items 11 B, 19D, and 251 CONSENT CALENDAR MOT/ON: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L. Motion to Approve the Consent Calendar items Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L, with the exception of items 11A, 11 B, 19D, 20B, 25F, 251, 19C. Moved by Mayor Pullido, seconded by Councilmember Bacerra. Councilmember Sarmiento dissented on item 19C. moved by Councilmember Solorio seconded by Councilmember Bacerra. Councilmember Solorio motioned to approve the consent calendar items with the exception of items 11A, 11B, 19D, 20B, 25F, 251, 19C, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES DRAFT CITY COUNCIL MINUTES 4 JANUARY 21, 2020 10A-4 10A. MINUTES FROM THE REGULAR AND SPECIAL MEETINGS OF NOVEMBER 19, 2019 {Strategic Plan No. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF DECEMBER 3, 2019 {Strategic Plan No. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. 10C. MINUTES FROM THE REGULAR MEETING OF DECEMBER 17, 2019 {Strategic Plan No. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. 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 ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTIONS 34-56 (POSTAGE STAMP SUBDIVISIONS), 34-126 (APPROVAL OF TENTATIVE PARCEL MAPS BY THE ZONING ADMINISTRATOR) AND 34-127 (APPROVAL OF OTHER TENTATIVE MAPS BY PLANNING COMMISSION) TO STREAMLINE THE REVIEW PROCESS FOR TENTATIVE MAPS {STRATEGIC PLAN NO. 5, 1) — Planning and Building Agency Placed on first reading at the December 17, 2019 City Council meeting and approved by a vote of 5-1 (Iglesias dissented and Sarmiento absent). Published in the Orange County Reporter on January 10, 2020. MOTION: Place ordinance on second reading and adopt. Motion to approve recommendation Place ordinance on second reading and adopt. moved by Councilmember Bacerra seconded by Councilmember Sarmiento. Councilmember Bacerra motioned to approve recommendation, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) DRAFT CITY COUNCIL MINUTES 5 JANUARY 21, 2020 10A-5 ABSENT: None (0) This consent Item - Ordinance No. NS-2982 was approved. 11 B. ADOPT ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD- 82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS {STRATEGIC PLAN NO. 5, 11 — Planning and Building Agency Placed on first reading at the December 17, 2019 City Council meeting and approved by a vote of 4-3 (Penaloza, Sarmiento and Solorio dissented). Published in the Orange County Reporter on January 10, 2020. MOT/ON: Place ordinance on second reading and adopt. PUBLIC COMMENT: Jeremy Cogan spoke in opposition of item 11 B. Motion to Adopt Place ordinance on second reading and adopt. moved by Mayor Pro Tern Villegas seconded by Councilmember Iglesias. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Iglesias. MOTION: Mayor Pro SECOND: Councilmember Iglesias Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Bacerra (4) NOES: Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (3) ABSTAIN: ABSENT: None (0) None (None) This consent Item - Ordinance No. NS-2983 was approved. BOARDS / COMMISSIONS / COMMITTEES DRAFT CITY COUNCIL MINUTES 6 JANUARY 21, 2020 10A-6 13A. AGENDA AND MINUTES OF THE SPECIAL MEETING OF PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT CITY COUNCIL COMMITTEE, JUNE 11, 2019 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOT/ON: Receive and file. 13B. APPOINT DANNY VEGA NOMINATED BY COUNCILMEMBER IGLESIAS AS THE WARD 6 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOT/ON: Nominate Danny Vega for an appointment to the Personnel Board as the Ward 6 representative. IJ46Y�l��A_1►1xi1��y9�]Jill►16��:7_��[�7►1 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office No reportable action. 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 — Community Development Agency MOT/ON: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. Councilmember Sarmiento dissented on Item 19C. 19D. RECEIVE AND FILE — FISCAL YEAR 2018-19 COMPREHENSIVE ANNUAL FINANCIAL REPORT, RELATED AUDIT REPORTS, AND MEASURE X AGREED - UPON -PROCEDURES REPORT {STRATEGIC PLAN NO. 4, 1) — Finance and Management Services Agency MOT/ON: Receive and file the following audited and separately issued reports for the Fiscal Year ended June 30, 2019: The Auditor's unmodified "clean" opinion letter for the Fiscal Year 2018-19 Audited Financial Statements included in the Comprehensive Annual Financial Report (CAFR) 2. Government Auditing Standards (GAS) Letter 3. Audit Committee Letter DRAFT CITY COUNCIL MINUTES 7 JANUARY 21, 2020 10A-7 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed -Upon -Procedures Report PUBLIC COMMENT: Tim Johnson spoke regarding how to express recommendations, concerns for boards and commissions to bring to Council. Keith Carpenter spoke regarding how to express recommendations, concerns for boards and commissions to bring to Council. Motion to Approve the Consent Calendar items Receive and file the following audited and separately issued reports for the Fiscal Year ended June 30, 2019: moved by Councilmember Solorio seconded by Mayor Pulido. Councilmember Solorio motioned to approve the consent calendar Item 19D, seconded by Mayor Pulido. MOTION: Councilmember SECOND: Mayor Pulido Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) r_���:t.»:a_�r�.�►raan��rwla►r� 20A. APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO INTERNATIONAL LINE BUILDERS, INC., IN THE AMOUNT OF $308,059, FOR THE CITYWIDE TRAFFIC SIGNAL VEHICLE HEAD UPGRADES PROJECT, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST DRAFT CITY COUNCIL MINUTES 8 JANUARY 21, 2020 10A-8 OF $538,600 (PROJECT NO 17-6875) {STRATEGIC PLAN NOS. 6, 1 B & 1 G} - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-101 — Recognizing $538,600 in Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant -Indirect revenue account and appropriate the same amount into the Public Services -Street Safety Projects, Improvements Other Than Buildings expenditure account. 2. Award a construction contract to International Line Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $308,059, for construction of the Citywide Traffic Signal Vehicle Head Upgrades Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager 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 $538,600, which includes $308,059 for the construction contract; $70,000 for contract administration, inspection and testing; and a $160,541 project contingency for future and unanticipated work. 20B. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO ALL CITIES ENGINEERING, INC., IN THE AMOUNT OF $2,399,040, FOR THE RIVERVIEW NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $3,158,896 (PROJECT NO. 15-6453) {STRATEGIC PLAN NOS. 6, 1 B; 1C; 1G) - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-100 — Recognizing $3,158,896 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account and appropriate the same amount to the Acquisition & Construction Fund, Water Utility Capital Projects, Improvements Other Than Building expenditure account, to complete the Riverview Neighborhood Water Main Improvements Project. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to add $478,649 to the Riverview Neighborhood Water Main Improvements Project. 3. Award a construction contract to All Cities Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,399,040, for construction of the Riverview Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, DRAFT CITY COUNCIL MINUTES 9 JANUARY 21, 2020 10A-9 subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,158,896, which includes $2,399,040 for the construction contract; $359,856 for contract administration, inspection, and testing; and a $400,000 project contingency (approximately 16.7% of the construction contract amount). Motion to: 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-100 — Recognizing $3,158,896 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account and appropriate the same amount to the Acquisition & Construction Fund, Water Utility Capital Projects, Improvements Other Than Building expenditure account, to complete the Riverview Neighborhood Water Main Improvements Project. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to add $478,649 to the Riverview Neighborhood Water Main Improvements Project. 3. Award a construction contract to All Cities Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,399,040, for construction of the Riverview Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and the City Attorney. Councilmember Solorio motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 10 JANUARY 21, 2020 10A-10 20C. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO EBS GENERAL ENGINEERING, INC., IN THE AMOUNT OF $2,546,154, FOR THE GAS TAX LOCAL STREET IMPROVEMENT FY 19/20 AND FLOWER STREET SEWER MANHOLE IMPROVEMENTS PROJECTS, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $3,226,287 (PROJECT NOS. 20-6956 & 20-6437) {STRATEGIC PLAN NOS. 6, 1 B; C; AND G) - Public Works Agency Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-098 - Recognizing $2,092,796 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. b. APPROPRIATION ADJUSTMENT NO. 2020-099- Recognizing $1,133,491 from prior year fund balance in the Sanitary Sewer Capital Fund, and appropriating the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $2,092,796 in construction funds for the Gas Tax Local Street Improvements Fiscal Year 2019-20 Project. 3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $1,133,491 in construction funds for the Flower Street Sewer Manhole Improvements Project. 4. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the Base Bid and Additive Alternate 1 in the amount of $2,546,154, for construction of the Local Street Improvement FY 2019-20 and Flower Street Sewer Manhole Improvements projects, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,226,287, which includes $2,546,154 for the construction contract; $381,922 for contract administration, inspection, and testing; and a $298,211 project contingency (approximately 11.7% of the construction contract amount). SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD BLANKET ORDER CONTRACT IN THE AMOUNT OF $250,000 TO GRAINGER. INC. AND AMEND CURRENT BLANKET ORDER CONTRACT DRAFT CITY COUNCIL MINUTES 11 JANUARY 21, 2020 10A-11 ($157,000) WITH GRAINGER, INC. FOR MAINTENANCE, REPAIR AND OPERATIONS SUPPLIES (SPECIFICATION NO. 20-001) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency Award a blanket order contract to Grainger, Inc., for maintenance, repair and operations supplies for a three-year period expiring December 31, 2022, with provisions for two one-year renewal periods exercisable by the City Manager, in an annual not to exceed amount of $250,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Amend current blanket order contract amount with Grainger, Inc. (Specification 15-003) for maintenance, repair and operations supplies by $27,000 for a new total amount of $157,000 to allow for uninterrupted services through the end of the current contract term on January 31, 2020. 22B. AWARD A BLANKET ORDER CONTRACTS TO CONSUMER PIPE AND SUPPLY, S & J SUPPLY COMPANY INC., UNITED WATER WORKS, AND FERGUSON ENTERPRISES, LLC, FOR COPPER TUBING, IN AN ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $100,000 (TOTAL AGREEMENT AMOUNT NOT TO EXCEED $500,000) (SPECIFICATION NO. 19-122) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 C) - Finance and Management Services Agency and Public Works Agency MOT/ON: Award blanket order contracts for copper tubing for a two-year period, beginning February 1, 2020, and expiring January 31, 2022, with provisions for three one- year renewal options exercisable by the City Manager, in an annual aggregate amount not to exceed $100,000, for a total agreement amount not to exceed $500,000, including the optional renewals, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Consumer Pipe and Supply - Fontana S & J Supply Company Inc. - Santa Fe Springs 3. United Water Works - Santa Ana 4. Ferguson Enterprises, LLC - Santa Ana 22C. AWARD A CONTRACT IN THE AMOUNT OF $240,000 TO MOTOROLA SOLUTIONS, INC. FOR MOTOROLA 800 MHZ COMMUNICATIONS SYSTEM EQUIPMENT (SPECIFICATION NO. 19-128) {STRATEGIC PLAN NO. 1, 51 - Finance and Management Services Agency and Police Department MOT/ON: Award a blanket order contract to Motorola Solutions, Inc, for Motorola 800 MHz communications system equipment for a three-year period expiring January 20, 2022, in an amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney. DRAFT CITY COUNCIL MINUTES 12 JANUARY 21, 2020 10A-12 22D. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $489,619 TO FAIRWAY FORD SALES, INC. FOR TWELVE FORD POLICE INTERCEPTOR VEHICLES (SPECIFICATION NO. 19-135) {STRATEGIC PLAN NO. 1, 5 and 6, 21 - Finance and Management Services Agency and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc for twelve Ford Police Interceptor vehicles for the Santa Ana Police Department for a total amount not to exceed $489,619, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. AMEND PURCHASE ORDER WITH LOS ANGELES TRUCK CENTERS, LLC, FOR TWO COMPRESSED NATURAL GAS DUMP TRUCKS IN THE AMOUNT OF $458,827 (SPEC. NO. 18-070) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency and Public Works Agency MOTION: Amend the contract with Los Angeles Truck Centers, LLC, for the procurement of two additional compressed natural gas dump trucks in the amount of $448,827, plus a contingency of $10,000, for a total amount not to exceed $458,827, subject to non - substantive changes approved by the City Manager and City Attorney. 22F. APPROVE A CONTRACT AMENDMENT FOR OFFICE FURNITURE, INSTALLATION, AND RELATED SERVICES FOR NEWHOPE LIBRARY WITH THE ESTABLISHED CITY VENDORS TO INCREASE THE AGGREGATE AMOUNT BY $200,000, TO BE FUNDED BY THE CANNABIS PUBLIC BENEFIT FUND {STRATEGIC PLAN NO. 5, 6) - Finance and Management Services Agency, Library Department and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute a contract amendment for office furniture, installation and related services for Newhope Library with the established City vendors to increase the aggregate amount by $200,000 to be funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AMEND THE CONSTRUCTION CONTRACT WITH G.J. GENTRY GENERAL ENGINEERING, INC., BY $150,000, FOR A NEW CONTRACT DELIVERY TOTAL OF $1,779,500 TO CONSTRUCT THE CITYWIDE SEWER MAIN IMPROVEMENTS PROJECT (PROJECT NO. 17-6437) {STRATEGIC PLAN NOS. 6, 1 B & 1 C) — Public Works Agency MOTION: Approve an increase of $150,000 to the G.J. Gentry General Engineering, Inc, construction contract to cover costs related to unforeseen conditions encountered during construction. AGREEMENTS DRAFT CITY COUNCIL MINUTES 13 JANUARY 21, 2020 10A-13 25A. APPROVE AN AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT CITY PARKS AND FACILITIES FOR AN ANNUAL AMOUNT NOT TO EXCEED $3,646,500 TO BE FUNDED BY THE GENERAL FUND AND PARKING METER FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency and Police Department MOTION. Authorize the City Manager to execute an agreement with DMS Facility Services to provide landscape maintenance services at city parks, Police Department PAAL, and other city parking lots and sites for an annual amount not to exceed $3,646,500, which includes a 10% contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $14,586,000, to be funded by the General Fund and Parking Meter Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-001 was approved. 25B. APPROVE AN AGREEMENT WITH PCA ARBORISTS & CONSULTANTS, INC. DBA PACIFIC COAST HORTICULTURISTS TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK FOR AN ANNUAL AMOUNT OF $565,131.60 (TOTAL NOT TO EXCEED $2,260,526.40) TO BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with PCA Arborists & Consultants, Inc., dba Pacific Coast Horticulturists, to provide landscape maintenance services at the Santa Ana Zoo at Prentice Park for an annual amount not to exceed $565,131.60, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $2,260,526.40 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-002 was approved. 25C. APPROVE AN AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT THE CITY OF SANTA ANA CIVIC CENTER FOR AN ANNUAL AMOUNT OF $609,151.40 (TOTAL NOT TO EXCEED $2,436,604.60) TO BE FUNDED BY THE CIVIC CENTER FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Landscape West Management Services, Inc. to provide landscape maintenance services at the City of Santa Ana Civic Center for an annual amount not to exceed $609,151.40, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024, for a total agreement amount of $2,436,605.60 to be funded by the Civic Center Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-003 was approved. DRAFT CITY COUNCIL MINUTES 14 JANUARY 21, 2020 1 OA-14 25D. APPROVE AGREEMENTS WITH MAJOR LEAGUE INFIELDS, INC. AND PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. TO PROVIDE IN -FIELD BALL DIAMOND MAINTENANCE SERVICES AT CITY PARKS FOR AN ANNUAL AMOUNT NOT TO EXCEED $323,626.60 AND $66,595.10, (TOTAL AGREEMENT AMOUNTS OF $1,294,506.40 AND $266,380.40)TO BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. to provide in -field ball diamond maintenance services at city parks for an annual amount not to exceed $323,626.60 and $66,595.10, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for total agreement amounts of $1,294,506.40 and $266,380.40 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX and Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-004 and Agreement No. 2020-005 was approved. 25E. APPROVE AN AGREEMENT WITH PEST OPTIONS, INC. TO PROVIDE INTEGRATED PEST MANAGEMENT AND PEST CONTROL SERVICES AT CITY PARKS AND FACILITIES, SANTA ANA ZOO AND CIVIC CENTER FOR AN ANNUAL AMOUNT OF $787,593.66 (TOTAL NOT TO EXCEED $3,150,374.64) TO BE FUNDED BY THE GENERAL FUND AND CIVIC CENTER FUND {STRATEGIC PLAN NO. 6, 1 B)— Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Pest Options, Inc. tc provide integrated pest management and pest control services at city parks and facilities, Santa Ana Zoo and Civic Center for an annual amount not to exceed $787,593.66, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $3,150,374.64 to be funded by the General Fund and Civic Center Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-006 was approved. 25F. APPROVE AN AGREEMENT WITH BLUERAY MANAGEMENT, LLC. FOR MANAGEMENT AND OPERATION SERVICES OF THE AQUATICS PROGRAMS AT CITY POOLS FOR AN ANNUAL AMOUNT NOT TO EXCEED $169,467 (TOTAL AMOUNT OF $508,401) TO BE FUNDED BY THE GENERAL FUND AND CANNABIS FUND {STRATEGIC PLAN NO. 5, 61 - Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Blueray Management, LLC. for management and operation services of the aquatic programs at City pools for an annual amount not to exceed $169,467 for the period January 21, 2020 to January 20, 2021, with two, one-year renewal options, for a total agreement amount of DRAFT CITY COUNCIL MINUTES 15 JANUARY 21, 2020 10A-15 $508,401.00, to be funded by the General Fund and Cannabis Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2020-XXX). Motion to Adopt Authorize the City Manager to execute an agreement with Blueray Management, LLC. for management and operation services of the aquatic programs at City pools for an annual amount not to exceed $169,467 for the period January 21, 2020 to January 20, 2021, with two, one-year renewal options, for a total agreement amount of $508,401.00, to be funded by the General Fund and Cannabis Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) This consent Item - Agreement No. 2020-007 was approved. 25G. APPROVE A THREE-YEAR AGREEMENT FOR VOLUME LICENSING AND MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS THROUGH SOFTWARE ONE, INC. FOR AN AMOUNT NOT TO EXCEED $1,200,000 TO BE FUNDED BY THE INFORMATION TECHNOLOGY FUND {STRATEGIC PLAN NO. 7, 2D) - Information Technology Department MOTION. Approve and authorize the City Manager to execute an agreement to renew licensing solution provider agreement with Software One, Inc. for the purchase of Microsoft software licenses, for a three-year period, beginning February 1, 2020, through January 31, 2023, in the amount not -to -exceed $1,200,000, subject to non -substantive changes and approved by the City Manager and City Attorney. Authorize the City Manager to execute the Microsoft Enterprise Enrollment Agreement from February 1, 2020 to January 31, 2023 for volume licensing and maintenance (Agreement No. A-2020- XXX). This consent Item - Agreement No. 2020-008 was approved. DRAFT CITY COUNCIL MINUTES 16 JANUARY 21, 2020 10A-16 25H. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA URBAN FORESTS COUNCIL AND WEST COAST ARBORISTS, INC., FOR STREET TREE PLANTING SERVICES {STRATEGIC PLAN NOS. 6, 1 B & 1 F) — Public Works Agency MOTION: Authorize the City Manager to execute a Memorandum of Understanding with the California Urban Forests Council and West Coast Arborists, Inc., to plant trees, from February 2020 through March 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-009 was approved. 251. APPROVE AN AGREEMENT WITH IMMIGRANT DEFENDERS LAW CENTER FOR IMMIGRATION LEGAL DEFENSE SERVICES IN AN AMOUNT NOT TO EXCEED $180,000 TO BE FUNDED BY THE GENERAL FUND — City Manager's Office MOTION: Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2020 and ending October 31, 2020, in an amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). PUBLIC COMMENT - Lisa Okamoto spoke in support of the item. Motion to Approve the Consent Calendar items Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2020 and ending October 31, 2020, in an amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). moved by Councilmember Solorio seconded by Councilmember Sarmiento. Councilmember Solorio motioned to approve the consent calendar items, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Solorio VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Mayor Pro Tern Villegas (1) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 17 JANUARY 21, 2020 10A-17 This consent Item - Agreement No. 2020-010 was approved. 25J. APPROVE AN AMENDMENT TO THE AGREEMENT WITH ATHENS SERVICES, INC. TO EXERCISE A FOUR-YEAR RENEWAL TERM FOR STREET SWEEPING SERVICES FOR AN ANNUAL AMOUNT OF $1,047,222 (TOTAL NOT TO EXCEED $4,188,888) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B) — Public Works Agency MOTION. Authorize the City Manager to execute an amendment to the agreement with Athens Services, Inc., for street sweeping services for a four-year period, beginning July 1, 2020, and expiring June 30, 2024, increasing the rate to $17.63 per curb mile, for a total service cost of $952,020, plus a 10 percent contingency of $95,202, for a total annual amount not to exceed $1,047,222, and a four-year total of $4,188,888, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-011 was approved. 25K. APPROVE AN AGREEMENT WITH TETRA TECH, INC., TO PROVIDE DESIGN ENGINEERING SERVICES FOR THE FIRST STREET PEDESTRIAN IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED $439,998 (PROJECT NO. 19-6944) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1A & 1 F) — Public Works Agency MOTION. Authorize the City Manager to execute an agreement with Tetra Tech, Inc., to provide engineering consultant services for the First Street Pedestrian Improvements Project, for a one-year term beginning January 21, 2020, and expiring January 20, 2021, with an option for a one-year extension exercisable by the City Manager and City Attorney, in the amount of $399,998, plus a 10 percent contingency of $40,000, for a total amount not to exceed $439,998, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-012 was approved. 25L. APPROVE AN AGREEMENT AMENDMENT WITH ARAMARK CORRECTIONAL SERVICES IN THE AMOUNT OF $500,000 FOR INMATE FOOD AND COMMISSARY SERVICES {STRATEGIC PLAN NO 1, 3A) — Police Department MOTION. Authorize the City Manager to execute an amendment to an agreement with Aramark Correctional Services to provide inmate food and commissary services for the period of February 1, 2020 through June 30, 2020, for a total -not -to -exceed amount of $500,000 (including a $35,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-013 was approved. "END OF CONSENT CALENDAR" BUSINESS CALENDAR DRAFT CITY COUNCIL MINUTES 18 JANUARY 21, 2020 10A-18 RESOLUTIONS 55A. ADOPT A RESOLUTION SUPPORTING EXTENSIONS OF THE OC STREETCAR (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C, 413; 6, 1G) — Public Works Agency MOT/ON. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF EXTENSIONS OF THE OC STREETCAR PUBLIC COMMENTPaul Berry spoke in support of this item. Motion to Adopt RESOLUTION NO. 2020-001 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF EXTENSIONS OF THE OC STREETCAR moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to adopt, seconded by Councilmember Bacerra. MOTION: Mayor SECOND: Councilmember Bacerra Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Mayor Pulido announced that public comments on Item 85B will be taken, prior to discussion on Item 60A. ADMINISTRATIVE MATTERS - BUSINESS 60A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018- 10 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET; OR DIRECT STAFF TO PREPARE AN INITIATIVE MEASURE FOR CITY COUNCIL CONSIDERATION AT THE NEXT REGULAR MEETING {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency and City Attorney's Office Continued from the December 17, 2019 City Council meeting by a vote of 7-0 and December 3, DRAFT CITY COUNCIL MINUTES 19 JANUARY 21, 2020 10A-19 2019 City Council meeting by a vote of 7-0. Placed on first reading at the November 19, 2019 City Council meeting and approved by a vote of 4-3 (Bacerra, Pulido and Villegas dissented). Published in the Orange County Reporter on November 22, 2019. 1. Conduct second readings of the ordinances and adopt. ORDINANCE NO. NS-2979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. ORDINANCE NO. NS-2980 - AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY m 2. Discuss and direct staff to prepare an initiative measure for City Council consideration at the next regular meeting to submit the proposed zone change and development agreement to the voters of Santa Ana in accordance with California Elections Code Section 9222. Iall:]I[+ZK61JAIJi1:11►15 Brian Poteraj spoke in opposition to the project. Dimitri Lujan spoke in opposition to the project. Christine Denny-Helvig spoke in opposition to the project. Miguel Ortiz spoke in opposition to the project and in support of a ballot initiative. Ed Murashie spoke in opposition to the project. Ellen Koldeway spoke in opposition to the project and in support of a ballot initiative. Rory Kirk spoke in opposition to the project. Michael Plantamura spoke in opposition to the project. DRAFT CITY COUNCIL MINUTES 20 JANUARY 21, 2020 1 OA-20 Lewis Wood spoke in support of the street car project and in support of the 2525 N. Main development. Giles Candy spoke in opposition to the project. Kelly Medina spoke in opposition to the project. Sue McDonald spoke in opposition to the project and in support of a ballot initiative. Genelle Johnson spoke in opposition to the project and in support of a ballot initiative. Frank Lopez spoke in opposition to the project and in support of a ballot initiative. Billy Leigh spoke in opposition to the project and in support of a ballot initiative. Esther Lopez spoke in opposition to the project and in support of a ballot initiative. Karyn Igar spoke in opposition to the project. Lynne Zwickl spoke in opposition to the project. Diane Fradkin spoke in opposition to the project and in support of a ballot initiative. John Fradkin spoke in opposition to the project and in support of a ballot initiative. Michael O'Valle spoke in opposition to the project and in support of a ballot initiative. Stephen Gorgone spoke in opposition to the project and in support of a ballot initiative. Thomas Cartney spoke in opposition to the project and in support of a ballot initiative. Cathy Morehead spoke in opposition to the project and in support of a ballot initiative. Carl Benninger spoke in opposition to the project and in support of a ballot initiative. Angel Barnes spoke in opposition to the project and in support of a ballot initiative. Charles Krolikowski, Partner of Newmeyer & Dillion LLP, spoke in opposition to the project and in support of a ballot initiative. Dale Helvig spoke in opposition to the project and in support of a ballot initiative. Motion to Approve direct staff to prepare an initiative measure for City Council consideration at the next regular meeting to submit the proposed zone change and development agreement to the voters of Santa Ana in accordance with California Elections Code Section 9222. moved by Mayor Pro Tern Villegas seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 21 JANUARY 21, 2020 1 OA-21 Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Bacerra. Jd9111IQLI VOTE: Motion failed. Mayor Pro SECOND: Councilmember Bacerra Tern Villegas AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN: None (0) ABSENT: None (0) Motion to Adopt 60A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018-10 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET moved by Councilmember Solorio, motion lost due to lack of a seconded Motion to Deny SECOND READINGS OF ORDINANCE NO. NS-2979 AND ORDINANCE NO. NS-2980. moved by Councilmember Bacerra seconded by Mayor Pro Tem Villegas. Councilmember Bacerra motioned to deny, seconded by Mayor Pro Tern Villegas. MOTION VOTE: Motion failed. Councilmember SECOND: Mayor Pro Tern Villegas Bacerra AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN ABSENT: None (0) None (0) Motion to Adopt second readings of the ordinances: DRAFT CITY COUNCIL MINUTES 22 JANUARY 21, 2020 1 OA-22 ORDINANCE NO. NS-2979 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. ORDINANCE NO. NS-2980 -AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY moved by Councilmember Solorio seconded by Councilmember Iglesias. Councilmember Solorio motioned to adopt, seconded by Councilmember Iglesias. MOTION: Councilmember SECOND: Councilmember Iglesias Solorio VOTE: AYES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) ABSTAIN: None (0) ABSENT: None (0) Mayor Pulido recessed the meeting at 10:06 p.m. and reconvened at 10:21 p.m. Meeting went into Recess Meeting Reconvened Mayor Pulido announced that Item 75A will be taken out of order, prior to discussion of Item 65A. REPORTS 65A. APPROVE DISPLAY OF "E PLURIBUS UNUM" IN CITY COUNCIL CHAMBERS AND DIRECT STAFF TO INSTALL THE PREFERRED INSTALLATION OPTION {STRATEGIC PLAN NOS. 1-7) - Public Works Agency Continued from the December 3, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). DRAFT CITY COUNCIL MINUTES 23 JANUARY 21, 2020 1 OA-23 1. Approve the display of "E Pluribus Unum," Latin for "Out of Many, One," in City Council Chambers. 2. Direct staff to install one of the following installation options: Option #1 or #2 - $19,000 estimated budget Option #1: Install the Motto and Seal in a stacked configuration, above the existing alcove. Option #2: Install the Motto and Seal side -by -side, above the existing alcove. Option #3 or #4 - $25,000 estimated budget Option #3: Install the Motto and Seal in a stacked configuration, above the existing alcove, with a curtain system. Option #4: Install the Motto and Seal side -by -side, above the existing alcove, with a curtain system. Motion to Approve Option #2: Install the Motto and Seal side -by -side, above the existing alcove. moved by Councilmember Penaloza seconded by Councilmember Solorio. Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (4) NOES: Mayor Pro Tern Villegas, Councilmember Sarmiento (2) ABSTAIN: None (0) ABSENT: Councilmember Iglesias (1) 65B. DIRECT STAFF TO PREPARE A RESOLUTION ESTABLISHING A CHARTER REVIEW COMMITTEE AND CALLING FOR APPLICATIONS {STRATEGIC PLAN NO. 5, 1) - City Manager's Office Direct staff to prepare a resolution establishing a Charter Review Committee for consideration at the February 4, 2020 City Council meeting. DRAFT CITY COUNCIL MINUTES 24 JANUARY 21, 2020 1 OA-24 2. Call for applications to serve on a Charter Review Committee. Motion to Approve Ad Hoc Committee comprised of Bacerra, Penaloza, Solorio. moved by Councilmember Penaloza seconded by Mayor Pulido. Councilmember Penaloza motioned to approve, seconded by Mayor Pulido. MOTION: Councilmember SECOND: Mayor Pulido Penaloza VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (5) NOES: Mayor Pro Tern Villegas (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) Councilmember Sarmiento left the meeting at 11:45 65C. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING AMERICAN SIGN LANGUAGE SERVICES FOR CITY COUNCIL MEETINGS {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Discuss and provide direction to staff regarding American Sign Language Translation Services at City Council meetings. Requested that staff come back to council after meeting with nonprofit organizations and understand the need and metrics to determine the need; find the cost for closed captioning; and look at what other jurisdictions are doing. 65D. DISCUSS AND CONSIDER DIRECTING STAFF TO RESTRUCTURE OR DISBAND ONE OR MORE EXISTING CITY COUNCIL COMMITTEES AND MAKE ANY APPOINTMENT CHANGES {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Discuss and consider directing staff to restructure or disband one or more existing City Council Committees and make any appointment changes. With no objection, Mayor Pulido continued the item to the next meeting. DRAFT CITY COUNCIL MINUTES 25 JANUARY 21, 2020 1 OA-25 Motion to Approve to continue item to next meeting. moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to approve, seconded by Councilmember Bacerra. MOTION: Mayor Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: II�J:l�[ypl�_1:71►[e�y SECOND: Councilmember Bacerra Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (6) None (0) None (0) Councilmember Sarmiento (1) 75A. PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 2019-10 TO ALLOW THE SALE OF DISTILLED SPIRITS FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-11 TO ALLOW AFTER HOURS OPERATIONS FOR MARISCOS HECTOR #1 LOCATED AT 1801 SOUTH MAIN STREET, UNITS D AND E {STRATEGIC PLAN NO. 3, 2) — Planning and Building Agency Legal Notice published in the Orange County Reporter on January 10, 2020 and notices mailed on January 9, 2020. MOT/ON: It is recommended that the City Council take one of the following actions: 1. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 as conditioned for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; and b. Continue Conditional Use Permit No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration; or 2. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; and DRAFT CITY COUNCIL MINUTES 26 JANUARY 21, 2020 1 OA-26 b. Continue Conditional Use Permit No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration; or 3. Adopt a resolution denying Conditional Use Permit No. 2019-10 and Conditional Use Permit No. 2019- 11. Mayor Pulido announced that Public Hearing item 75A would be heard prior to item 65A; and that he is recusing himself from item 75A in an abundance of caution. Presented by Minh Thai, Executive Director of Planning and Building Agency. Mayor Pro Tern Villegas opened the public hearing at 10:33 p.m. Iall:II[NZKe7d11J11:11►11 Mark K. Gaughan, on behalf of the applicant, spoke in support of the project. Gustavo Urnea spoke in support of the project. Richard F. Garcia spoke in support of the project. Arthur G. Newton spoke in support of the project. Ernesto Martinez spoke in support of the project. Germon Farias speaker spoke in support of the project. Jose Tariffa spoke in support of the project. Enrique Mendoza spoke in support of the project. Victor Mendez spoke in support of the project. Maria Sebold, applicant, spoke in support of the project. Ruben Smith spoke in support of the project. Mark K. Caughan, on behalf of the applicant, spoke in support of the project. Mayor Pro Tern Villegas seeing no one else wishing to speak closed the public hearing. Motion to Adopt as amended 2. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; soundproof back room (east side); and have security provided; b. omit Conditional Use Permit DRAFT CITY COUNCIL MINUTES 27 JANUARY 21, 2020 1 OA-27 No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration (which allows to review within six months) moved by Councilmember Sarmiento seconded by Mayor Pro Tern Villegas. Councilmember Sarmiento motioned to adopt as amended, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember Sarmiento VOTE: AYES: kiP7: &5 ABSTAIN No action. SECOND: Mayor Pro Tern Villegas Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Sarmiento (3) Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (3) None (0) None (0) Motion to Adopt a resolution denying Conditional Use Permit No. 2019-10 and Conditional Use Permit No. 2019-11. moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra. MOTION VOTE: Motion failed. Councilmember SECOND: Councilmember Bacerra Penaloza AYES: Councilmember Penaloza, Councilmember Bacerra (2) NOES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN ABSENT: None (0) None (0) Motion to Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; soundproof back room (east side); and have security provided; and denying the after-hours operation. Conditions DRAFT CITY COUNCIL MINUTES 28 JANUARY 21, 2020 1 OA-28 to include: a six-month review, sound barrier efforts in front and back of establishment, additional security, and property management. moved by Councilmember Sarmiento seconded by Councilmember Penaloza. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento (4) NOES: Councilmember Solorio, Councilmember Bacerra (2) ABSTAIN: None (0) ABSENT: None (0) Item 65A considered after discussion of Item 75A. 75B. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2018-09 FOR THE CALVARY CHURCH MASTER PLAN LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency Planning Commission approved recommended action on December 9, 2019 by a vote of 5-0 (Cano absent). Legal Notice published in the Orange County Reporter on January 10, 2020 and notices mailed on January 9, 2020. 1. Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Calvary Church Master Plan, Environmental Review No. 2009-19; and, 2. Adopt an ordinance approving Amendment Application No. 2018-09 to create the Specific Development No. 95 (SD-95) zone. Mayor Pullido opened the public hearing at 11:52 p.m. PUBIC COMMENT: Michael Welles, applicant, spoke in support of the item. Carlo Bonanni expressed concern about the traffic related to the item. Presented by Minh Thai, Executive Director of Planning and Building Agency. Motion to Adopt DRAFT CITY COUNCIL MINUTES 29 JANUARY 21, 2020 1 OA-29 1. Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Calvary Church Master Plan, Environmental Review No. 2009-19; and, 2. Adopt an ordinance approving Amendment Application No. 2018-09 to create the Specific Development No. 95 (SD-95) zone. moved by Mayor Pro Tem Villegas seconded by Councilmember Iglesias. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Iglesias. MOTION: Mayor Tern Villegas VOTE: AYES: Pro SECOND: Councilmember Iglesias NOES: ABSTAIN: ABSENT: Mayor Pulido, Councilmember Bacerra (4) Councilmember Solorio (2) None (0) Mayor Pro Tern Villegas, Iglesias, Councilmember Penaloza, Councilmember Councilmember Sarmiento (1) REVISED (ADDED ITEM 85B) 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 THE FORM 602 AND DIRECT CITY MANAGER TO DIRECT STAFF TO MAIL THE FORM 602 TO ALL BUSINESS OWNERS IN SANTA ANA AND ASK STAFF TO PROVIDE THE FORM 602 TO ALL BUSINESSES APPLYING FOR A LICENSE - Councilmember Iglesias Support to identify hotspots and reach out to those businesses via brochure. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER VIA HER AUTHORITY TO REQUEST THE POLICE DEPARTMENT AND OTHER CITY DEPARTMENTS TO FULLY ENFORCE OUR ANTI -CAMPING, ANTI -PANHANDLING AND RELATED LAWS. AN EDUCATION COMPONENT SHOULD BE INCLUDED TO OFFER DRUG TREATMENT, MENTAL HEALTH AND HOUSING SERVICES TO INDIVIDUALS VIOLATING THESE LAWS. GIVEN THE SUBSTANTIAL MEASURE X TAX REVENUE WE ARE NOW RECEIVING FROM OUR TAXPAYERS AND OUR ABILITY TO ENFORCE THESE LAWS, THIS NEEDS TO BE A TOP PRIORITY, ESPECIALLY IN "HOT SPOT' PUBLIC AREAS COMMONLY USED BY CHILDREN AND FAMILIES - Councilmember Solorio DRAFT CITY COUNCIL MINUTES 30 JANUARY 21, 2020 1 OA-30 PUBLIC COMMENT Linn Lee spoke in support of the item. Jose Sandoval spoke in support of the item. Per Councilmember Solorio's request, Mayor Pulido announced that Item 85B will be continued to the next meeting. Mayor Pulido recessed the regular meeting and convened to the Housing Authority meeting at 12:10 a.m. Chairperson Pulido adjourned Housing Authority session meeting and convened to the Successor Agency meeting on January 22, 2020, at 12:11 a.m. Mayor Pulido adjourned the Successor Agency meeting and reconvened to the regular meeting at 12:11 a.m. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). John Earl spoke regarding education and water rates. Oscar Rodriguez spoke in opposition to the proposed desalination project in Huntington Beach. Carl Benninger spoke regarding the need of painting street address numbers on curbs. Juan Gonzalez spoke regarding water conservation and natural gas. Carlo Bonanni spoke regarding the success of the tamale festival; success from the Union Pacific clean-up; and powerplant use. Victor Mendez spoke regarding another AS option. 90A. CITY MANAGER'S COMMENTS Kristine Ridge, City Manager, provided a brief presentation updating the Quality of Life Team clean-up efforts. 0111-We]IW1906111►[a]IIJAI :4Jil:]A:ZK61JiI JAIA01& AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the DRAFT CITY COUNCIL MINUTES 31 JANUARY 21, 2020 1 OA-31 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 COMMITTEES Councilmember Bacerra made community announcements. Councilmember Iglesias left the meeting at 12:10 a.m. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, February 4, 2020 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. Mayor Pulido adjourned the meeting on January 22, 2020 at 12:29 a.m. DRAFT CITY COUNCIL MINUTES 32 JANUARY 21, 2020 1 OA-32