HomeMy WebLinkAbout2019-11-19 RegularFINAL MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
November 19, 2019
CLOSED SESSION MEETING
REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL - November 19,
2019: 5:00 P.M.
CALL TO ORDER - Mayor PULIDO
Mayor Pulido called the meeting to order at 6:03 p.m.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Bacerra
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
None
Councilmembers, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO AND VILLEGAS
(Note: Elect Phil Bacerra)
PUBLIC COMMENTS - Members of the public may address the City Council on items
on the Closed Session 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:
CITY COUNCIL MINUTES 1 NOVEMBER 19, 2019
1 a) City of Santa Ana v. Antranik Ozbag Zorayan et al.,
Orange County Superior Court Case No. 30-2017-
00938838
1 b) Michael Semaza v. City of Santa Ana; Officer Nelson
Menendez, United States District Court, Case No. 8:19-
CV-00586-JVS
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
pursuant to Government Code Section 54956.8: Property: C2
and C3, Per RFP 19-026
2a. 405-272-21 - N/A (C2)
2b. 405-272-18 - 1411 N. Bristol St. (C2)
2c. 405-272-17 - 1405 N. Bristol St. (C2)
2d. 405-272-16 - 1401 N. Bristol St. (C2)
2e. 405-272-15 - 1321 N. Bristol St. (C2)
2f. 405-272-14 - 1319 N. Bristol St. (C2)
2g. 405-272-13 - 1315 N. Bristol St. (C2)
2h. 405-272-12 - 1311 N. Bristol St. (C2)
2i. 402-272-11 - 1303 N. Bristol St.(C2)
2j. 004-123-48 - 828 N. Bristol St. (C3)
2k. 004-123-52 - N/A (C3)
City Negotiators: City Manager Kristine Ridge
Negotiating party: Merchant Star International General Trading
Under negotiation: Terms of Sale of Properties
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.
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CITY COUNCIL MINUTES 2 NOVEMBER 19, 2019
Mayor Pulido adjourned the Closed Session at 6:00 p.m.
REGULAR OPEN MEETING
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido called the Regular Open Session at 6:03 p.m.
COUNCILMEMBERS Present:
Mayor Pulido
Mayor Pro Tern Villegas
Councilmember Iglesias
Councilmember Penaloza
Councilmember Sarmiento
Councilmember Solorio
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - RUPERT VEGA, Police Chaplain
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 that there were no reportable actions.
PUBLIC COMMENTS — None.
CONSENT CALENDAR
MOT/ON: Approve staff recommendations on the following Consent Calendar items:
Items 11A through 25C.
Mayor Pro Tern Villegas motioned to adopt consent calendar items 11A through 25C,
with the exception of item 20D, seconded by Councilmember Solorio.
MOTION: Mayor Pro SECOND: Councilmember Solorio
Tern
CITY COUNCIL MINUTES 3 NOVEMBER 19, 2019
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember Iglesias,
Councilmember Penaloza, Councilmember
Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Councilmember Sarmiento (1)
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 ORDINANCE NO. NS-2978 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA
MUNICIPAL CODE RELATING TO PARKING METERS{STRATEGIC PLAN NO. 5, 11 —
Finance and Management Services Agency Placed on first reading at the November
5, 2019 City Council meeting and approved by a vote of 5-0 (Pulido absent).
Published in the Orange County Reporter on November 8, 2019.
MOT/ON: Place ordinance on second reading and adopt.
NOTICE OF PUBLIC HEARINGS
12A. SET A PUBLIC HEARING DATE FOR ABANDONMENT NO. 19-03: INTENT TO
VACATE A PORTION OF BRISTOL STREET AT 815 NORTH BRISTOL STREET
{STRATEGIC PLAN NO. 3, 2) - Public Works Agency
Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF
BRISTOL STREET AT 815 NORTH BRISTOL STREET, SETTING A PUBLIC
HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED
AND PUBLISHED (ABANDONMENT NO. 19-03)
2. Set a public hearing for December 17, 2019.
This Consent Item- Resolution No. 2019-106 was approved.
CITY COUNCIL MINUTES 4 NOVEMBER 19, 2019
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT SIMON GONZALEZ AND JACK HALEY TO THE WORKFORCE
DEVELOPMENT BOARD FOR A PARTIAL TERM EXPIRING MAY 31, 2022
{STRATEGIC PLAN NO 5,11 - Community Development Agency
MOT/ON: Appoint Simon Gonzalez and Jack Haley to the Workforce Development Board
representing private sector businesses (replacing McGowan and Piwnica) for a partial
term expiring May 31, 2022.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
No reportable action.
19B. EXCUSED ABSENCES — Clerk of the Council Office
19C. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION
PROJECTS AND ACTIVITIES JULY — SEPTEMBER 2019 {STRATEGIC PLAN NO. 5,
3C) —Community Development Agency Community Redevelopment and Housing
Commission approved the recommended action on October 23, 2019 by a vote of 6-0
(Garcia absent).
MOT/ON: Receive and file the Quarterly Report for Housing Division Projects and
Activities for the period of July 2019 — September 2019.
19D. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF
SEPTEMBER 30, 2019 {STRATEGIC PLAN NO. 4, 1 D) — Finance and Management
Services Agency
MOT/ON: Receive and file quarterly report of investments as of September 30, 2019.
19E. QUARTERLY REPORT OF CONTRACTS UP TO $50,000 FOR NON-PUBLIC
WORKS AND UP TO $250,000 FOR PUBLIC WORKS AUTHORIZED BY THE CITY
MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4,
11 — Finance and Management Services Agency
MOT/ON: Receive and file Quarterly Report of Contracts entered into between July 1,
2019 to September 30, 2019 valued at up to $50,000 for non-public works contracts and
agreements and up to $250,000 for public works contracts and agreements.
19F. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC
PLAN NO. 5, 1) — City Attorney's Office, City Manager's Office, Information Technology
Department, Human Resources Department, Community Development Agency, Police
Department and Finance and Management Services Agency
CITY COUNCIL MINUTES 5 NOVEMBER 19, 2019
MOT/ON: Approve the request for the destruction of obsolete records from the City
Attorney's Office, Human Resources, Information Technology, Santa Ana Police
Department, Community Development Agency, City Manager's Office, and the Finance
and Management Services Agency, in accordance with the retention scheduled in City
Council Resolution 2013-014.
19G. RECEIVE AND FILE PUBLIC WORKS AGENCY QUARTERLY PROJECT
STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR JULY THROUGH
SEPTEMBER 2019 {STRATEGIC PLAN NO. 5, 1) - Public Works Agency
MOT/ON: Receive and file the Public Works Agency Quarterly Project Status and Capital
Improvement Program Report for July through September of 2019.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING A
GRANT IN THE AMOUNT OF $60,000 WITH GOODWILL INDUSTRIES OF ORANGE
COUNTY FOR THE VETERANS' EMPLOYMENT -RELATED ASSISTANCE
PROGRAM {STRATEGIC PLAN NO. 2, 4) - Community Development Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-062 - Recognizing Veterans'
Employment -Related Assistance Program grant funds in the amount of $60,000
into the Federal Grant -Indirect revenue account and appropriating the same
amount into the Veterans' Employment -Related Assistance Program expenditure
account.
Authorize the City Manager to execute an agreement, Contract No. K9110010,
with Goodwill Industries of Orange County for $60,000 awarded to the City of
Santa Ana, Santa Ana WORK Center for workforce and job development
activities, effective August 13, 2019 through March 31, 2021, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
3. Authorize the City Manager to execute non -substantive amendments such as
adjustment of operational expenses during the term of the agreement.
This Consent Item - Agreement No. 2019-207 was approved.
20B. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FISCAL YEAR
2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION
CONTRACT TO VIDO SAMARZICH, INC. IN THE AMOUNT OF $876,183, FOR THE
RESIDENTIAL STREET REPAIR PROGRAM FISCAL YEAR 2018-19 PROJECT WITH
CITY COUNCIL MINUTES 6 NOVEMBER 19, 2019
AN ESTIMATED TOTAL COST OF $1,061,506 (PROJECT NO 19-7528) {STRATEGIC
PLAN NO. 6, 1 C) - Public Works Agency and Community Development Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-059 — To spend $222,319 from
prior year fund balance in Sanitary Sewer Capital Recovery Charges,
Improvements Other Than Building expenditure account, to pay for Sewer
service adjustment work necessitated by this project.
Approve an amendment to the Fiscal Year 2019-20 Capital Improvement
Program Residential Street Repair Program FY 2018-19 Project to include
additional construction funds in the amount of $222,319.
3. Award a contract to Vido Samarzich, Inc., the lowest responsible bidder, in
accordance with the base bid in the amount of $876,183, for construction of the
Residential Street Repair Program FY 2018-19 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $1,061,506, which includes $876,183 for the construction contract; $97,704 for
contract administration, inspection and testing; and an $87,619 project
contingency (approximately 10% of the construction contract amount).
20C. APPROVE AN APPROPRIATION ADJUSTMENT, AUTHORIZE AN
AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
FOR PEDESTRIAN AND BICYCLE SAFETY PROGRAM FUNDS NOT TO EXCEED
$100,000, AND AUTHORIZE AN AGREEMENT WITH CHARITABLE VENTURES IN
AN AMOUNT NOT TO EXCEED $100,000 {STRATEGIC PLAN NO. 1, 3B) - Public
Works Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-058 - Recognizing Office of Traffic
Safety Pedestrian and Bicycle Safety grant funds in the amount of $100,000 in
the OTS-PWA Traffic Safety Grants, Federal Grant -Indirect revenue account and
appropriate the same amount to the OTS-Bicycle Safety PWA, Improvements
Other Than Building expenditure account.
Authorize the City Manager to execute a one-year agreement, PS20034, with the
State of California Office of Traffic Safety for Pedestrian and Bicycle Safety
Program funds in an amount not to exceed $100,000, for a one-year period from
October 1, 2019, through September 30, 2020 (timeframe consistent with the
Grant Cycle), subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2019-XXX).
CITY COUNCIL MINUTES 7 NOVEMBER 19, 2019
This Consent Item - Agreement No. 2019-208 was approved.
3. Authorize the City Manager to execute an agreement with Charitable Ventures (a
fiscal sponsor for Santa Ana Active Streets) to provide bicycle safety education
services, for a one-year period from November 19, 2019, through November 18,
2020, in an amount not to exceed $100,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2019-209).
This Consent Item - Agreement No. 2019-209 was approved.
20D. APPROVE AN APPROPRIATION ADJUSTMENT AND APPROVE A
MEMORANDUM OF UNDERSTANDING WITH THE FULL-TIME EMPLOYEES' UNIT,
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) {STRATEGIC
PLAN NO. 7, 4 and 6) - Human Resources Department
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-063 - Transferring $951,141 from
General Fund Non -Departmental into the appropriate General Fund Accounting
Units.
2. Authorize the City Manager to execute a Memorandum of Understanding (MOU)
with the Full -Time Employees' Unit, Service Employees International Union Local
721 (SEIU) for the period of July 1, 2019 through June 30, 2022, regarding
wages and other terms and conditions of employment (Agreement No. A-2019-
XXX).
Councilmember Solorio motioned to adopt consent calendar Item 20D, seconded by
Mayor Pro Tern Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Solorio
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
NOES: Councilmember Iglesias (1)
ABSTAIN: None (0)
ABSENT: None (0)
This Consent Item - Agreement No. 2019-227 was approved.
CITY COUNCIL MINUTES 8 NOVEMBER 19, 2019
20E. APPROVE APPROPRIATION ADJUSTMENT AND PURCHASE AND SALE
AGREEMENTS PER RFP 19-026 GENERATING $8,104,200 IN REVENUE FOR
BRISTOL STREET IMPROVEMENTS PROJECT (NON -GENERAL FUND)
{STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency
Authorize the City Manager to execute a purchase and sale agreement with
Southwest Group Properties, for the sale of City -owned property located at
APN's 405-252-21 and 405-252-22 in the amount of $1,100,000, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-210 was approved.
Authorize the City Manager to execute a purchase and sale agreement with
Merchant Star International General Trading , for the sale of City -owned property
located at APN's 405-272-11, 450-272-12, 405-272-13, 405-272-14, 405-272-15,
405-272-16, 405-272-17, 405-272-18, and 405-272-21 in the amount of
$2,605,000, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-211 was approved.
3. Authorize the City Manager to execute a purchase and sale agreement with
Merchant Star International General Trading, for the sale of City -owned property
located at APN's 004-123-48 and 004-123-52 in the amount of $1,025,000,
subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-212 was approved.
4. Authorize the City Manager to execute a purchase and sale agreement with
Merchant Star International General Trading, for the sale of City -owned property
located at APN's 015-194-37 and 015-194-40 in the amount of $1,050,000,
subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-213 was approved.
5. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN 399-085-11 in
the amount of $127,700, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-214 was approved.
CITY COUNCIL MINUTES 9 NOVEMBER 19, 2019
6. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN 004-122-39 in
the amount of $257,700, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-215 was approved.
7. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN?s 405-073-14
and 405-073-15 in the amount of $188,700, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-216 was approved.
8. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN's 405-073-16,
405-073-17, and 405-073-18 in the amount of $287,700, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-217 was approved.
9. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN's 008-231-24,
008-231-26, and 008-231-27 in the amount of $237,700, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-218 was approved.
10. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN's 008-231-23
and 008-231-29 in the amount of $237,700, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-219 was approved.
11. Authorize the City Manager and Clerk of the Council to execute a purchase and
sale agreement with Dustin Do, for the sale of City -owned property located at
APN's 008-232-31 and 008-232-34 in the amount of $192,800, subject to non -
substantive changes approved by the City Manager and City Attorney(Agreement
No. A-2019-XXX).
This Consent Item - Agreement No. 2019-220 was approved.
CITY COUNCIL MINUTES 10 NOVEMBER 19, 2019
12. Authorize the City Manager to execute a purchase and sale agreement with
Dustin Do, for the sale of City -owned property located at APN 010-022-09 in the
amount of $184,800, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-221 was approved.
13. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APNs 010-183-01,
010-183-42, 010-183-43, and 010-183-44 in the amount of $357,700, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-222 was approved.
14. Authorize the City Manager to execute a purchase and sale agreement with IAS
Management, for the sale of City -owned property located at APN's 010-183-40,
010-183-41, and 010-183-42 in the amount of $251,700, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-223 was approved.
15. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-064 - Recognizing revenue in the
amount of $5,498,000 in Select Street Construction Fund revenue account for
Fiscal Year (FY) 2019-20 from the sale of City -owned property located at various
locations and appropriating the same to the OCTA Bristol Street Corridor
Improvements expenditure account. Receipt of Measure M Street Construction
proceeds in the amount of $2,606,200 will be disbursed to the Orange County
Transportation Authority (OCTA).
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD A CONTRACT TO LANDSCAPE WEST MANAGEMENT SERVICES,
INC. FOR WEED AND DEBRIS REMOVAL SERVICES IN THE AMOUNT OF
$1,282,000 FOR A TWO YEAR TERM NON -GENERAL FUND (SPECIFICATION NO.
19-091) {STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency,
Public Works Agency and Community Development Agency
MOTION: Award a contract to Landscape West Management Services, Inc. for weed and
debris removal services for a two-year period expiring November 30, 2021, with
provisions for two, two-year renewals exercisable by the City Manager, in an annual
amount not to exceed $641,000, subject to non -substantive changes approved by the
City Manager and City Attorney.
CITY COUNCIL MINUTES 11 NOVEMBER 19, 2019
PROJECTS/CHANGE ORDERS
23A. AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE
AMOUNT OF $608,956, FOR EDINGER AVENUE REHABILITATION FROM RAITT
STREET TO BRISTOL STREET PROJECT ESTIMATED PROJECT COST: $761,196
(PROJECT NO. 19-6946) {STRATEGIC PLAN NO. 6, 1 C; 1 G) - Public Works Agency
Award a contract to All American Asphalt, the lowest responsible bidder, in
accordance with the base bid in the amount of $608,956, for construction of the
Edinger Avenue Rehabilitation from Raitt Street to Bristol Street 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.
Approve the Project Cost Analysis for a total estimated construction delivery cost
of $761,196, which includes $608,956 for the construction contract; $91,344 for
contract administration, inspection and testing; and a $60,896 project
contingency (approximately 10% of the construction contract amount), paid with
Select street Construction Fund: Road Maintenance and Rehabilitation Account.
P914F_\TATIM V 1112TY6163 ► 619 V II ll" I Eel Lime] 01 r :?TACO] 011ixel 0 1001610 6-19 :11I01 Eel 01
ASSOCIATES IN THE AMOUNT OF $379,916, FOR THE CARL THORNTON PARK
RESTROOM PROJECT LOCATED WITHIN THE KIWANIS BARRIER FREE
PLAYGROUND ESTIMATED PROJECT COST: $476,907 (PROJECT NO. 16-2654)
{STRATEGIC PLAN NOS. 6, 1 C & 1 G) - Public Works Agency and Parks, Recreation
and Community Services Agency
Award a contract to Civic Construction Associates, the lowest responsible bidder,
in accordance with the base bid in the amount of $379,916, for construction of
the Carl Thornton Park Restroom 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.
Approve the Project Cost Analysis for a total estimated construction delivery cost
of $476,907, which includes $379,916 for the construction contract; $56,009 for
contract administration, inspection and testing; and a $40,003 project
contingency (approximately 10% of the construction contract amount), paid with
Parks, Recreation and Community Services Acquisition & Development and
General Funds.
AGREEMENTS
25A. APPROVE AN AMENDMENT TO THE AGREEMENT WITH VACANT
PROPERTY SECURITY, LLC TO INCREASE THE AGREEMENT AMOUNT BY
CITY COUNCIL MINUTES 12 NOVEMBER 19, 2019
$55,000 FOR A TOTAL OF $170,000, EXTEND THE TERM TO DECEMBER 4, 2020
AND ADD A ONE-YEAR RENEWAL OPTION ENDING ON DECEMBER 4, 2021 TO
BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 5, 4)— Parks,
Recreation and Community Services Agency and Planning and Building Agency
MOTION: Authorize the City Manager to execute an agreement amendment with Vacant
Property Security, LLC for the placement of metal security doors, screens and other
security equipment on buildings that will increase the agreement amount by $55,000 for a
total of $170,000, extend the term to December 4, 2020 and add a one-year renewal
option ending on December 4, 2021 exercisable by the City Manager and City Attorney to
be funded by the General Fund, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-224 was approved.
25B. APPROVE AN AGREEMENT WITH THE STATE OF CALIFORNIA - CALIFORNIA
TRANSPORTATION COMMISSION FOR THE SOLUTIONS FOR CONGESTED
CORRIDORS PROGRAM TO SECURE GRANT FUNDING WITH A FUNDING MATCH
IN THE AMOUNT OF $197,000 FOR WARNER AVENUE CLASS II BIKEWAY
PROJECT {STRATEGIC PLAN NO. 5,613) — Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with the State of
California - California Transportation Commission to secure grant funds from the
Solutions for Congested Corridors Program in an amount not to exceed $19.917 million,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2019-XXX).
This Consent Item - Agreement No. 2019-225 was approved.
25C. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SIEMENS
INDUSTRY, INC., IN THE AMOUNT OF $105,000 FOR HEATING, VENTILATION,
AND AIR CONDITIONING (HVAC) AND LIGHTING CONTROL SYSTEMS
MAINTENANCE FOR A TOTAL AGREEMENT AMOUNT OF $323,942 {STRATEGIC
PLAN NOS. 6, 1 C; 6, 1 G) — Public Works Agency
MOTION: Authorize the City Manager to execute an amendment to the agreement with
Siemens Industry, Inc., to extend the term of the agreement from April 30, 2020, through
June 30, 2020, and to increase the not -to -exceed expenditure by $105,000 during the
extended term, to provide HVAC and lighting control system maintenance on -call
services, bringing the total amount of the agreement to $323,942, subject to non -
substantive changes approved by the City Manager and the City Attorney (Agreement
No. A-2019-XXX).
This Consent Item - Agreement No. 2019-226 was approved.
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES 13 NOVEMBER 19, 2019
Mayor Pulido announced to hear public hearing item 75D after consent calendar items.
Mayor Pulido announced that items 55B, 60A, 60B, 65A, 75B, and 75C will be
continued to the next meeting.
BUSINESS CALENDAR
RESOLUTIONS
55A. ADOPT A RESOLUTION AND AUTHORIZE THE CARRY OVER OF GRANT
FUNDS TO THE 2021 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM
AS REQUIRED BY FUNDING AGENCY {STRATEGIC PLAN NO. 6, 1G) - Public Works
Agency
1. Authorize the City Manager to submit selected projects to the Orange
County Transportation Authority for inclusion into the 2021 Federal
Transportation Improvement Program.
2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE
RESOURCES TO FUND THE PROJECTS IN THE 2020/21-2025-26
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE
CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE
PROGRAM
Councilmember Bacerra motioned to adopt item 55A, seconded by Councilmember
Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Penaloza, Councilmember Solorio (5)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 14 NOVEMBER 19, 2019
ABSENT: Councilmember Iglesias, Councilmember
Sarmiento (2)
55B. ADOPT A RESOLUTION APPROVING A MASTER PAY SCHEDULE IN
CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS
SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CALPERS) {STRATEGIC PLAN NO. 7, 4 & 6) — Human Resources
Department
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT
RESOLUTION NO. 2019-XXX TO ADOPT AND APPROVE A MASTER SALARY
SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF
REGULATIONS, SECTION 570.5 AND THE CALIFORNIA EMPLOYEES' RETIREMENT
SYSTEM(CALPERS)
Item 55B was continued to the next scheduled meeting.
ADMINISTRATIVE MATTERS - BUSINESS
60A. ADOPT A RESOLUTION APPROVING SITE PLAN REVIEW NO. 2019-01 AND
DENSITY BONUS AGREEMENT NO. 2019-01 TO FACILITATE CONSTRUCTION OF
THE FOURTH AND MAIN MIXED -USE RESIDENTIAL AND COMMERCIAL
DEVELOPMENT LOCATED AT 114 AND 117 EAST FIFTH STREET {STRATEGIC
PLAN NOS. 3, 2; 5, 3) - Planning and Building Agency and Community Development
Agency
1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM
TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT
ZONING CODE PROJECT (SCH NO. 2006071100) FOR THE FIRST
AMERICAN MIXED -USE DEVELOPMENT PROJECT LOCATED AT 114
EAST FIFTH STREET AND 117 EAST FIFTH STREET, AND RE -
ADOPTION OF THE MITIGATION MONITORING AND REPORTING
PROGRAM
2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01
AS CONDITIONED AND APPROVING DENSITY BONUS AGREEMENT
NO. 2019-01 AS CONDITIONED FOR A NEW MIXED -USE
RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE
PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND
117 EAST FIFTH STREET (SITE B)
3. Authorize the City Manager to execute a Density Bonus Agreement with
Toll Brothers Apartment Living or assignees for a 55-year term, for the
development of a mixed -use residential and commercial development with
up to 220 residential rental units, including 11 residential rental affordable
CITY COUNCIL MINUTES 15 NOVEMBER 19, 2019
units, at 114 and 117 East Fifth Street, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No.
A-2019-XXX).
Item 60A was continued to the next scheduled meeting.
60B. ELECTION OF MAYOR PRO TEM, 2019-2020{STRATEGIC PLAN NO. 5, 1) -
Clerk of the Council Office
1. The Mayor calls for nominations for Mayor Pro Tern position.
2. Close nominations for position.
3. The Mayor declares the result of the election.
Item 60B was continued to the next scheduled meeting.
REPORTS
65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL
MEETINGS FOR 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
1. Review calendar of regularly scheduled City Council Meetings in 2020.
2. Cancel the regularly scheduled City Council meeting for January 7, 2020;
August 4, 2020; and November 3, 2020.
3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives
notice of said meetings as required by the government code.
Item 65A was continued to the next scheduled meeting.
PUBLIC HEARINGS
75A. PUBLIC HEARING — RESOLUTION ADJUSTING CITY WATER AND SEWER
RATES (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 H) - Public Works
Agency As required by the provisions of Proposition 218, notices of a public hearing for
adjusting water and sewer rates were mailed to all property owners within the City of
Santa Ana water service area on or before October 5, 2019. The Clerk of the Council
Office has received 70 protest letters, as of printing of the Agenda.
MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADJUSTING RATES FOR WATER AND SEWER SERVICES
PROVIDED BY THE CITY OF SANTA ANA
Mayor Pulido opened the public hearing at 12:33 a.m.
Ed Murashie requested to continue meeting to future.
Mayor Pulido closed the public hearing at 12:34 a.m.
CITY COUNCIL MINUTES 16 NOVEMBER 19, 2019
Councilmember Penaloza requested city staff meet with neighborhood.
Mayor Pro Tern Villegas motioned to adopt item 75A and adopt Resolution No. 2019-
110, seconded by Mayor Pulido.
MOTION: Mayor Pro SECOND: Mayor Pulido
Tern
Villegas
VOTE: AYES:
Mayor Pulido,
Mayor Pro Tern Villegas,
Councilmember
Bacerra, Councilmember Solorio
(4)
NOES:
Councilmember
Penaloza (1)
ABSTAIN:
None (0)
ABSENT:
Councilmember
Iglesias, Councilmember
Sarmiento (2)
CONTINUE THE BALANCE OF THE BUSINESS CALENDAR ITEMS
MOT/ON: Continue the balance of the Business Calendar items to the next City Council
meeting, moved by Councilmember Solorio seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Solorio
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Penaloza, Councilmember Solorio (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Councilmember Iglesias, Councilmember
Sarmiento (2)
Councilmembers Iglesias and Sarmiento left the meeting at 12:32 a.m.
75B. PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE
UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH
CITY COUNCIL MINUTES 17 NOVEMBER 19, 2019
AMENDMENT AND REQUISITE FINDINGS {STRATEGIC PLAN CO. 3, 31 - Planning
and Building Agency and Orange County Fire Authority Legal Notice published in the
Orange County Reporter on November 8, 2019.
1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH
RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA
WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE
CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA
PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE
CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL
PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF
CALIFORNIA
2. Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL
CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY
ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL
CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA
PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE
CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL
PROPERTY MAINTENANCE CODE
Item 75B was continued to the next scheduled meeting.
75C. PUBLIC HEARING —ADOPT A RESOLUTION APPROVING 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
and notices mailed out on November 8, 2019.
Item 75C was continued to the next scheduled meeting.
Public Hearing Item 75D was considered after the Consent Calendar and prior to Item
55A and 75A.
75D. PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-01,
DEVELOPMENT AGREEMENT NO. 2018-01, GENERAL PLAN AMENDMENT NO.
2018-06 AND AMENDMENT APPLICATION NO. 2018-10 FOR THE PROPOSED
CITY COUNCIL MINUTES 18 NOVEMBER 19, 2019
MULTI -FAMILY DEVELOPMENT LOCATED AT 2525 NORTH MAIN STREET
{STRATEGIC PLAN NO. 3, 2) — Planning and Building Agency Legal Notice published
in the Orange County Register on November 9, 2019 and notices mailed out on
November 8, 2019.
MOT/ON: It is recommended that the City Council evaluate the modified project and
consider one of the following options:
C6129101►111111il
Adopt a resolution affirming the recommendation of the Planning Commission
and deny the following applications: Development Agreement No. 2018-01;
General Plan Amendment No. 2018-06; and Amendment Application No. 2018-
10 establishing Specific Development No. 93.
OPTION 2.
2A) Adopt a resolution certifying Final Environmental Impact Report No. 2018-01
(SCH No. 2018021031), adopting findings of fact pursuant to the California
Environmental Quality Act, adopting a Statement of Overriding Considerations,
and adopting the Mitigation Monitoring and Reporting Program ;
2B) Adopt an ordinance approving Development Agreement No. 2018-01;
2C) Adopt a resolution approving General Plan Amendment No. 2018-06 ; and
2D) Adopt an ordinance approving Amendment Application No. 2018-10 for Specific
Development No. 93.
Mayor Pulido opened the public hearing at 6:09 p.m.
IIl1:]I[+ZKe1Jildil:11►11
Lisa Mills spoke in opposition to the project.
Carl Benninger spoke in opposition to the project.
Ellen Koldeway spoke in opposition to the project.
Minh Tran, Director of Planning and Building Department, provided a brief presentation.
RC Alley, Architects Orange, representing the applicant, provided a brief presentation.
Michael Plantamura spoke in opposition to the project.
Karyn Igar spoke in opposition to the project.
CITY COUNCIL MINUTES 19 NOVEMBER 19, 2019
Jeff Kavz spoke in opposition to the item.
Tim Rush spoke in opposition to the project.
Adam Wood spoke in support to the project.
Art Pedroza spoke in support of the project.
Ginelle Hardy spoke in opposition to the project.
Gary Thomas spoke in opposition to the item.
Alex Zamora spoke in support of the project.
Patty Maize spoke in opposition to the project.
Paul Maize spoke in opposition to the item.
Ed Murashie spoke in opposition to the project.
Genelle Johnson spoke in opposition to the project.
Sue McDonald spoke in opposition of the project.
Kelly Medina spoke in opposition to the project.
Phil Schaefer spoke in opposition to the project.
Lisa Gantz spoke spoke in opposition to the project.
Mark Angell spoke in opposition to the project.
Sharon Guluckson spoke in opposition to the project.
Clay Henderson spoke in opposition to the project.
Kathy Esfahani spoke in support of the project.
Suzanne Blau spoke in opposition to the project.
Dimitri Lujan spoke in opposition to the project.
Laura Guzman spoke in opposition to the project.
Drew Leonhardt spoke in opposition to the project.
CITY COUNCIL MINUTES 20 NOVEMBER 19, 2019
Irma Jauregui spoke in opposition to the item.
Mario Tovar spoke in support of the project.
Gil Wilksen spoke in opposition to the project.
Steve Steggell spoke in opposition to the project.
Miguel Ortiz spoke in opposition to the project.
Mayor Pulido recessed the meeting at 8:00 p.m. and reconvened at 8:15 p.m.
Cathy Morehead spoke in opposition to the project.
Richard Baily spoke in support of the project.
Gary Hendricks spoke in support of the project.
David Pocket spoke in opposition to the project.
Loretta Bult spoke in support of the project.
Vincent Flynn spoke in opposition to the project.
Claudia Tanega spoke in support of the project.
Anne Wilson spoke in opposition to the project.
Glenda Newcomer spoke in opposition to the project.
Jun Tanega spoke in support of the project.
Alicia Berhun spoke in support of the project.
Debera Hendricks spoke in support of the project
Michael O'Vail spoke in opposition to the project.
Bill Bonnett spoke in opposition to the project.
Brenda Call spoke in opposition to the project.
David Slaton spoke in opposition to the project.
Carol Slaton spoke in opposition to the project.
CITY COUNCIL MINUTES 21 NOVEMBER 19, 2019
Jonathan Obest spoke in opposition to the project.
Jeanette Wood spoke in support of the project.
Lewis Wood spoke in support of the project.
Silvia Poseda spoke in opposition to the project.
Frank Lopez spoke in opposition to the project.
Elizabeth Hansburg spoke in support of the project.
Stephen Swytak spoke in opposition to the project.
Judy Swytak spoke in opposition to the project.
Esther Lopez spoke in opposition to the project.
Thomas Cartnes spoke in opposition to the project.
Jeff Dresser spoke in opposition to the project.
Bea Tiritilli spoke in opposition to the project.
Julie Humphreys spoke in opposition to the project.
Kristin Candy spoke in opposition to the project.
Eric Scandrett spoke in opposition to the project.
Rory Kirk spoke in opposition of the project
Leland Coontz spoke in opposition of the project.
Billy Leigh spoke in opposition to the project.
Lenette Wardinski spoke in opposition to the project.
Mike Fulr spoke in support of the project.
Giles Candy spoke in opposition to the project.
Rob Richardson spoke in opposition of the project.
Christine Denny-Helvig spoke in opposition to the project.
CITY COUNCIL MINUTES 22 NOVEMBER 19, 2019
Diane Fradkin spoke in opposition of the project.
Larry Haynes spoke in support of the project.
John Fradkin spoke in opposition of the project.
Dave Everett spoke in support of the project.
Patricia Coleman spoke in opposition of the project.
Angel Barnes spoke in opposition of the project.
Steve Gorgore spoke in opposition of the project.
Lisa Winter spoke in opposition of the project.
Suzy Purrington spoke in opposition of the project.
Karen Eaton spoke in opposition of the project.
Adeline Allen spoke in opposition of the project.
Chuck Krolikowski spoke in opposition of the project.
Mark Rothenberg, Senior Counsel at Southern California Edison, Complex Real Estate
Transactions, Land Use, and Government Affairs, spoke in opposition of the project.
James Waters spoke in opposition of the project.
Ted Moreno spoke in opposition of the project.
Peter Katz spoke in opposition of the project.
Sandy Stiassni spoke in opposition of the project.
Theodore Moreno spoke in opposition of the project.
Tim Basalone spoke in opposition of the project.
Carlo Bonanni spoke in opposition of the project.
Dale Helvig spoke in opposition of the project.
Michelle O'Valle spoke in opposition to the project.
Jim Simon spoke in support of the projects.
CITY COUNCIL MINUTES 23 NOVEMBER 19, 2019
RC Alley, Architects Orange, representing the applicant, provided a rebuttal.
Seeing no one else wishing to speak, Mayor Pulido closed the public hearing at 11:20
p. M.
Councilmember Bacerra motioned to adopt that the City Council evaluate the modified
project and consider one of the following options: 1. Adopt a resolution affirming the
recommendation of the Planning Commission and deny the following
applications: Development Agreement No. 2018-01; General Plan Amendment No.
2018-06; and Amendment Application No. 2018-10 establishing Specific Development
No. 93, seconded by Mayor Pulido.
Councilmember Solorio substitute motioned to adopt as amended the mitigation to
include an amount for up to $150,000 for high -quality security fencing under the 5 and
Broadway overpass in Santiago Creek; 2A) Adopt RESOLUTION NO. 2019-107; 2B)
Adopt an ordinance approving Development Agreement No. 2018-01; 2C)
Adopt RESOLUTION NO. 2019-108; and 2D) Adopt an ordinance approving
Amendment Application No. 2018-10 for Specific Development No. 93, seconded by
Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
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 12:14 a.m. and reconvened at 12:31 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).
None.
CITY COUNCIL MINUTES 24 NOVEMBER 19, 2019
90A. CITY MANAGER'S COMMENTS
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1. AB1234 DISCLOSURE — If the City paid for travel or
other expenses this is the time for members of the
Council to provide a brief oral report on attendance of
any regional board or commission meeting or any
conference, meeting or event attended.
2. Oral Reports from standing or ad -hoc city COUNCIL
COMMITTEES
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
December 3, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by
the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Mayor Pulido adjourned the meeting at 12:41 a.m.
Daisy Gomez,
Clerk of the Council
CITY COUNCIL MINUTES 25 NOVEMBER 19, 2019