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HomeMy WebLinkAbout10A - 3-3-2020 MINUTESDRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 3, 2020 CLOSED SESSION MEETING CLOSED SESSION MEETING OF THE CITY COUNCIL - MARCH 3, 2020, 5:00 P.M. CALL TO ORDER - MAYOR PULIDO Mayor Pro Tern Villegas called the closed session to order at 5:15 p.m. Councilmember Sarmiento joined the meeting at 5:33 p.m. Mayor Pulido joined the meeting at 5:41 p.m. Councilmember Iglesias joined the meeting at 5:44 p.m. COUNCILMEMBERS Present: Mayor Pro Tern Villegas Councilmember Bacerra Councilmember Penaloza Councilmember Solorio COUNCILMEMBERS Absent: Mayor Pulido Councilmember Iglesias Councilmember Sarmiento COUNCILMEMBERS, BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO AND VILLEGAS ° PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda. Tim Johnson spoke regarding homeless lawsuits and provided a handout referring to the Service Planning Area. Dale Helvig spoke regarding the referendum filed against the project 2525 N. Main Street and the letter filed to the City. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:22 p.m. 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: DRAFT CITY COUNCIL MINUTES 104-1 MARCH 3, 2020 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1A. Ana Manjarrez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01060879 1 B. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) 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) 1 E. City of Santa Ana and the People of the State of California v. Orange County Association for Mental Health dba Mental Health Association of California, et al, Orange County Superior Court Case No. 30-2020- 01124174-CU-MC-CJC 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Section 54956.9(d) of the Government Code: Two Cases Case 1: Kaufman Law Group and Manatt, Phelps & Phillips, LLP threatening lawsuits concerning the 2525 N. Main Referendum petition. Case 2: Potential filing of unlawful detainer action related to a city -owned property. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: See addresses below. City Negotiators: Nabil Saba, Acting Public Works Agency Director 1. APN 405-252-22 - 1607 N. Bristol St. - C1 3. APN 405-272-21 - N/A - C2 DRAFT CITY COUNCIL MINUTES 1 O z _w MARCH 3, 2020 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24. 25. 26. 27. APN 405-272-18 - 1411 N. Bristol St. - C2 APN 405-272-17 - 1405 N. Bristol St. - C2 APN 405-272-16 - 1401 N. Bristol St. - C2 APN 405-272-15 - 1321 N. Bristol St. - C2 APN 405-272-14 - 1319 N. Bristol St. - C2 APN 405-272-13 - 1315 N. Bristol St. - C2 APN 405-272-12 - 1311 N. Bristol St. - C2 APN 402-272-11 - 1303 N. Bristol St. - C2 APN 004-123-48 - 828 N. Bristol St.- C3 APN 004-123-52 - N/A - C3 APN 010-295-23 - 430 S. Bristol St. - C4 APN 010-295-22 - 434 S. Bristol St. - C4 APN 010-295-21-438 S. Bristol St.- C4 APN 010-295-20-442 S. Bristol St.- C4 APN 010-295-19-446 S. Bristol St.- C4 APN 010-295-18-502 S. Bristol St.- C4 APN 010-295-17-506 S. Bristol St.- C4 APN 010-295-16-510 S. Bristol St.- C4 APN 010-295-15-514 S. Bristol St.- C4 APN 010-295-14-518 S. Bristol St.- C4 APN 010-295-13-522 S. Bristol St.- C4 APN 109-345-20-712 S. Bristol St.-05 APN 109-345-19-716 S. Bristol St.- C5 APN 109-345-18-720 S. Bristol St.- C5 DRAFT CITY COUNCIL MINUTES 1 Off,-3 MARCH 3, 2020 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47. 48. 49. 50. 51. APN 109-345-17-802 S. Bristol St.- C5 APN 109-345-16-806 S. Bristol St.- C5 APN 109-345-15-810 S. Bristol St.- C5 APN 109-345-14-814 S. Bristol St.- C5 APN 109-345-13-818 S. Bristol St.- C5 APN 109-345-12-822 S. Bristol St.- C5 APN 109-345-11-902 S. Bristol St.- C5 APN 015-194-40-2235 S. Bristol St.-C6 APN 015-194-37-1211 W. Warner Ave.- C6 APN 398-385-03-1222 E. 4th St.-C7 APN 398-385-04-1225 E 4th St.- C7 APN 398-385-05-1221 E. 3rd. St.- C7 APN 008-091-01-315 N. Bristol St.-C8 APN 008-091-13-303 N. Bristol St.- C8 APN 008-091-14-1247 W. 3rd St.- C8 APN 008-091-02-1244 W. Santa Ana Blvd.- C8 APN 398-453-05-1214 E. 3rd St.-C9 APN 398-453-06-202 N. Grand Ave.- C9 APN 008-081-28-517 N. Bristol St.-C10 APN 008-081-26-515 N. Bristol St.- C10 APN 008-082-29-1247 W. Santa Ana Blvd.-C11 APN 398-492-14-823 E. 1st St.-Cl 2 APN 007-203-24-1503 W. 1st St.-Cl 3 APN 405-074-16-724 N. Bristol St.-P1 DRAFT CITY COUNCIL MINUTES 1 O Q _4 MARCH 3, 2020 52. APN 405-074-17-716 N. Bristol St.- P1 53. APN 405-074-18-712 N. Bristol St.- P1 54. APN 405-074-19-704 N. Bristol St.- P1 55. APN 007-302-21-302 S. Bristol St.-P2 56. APN 007-302-20-306 S. Bristol St.- P2 57. APN 007-302-19-310 S. Bristol St.- P2 59. APN 007-302-17-318 S. Bristol St.- P2 60. APN 007-302-16-402 S. Bristol St.- P2 62. APN 005-142-35-921 N. Flower St.-P3 63. APN 005-142-58-915 N. Flower St.- P3 64. APN 005-142-47-842 N. Garnsey St.- P3 CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. Mayor Pulido adjourned Closed Session meeting at 6:20 p.m. and convened to the Regular Open Session. REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER - MAYOR PULIDO Mayor Pulido adjourned the closed session at 6:20 p.m. and called the regular meeting to order at 6:21 p.m. COUNCILMEMBERS BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO, AND VILLEGAS PLEDGE OF ALLEGIANCE - MAYOR PULIDO DRAFT CITY COUNCIL MINUTES 1 O $, _5 MARCH 3, 2020 INVOCATION - BOB BARNETT. POLICE CHAPLAIN CEREMONIAL PRESENTATIONS 1. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing The Orange County NAACP for their Outstanding Contributions to the Community. 2. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing the RAYA Foundation for their Outstanding Contributions to the Community. 3. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Meals on Wheels Orange County for their Outstanding Contributions to the Community. Mayor Pulido made announcement that item 60B would be heard prior to Closed Session report out. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS - Pursuant to Government Code Sec. 54954.3, members of the public may address either the City Council or any of the City's other related entities, such as the Housing Authority, Successor Agency or other legislative bodies, meeting in conjunction with this scheduled meeting. Public comments may be made on any and all matters within the City of Santa Ana's jurisdiction or the jurisdiction of the other related entities. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak three (3) minutes on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE MAYOR. When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Iall:IINZK.7Jddtl:1►r1 Dale Helvig spoke regarding Item 25G and the intimidation to the circulators for the circulation of referendum against Ordinance No. 2980. DRAFT CITY COUNCIL MINUTES 1 O fj, _6 MARCH 3, 2020 CONSENT CALENDAR MOT/ON: Approve staff recommendations on the following Consent Calendar items: Items 10A through 29A. Councilmember Sarmiento motioned to approve the consent calendar items 10A through 29A, with the exception of items 20A, 25A, 25C, 25D, and 29A, seconded by Mayor Pro Tern Villegas. JdQIIP7. V[911A=F Councilmember Sarmiento AYES: NOES: ABST ABSENT: ADMINISTRATIVE MATTERS- MINUTES SECOND: Mayor Pro Tern Villegas Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) None (0) None (0) Riga (0) 10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 18, 2020 — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT CIELO ECHEGOYEN NOMINATED BY MAYOR PULIDO AS THE CITY-WIDE REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 - Clerk of the Council Office MOTION: Nominate Cielo Echegoyen for an appointment to the Youth Commission as a Regular member Mayoral representative. 13B. APPOINT CORY NELSON NOMINATED BY COUNCILMEMBER BACERRA AS THE WARD 4 REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 - Clerk of the Council Office MOTION: Nominate Cory Nelson for an appointment to the Board of Recreation and Parks as the Ward 4 representative. DRAFT CITY COUNCIL MINUTES 1 U z _7 MARCH 3, 2020 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office City Attorney announced the report out for Closed Session Item: 1A) Ana Manjarrez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01060879. Council approved up to a $92,000 settlement by a vote of 5-0 (Mayor Pulido and Councilmember Iglesias absent);2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Section 54956.9(d) of the Government Code, Case 2: Council authorized a filing of an unlawful detainer on the city -owned property by a vote of 4-0 (Councilmember Sarmiento abstained, Mayor Pulido and Councilmember Iglesias absent; and3) Council provided direction to staff on all other matters. 19B. EXCUSED ABSENCES — Clerk of tl BUDGETARY MATTERS r9»:i67Uzi Fill IEel ►I991111L3IIAIA►II-1 I Office 20A. APPROVE AN APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $710,000 TO SUPPORT THE COSTS ASSOCIATED WITH THE SIGNATURE VERIFICATION AND ADDITIONAL ACTIVITIES RELATING TO THE MAY 19, 2020 SPECIAL ELECTION — Clerk of the Council Office Continued from the February 18, 2020 City Council meeting by a vote of 4-3 (Iglesias, Pulido and Villegas dissented). MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-124 -In the amount of $710,000 to fund the costs associated with the May 19, 2020 special election. Motion to approve item 20A, APPROPRIATION ADJUSTMENT NO. 2020-124, in the amount of $710,000 to fund the costs associated with the May 19, 2020 special election. Moved by Mayor Pro Tern Villegas seconded by Councilmember Sarmiento. Mayor Pro Tern Villegas motioned to approve item 20A, seconded by Councilmember Sarmiento. MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) DRAFT CITY COUNCIL MINUTES 1 O $ _8 MARCH 3, 2020 ABSENT: None (0) Mayor Pro Tern Villegas verbalized that he would like to change his vote from a Yes to No, however, later indicated to Clerk of the Council, Daisy Gomez, that his YES vote will remain. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AMEND PURCHASE ORDER WITH WATERLINE TECHNOLOGIES FOR WATER TREATMENT CHEMICALS TO INCREASE THE AMOUNT BY $10,000 FOR THE PERIOD THROUGH APRIL 30, 2020 AND $50,000 FOR THE PERIOD THROUGH APRIL 30, 2021 TO BE FUNDED BY THE GENERAL FUND (SPECIFICATION NO. 17-020) - Finance and Management Services Agency and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute a purchase order contract amendment to Waterline Technologies for water treatment chemicals to increase the amount for the Parks, Recreation and Community Services Agency by $10,000 for the period through April 30, 2020 and $50,000 for the final renewal period through April 30, 2021 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. APPROVE CONTRACT AMENDMENTS WITH ACCO ENGINEERING, FM THOMAS, JOHNSON CONTROLS INC., AND TRANE, EXTENDING THE TERM FOR SIX MONTHS AND INCREASING THE COMPENSATION IN A COMBINED AMOUNT NOT TO EXCEED $200,000, FOR A TOTAL CONTRACT AMOUNT OF $1,400,000, FOR HEATING -VENTILATION -AIR CONDITIONING REPAIR SERVICES (SPECIFICATION NO. 15-114) - Finance and Management Services Agency; Public Works Agency and Police Department MOTION: Authorize the City Manager to amend the contracts with ACCO Engineering, FM Thomas, Johnson Controls Inc., and Trane for Heating -Ventilation -Air Conditioning (HVAC) repair services, including emergency on -call services, extending the term for six months, from March 15, 2020 to September 30, 2020, and increasing the compensation by an amount not to exceed $200,000, for a total contract amount of $1,400,000, subject to non -substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. APPROVE AN AGREEMENT WITH DULAC ENTERPRISES (DBA BIG RED BUS) FOR TROLLEY SERVICES FOR SPECIAL EVENTS IN THE CITY AND DOWNTOWN AREA IN AN AGGREGATE AMOUNT NOT TO EXCEED $188,800 (GENERAL FUND & NON -GENERAL FUND) - Community Development Agency MOTION: Authorize the City Manager to execute an agreement with the Dulac Enterprises (dba Big Red Bus) for trolley transportation services in the City of Santa Ana and Downtown area, for a one-year term from March 1, 2020 through March 31, 2021, in DRAFT CITY COUNCIL MINUTES 1 Olk_9 MARCH 3, 2020 the amount of $77,600 and an option for two one-year extensions exercisable by the City Manager and City Attorney, for an aggregate amount not to exceed of $188,800, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). Motion to approve as amended to request to add City branding on the trolley; authorize the City Manager to execute an agreement with the Dulac Enterprises (dba Big Red Bus) for trolley transportation services in the City of Santa Ana and Downtown area, for a one-year term from March 1, 2020 through March 31, 2021, in the amount of $77,600 and an option for two one- year extensions exercisable by the City Manager and City Attorney, for an aggregate amount not to exceed of $188,800, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-034). Moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to approve item 25A as amended, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES None (0) ABSTAIN: None (0) ABSENT: None (0) 40% 1 25B. APPROVE AN AGREEMENT WITH WHITE NELSON DIEHL EVANS LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES IN AN AMOUNT NOT TO EXCEED $371,260 — Finance and Management Services Agency MOT/ON: Authorize the City Manager to execute an agreement with White Nelson Diehl Evans LLP to provide professional auditing services in the amount of $185,630, with a provision for one one-year renewal in the amount of $185,630 for the period from March 3, 2020 through the completion of services for the fiscal year ending on June 30, 2021, for a total amount not to exceed $371,260 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This Consent Item 25B - Agreement No. 2020-035 was approved. 25C. APPROVE AN AGREEMENT WITH SO CAL RIDES, LLC. FOR CARNIVAL SERVICES AT CITY EVENTS FOR AN AMOUNT PAYABLE TO THE CITY OF 25 PERCENT OF GROSS SALES (30 PERCENT FOR ADVANCE SALES) WITH FUNDS DRAFT CITY COUNCIL MINUTES 1 U -1 O MARCH 3, 2020 TO BE DEPOSITED IN THE GENERAL FUND — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager to execute an agreement with So Cal Rides, LLC for carnival services at City events for an amount payable to the City of 25 percent of gross sales (30 percent for advance sales) for the period March 20, 2020 to March 2, 2023 with funds to be deposited in the General 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 So Cal Rides, LLC for carnival services at City events for an amount payable to the City of 25 percent of gross sales (30 percent for advance sales) for the period March 20, 2020 to March 2, 2023 with funds to be deposited in the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-036). Moved by Councilmember Penaloza seconded by Councilmember Iglesias. Councilmember Penaloza motioned to adopt item 25C, seconded by Councilmember Iglesias. MOTION: Councilmember SECOND: Councilmember Iglesias Penaloza VOTE: AYES: AIBSTAIN:qW ABSENT: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) None (0) None (0) None (0) 25D. APPROVE AN AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC. FOR TRAFFIC CONTROL EQUIPMENT AND SERVICES AT CITY EVENTS FOR AN ANNUAL AMOUNT NOT TO EXCEED $165,000, FOR A TOTAL AGREEMENT AMOUNT OF $495,292.89 TO BE FUNDED BY THE GENERAL FUND — Parks, Recreation and Community Services Agency; Police Department and Community Development Agency MOT/ON: Authorize the City Manager to execute an agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $165,000 and a total agreement amount of $495,292.89 for the period March 3, 2020 to March 2, 2023 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). Motion to Approve Authorize the City Manager to execute an agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual DRAFT CITY COUNCIL MINUTES 1 O -1 1 MARCH 3, 2020 amount not to exceed $165,000 and a total agreement amount of $495,292.89 for the period March 3, 2020 to March 2, 2023 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-037). Moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to approve item 25D, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25E. APPROVE AGREEMENTS WITH CALIFORNIA BARRICADE RENTALS, INC. AND STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. FOR ON -CALL TRAFFIC CONTROL SERVICES AND EQUIPMENT RENTAL FOR A THREE YEAR PERIOD IN AN AMOUNT NOT TO EXCEED $300,000 — Public Works Agency MOT/ON: Authorize the City Manager to execute agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on -call traffic control services and equipment rental for a three-year period beginning March 3, 2020 and expiring on March 2, 2023, with a provision for one two-year extension exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $300,000, 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 25E - Agreement No. 2020-038 and 2020-039 was approved. 25F. APPROVE AN AGREEMENT WITH HCI SYSTEMS, INC. IN THE AMOUNT OF $245,422 TO REPLACE A FIRE PANEL AT THE POLICE DEPARTMENT JAIL FACILITY, ESTIMATED DELIVERY COST $255,422 (SPECIFICATION NO. 19-116) (GENERAL FUND) - Public Works Agency and Police Department Authorize the City Manager to execute an agreement with HCI Systems, Inc. for the purchase and installation of an Edwards EST-3 fire alarm panel at the Santa Ana Jail, for the term beginning March 4, 2020 and expiring on December 31, 2020, with a provision for a one-year extension exercisable by the City Manager and City Attorney, in an amount not to exceed $245,422 which includes a DRAFT CITY COUNCIL MINUTES 1 U4-12 MARCH 3, 2020 contingency of $10,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2020-XXX). Approve the Project Cost Analysis for a total estimated construction delivery cost of $255,422, which includes $235,422 for purchase and installation and a $10,000 project contingency, and $10,000 for contract administration, inspection and testing. This Consent Item 25F - Agreement No. 2020-040 was approved. 25G. APPROVE LEGAL SERVICES AGREEMENT WITH RUTAN & TUCKER LLP FOR LAND USE AND CALIFORNIA ENVIRONMENTAL QUALITY ACT LITIGATION SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 — City Attorney's Office and Planning and Building Agency MOT/ON: Authorize the City Manager to execute an agreement for legal services with the law firm of Rutan & Tucker, LLP ("Rutan") for land use and California Environmental Quality Act ("CEQA") litigation services, effective March 3, 2020 until March 2, 2023, with a provision for a one-year extension exercisable by the City Manager and City Attorney in an amount not to exceed $150,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2020-XXX). This Consent Item 25G - Agreement No. 2020-041 was approved. Mayor Pulido announced that the Oath of Office would be taken out of order prior to Item 29A. MISCELLANEOUS - BUDGET 29A. APPROVE A SOLE SOURCE PURCHASE ORDER TO THE NATIONAL FITNESS CAMPAIGN, LLC (NFC) FOR THE PURCHASE OF A NFC FITNESS COURT AT DELHI AND ROSITA PARKS FOR AN AMOUNT NOT TO EXCEED $218,130 TO BE FUNDED BY THE GENERAL FUND — Parks, Recreation and Community Services Agency MOT/ON: Authorize the City Manager to execute a sole source purchase order to the National Fitness Campaign, LLC (NFC) for a NFC Fitness Court at Delhi and Rosita Parks for an amount not to exceed $218,130, funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. Motion to adopt to authorize the City Manager to execute a sole source purchase order to the National Fitness Campaign, LLC (NFC) for a NFC Fitness Court at Delhi and Rosita Parks for an amount not to exceed $218,130, funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. Moved by Councilmember Penaloza seconded by Councilmember Sarmiento. Councilmember Penaloza motioned to adopt Item 29A, seconded by Councilmember Sarmiento. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 3 MARCH 3, 2020 MOTION 11911A=F Councilmember Penaloza AYES: NOES: SECOND: Councilmember Sarmiento Mayor Pulido, Mayor Pro Councilmember Bacerra, Iglesias, Councilmember Councilmember Sarmiento, Solorio (7) None (0) ABSTAIN: None (C ABSENT: None (C END OF CONSENT CALENDAR I( ADMINISTER OATH OF OFFICE TO: Tern Villegas, Councilmember Penaloza, Councilmember 1. CIELO ECHEGOYEN, YOUTH COMMISSIONER 2. CORY NELSON, RECREATION AND PARKS BOARD MEMBER Clerk of the Council, Daisy Gomez, administered the Oath of Office to Cielo Echegoyen, Youth Commissioner. BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION DECLARING CITY -OWNED PROPERTY AT 203-205 W. CIVIC CENTER DRIVE (YMCA BUILDING) AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO COMPLY WITH REQUIREMENTS OF GOVERNMENT CODE 54220 FOR SALE OF SURPLUS LAND — Community Development Agency MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING CITY -OWNED PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE, AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND Motion to adopt RESOLUTION NO. 2020-014 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA DECLARING CITY -OWNED PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE, AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON DRAFT CITY COUNCIL MINUTES 104_ 1 4 MARCH 3, 2020 JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND moved by Councilmember Penaloza seconded by Councilmember Sarmiento. Councilmember Penaloza motioned to adopt 55A, seconded by Councilmember Sarmiento. MOTION VOTE: Councilmember Penaloza AYES: kiP7: &5 ABSTAIN ABSENT: SECOND: Councilmember Sarmiento Mayor Pulido, Mayor Pro Councilmember Bacerra, Iglesias, Councilmember Councilmember Sarmiento, Solorio (7) None (0) None (0) None (0) Tern Villegas, Councilmember Penaloza, Councilmember 55B. ADOPT A RESOLUTION APPROVING A ONE-YEAR EXTENSION OF THE VARIANCE NO. 2017-09 AND TENTATIVE TRACT MAP NO. 2017-03 FOR THE TOM'S TRUCKS DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH STREET - Planning and Building Agency MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE ONE YEAR EXTENSION OF VARIANCE NO. 2017-09 AND TENTATIVE TRACT MAP NO. 2017-03 FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH STREET Motion to Adopt RESOLUTION NO. 2020-015 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE ONE YEAR EXTENSION OF VARIANCE NO. 2017-09 AND TENTATIVE TRACT MAP NO. 2017-03 FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH STREET. Moved by Councilmember Bacerra seconded by Mayor Pro Tem Villegas. Councilmember Bacerra motioned to adopt item 55B, seconded by Mayor Pro Tern Villegas. Jdf]I I P] L VOTE: Councilmember Bacerra AYES: NOES: SECOND: Mayor Pro Tern Villegas Mayor Pulido, Mayor Pro Councilmember Bacerra, Iglesias, Councilmember Councilmember Sarmiento, Solorio (7) None (0) Tern Villegas, Councilmember Penaloza, Councilmember DRAFT CITY COUNCIL MINUTES 1 U4-15 MARCH 3, 2020 ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE THE FISCAL YEAR 2020-2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR A TOTAL AMOUNT OF $7,560,549 - Community Development Agency Continued from the February 18, 2020 City Council meeting by a vote of 6-0 (Sarmiento absent). 1. Approve the proposed fiscal Year 2020-2021 Community Development Block Grant Program in the estimated amount of $7,560,549, subject to adjustment upon notification of the Grant Year 2020 and 2021 award from the United States Department of Housing and Urban Development. The estimated amount of $7,560,549 includes $5,701,154 from the Grant Year 2020 allocation, re -allocation of prior year program funds in the amount of $1,004,222, and $855,173 from 2021 Grant Year allocation for public services from the United States Department of Housing and Urban Development. 3,Community Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments awarded funds as part of the approved Community Development Block Grant Program for a term beginning July 1, 2020 through June 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2020-XXX). Direct the City Attorney to finalize and authorize the City Manager to execute agreements with non-profit organizations awarded funds as part of the approved Development Block Grant Program for a two-year term beginning July 1, 2020 through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. Funding for Public Services approved for Fiscal Year 2020-2021 will be renewed at the same award amount for 2021-2022 subject to review of the non- profit organization's performance (Agreement No. A- 2020-XXX). DRAFT CITY COUNCIL MINUTES 1 U } _ 1 6 MARCH 3, 2020 Mayor Pro Tern Villegas motioned for the original amounts to be reinstated to the Women's Journey Foundation and Ralampago del Cielo and direct staff to find new funding for the Summer Night Lights program. PUBLIC COMMENT Dr. Ana Jimenez-Hami spoke in support of funding the Orange County Children's Therapeutic Arts Center. Councilmember Sarmiento requested to enhance funding toward the Delhi Center assistance. Councilmember Solorio requested that staff consider bringing back the item to fund additional asks by other means. City Manager Kristine reviewed Council's request from the prior meeting and noted changes made which entailed the fund reduction of two organizations to fund the Summer Night Lights program. Motion to amend original amounts to be reinstated to the Women's Journey Foundation and Ralampago del Cielo and direct staff to find new funding for the Summer Night Lights program and Delhi Center. Moved by Mayor Pro Tern Villegas seconded by Councilmember Sarmiento. Councilmember Bacerra requested that staff bring back to Council the details of where the funding will come from. Motion to approve amended item 60A, Fiscal Year 2020-2022 Community Development Block Grant Program for a total amount of $7,560,549: 1. Approve the proposed Fiscal Year 2020- 2021 Community Development Block Grant Program in the estimated amount of $7,560,549, subject to adjustment upon notification of the Grant Year 2020 and 2021 award from the United States Department of Housing and Urban Development. The estimated amount of $7,560,549 includes $5,701,154 from the Grant Year 2020 allocation, re -allocation of prior year program funds in the amount of $1,004,222, and $855,173 from 2021 Grant Year allocation for public services from the United States Department of Housing and Urban Development. 2. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments awarded funds as part of the approved Community Development Block Grant Program for a term beginning July 1, 2020 through June 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-042). 3. Direct the City Attorney to finalize and authorize the City Manager to execute agreements with non-profit organizations awarded funds as part of the approved Community Development Block Grant Program for a two-year term beginning July 1, 2020 through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. Funding for Public Services approved for Fiscal Year 2020-2021 will be renewed at the same award amount for 2021-2022 subject to review of the non-profit organization's performance (Agreement No. A-2020-043). 4. Direct staff to find additional funding for Summer Night Lights and the Delhi Center. Moved by Councilmember Penaloza seconded by Councilmember Iglesias. DRAFT CITY COUNCIL MINUTES 1 U4-17 MARCH 3, 2020 Councilmember Penaloza motioned to approve item 60A as presented and direct staff to find additional funding for Summer Night Lights and the Delhi Center, seconded by Councilmember Iglesias. MOTION VOTE: Councilmember Penaloza AYES: ki IQ: &S ABSTAIN ABSENT: SECOND: Councilmember Iglesias Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (4) Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Sarmiento (3) None (0) None (0) 60B. APPROVE ISSUANCE OF THE DRAFT SOLID WASTE SERVICES REQUEST FOR PROPOSALS, APPROVE A ONE-YEAR EXTENSION OF THE SOLID WASTE SERVICES AGREEMENT WITH WASTE MANAGEMENT, AND AUTHORIZE A PROPOSITION 218 PROCESS - Public Works Agency 3a) Approve issuance of the Draft Solid Waste Services Request for Proposals to maintain the established implementation timeline, subject to non -substantive ;changes. Approve a one-year extension June 30, 2021 through June 30, 2022 of the Solid Waste Services agreement With Waste Management that includes alternate programming for green waste diversion to maintain compliance with State legislation (Agreement No. A- 2020-XXX). Authorize and direct staff to prepare all required documents necessary to proceed with notification of proposed refuse rate adjustments in compliance with Proposition 218 requirements, including, but not limited to, the following: Prepare and mail proposed rate adjustment notices to all Santa Ana property owners with cart service in compliance with Proposition 218 requirements at cost not to exceed $20,000; 3b) Schedule a public hearing at a future Council meeting, on or after April 21, 2020; 3c) Prepare all other documents required to proceed with proposed refuse rate adjustments. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 8 MARCH 3, 2020 Motion to continue for two weeks to the March 17, 2020, City Council meeting. Moved by Mayor Pro Tern Villegas seconded by Councilmember Bacerra. Mayor Pro Tern Villegas motioned to continue item 60B, seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0),,. ABSEN Councilmember SarmieN(1) REPORTS 65A. DISCUSS THE FEASIBILITY OF A DOG PARK AT CENTENNIAL PARK AND PROVIDE DIRECTION TO STAFF — Parks, Recreation and Community Services Agency MOT/ON: Discuss the feasibility of a dog park at Centennial Park and provide direction to staff. Councilmembers provided direction to staff to bring back to Council Dog Park options and include an educational component for pet owners. Mayor Pulido left the meeting at 7:29 p.m. 75A. PUBLIC HEARING -APPROVE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THRIVE SANTA ANA, INC. AND A NINETY-NINE YEAR GROUND LEASE FOR THE DEVELOPMENT OF A MICROFARM AT 1901 W WALNUT AVENUE (APN# 007-332-08) -Community Development Agency Legal Notice published in the Orange County Reporter on February 21, 2020. 1. Conduct a Public Hearing required pursuant to California Government Code 53083. 2. Authorize the City Manager to execute a Disposition and Development Agreement with THRIVE, Santa DRAFT CITY COUNCIL MINUTES 1 U4-19 MARCH 3, 2020 Ana, Inc. for the development of a microfarm at 1901 W Walnut Street and to execute a 99-year Ground Lease, at a lease rate of one dollar per month, upon the terms and conditions contained in the Development and Disposition Agreement, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A- 2020-XXX). Iall:II[SZKe]81IVAl:11►11 Applicant Luis Sarmiento spoke in support of the item. Seeing no one else wishing to speak, Mayor Pro Tern Villegas opened and closed the public hearing at 7:51 p.m. Motion to approve to authorize the City Manager to execute a Disposition and Development Agreement with THRIVE, Santa Ana, Inc. for the development of a microfarm at 1901 W Walnut Street and to execute a 99-year Ground Lease, at a lease rate of one dollar per month, upon the terms and conditions contained in the Development and Disposition Agreement, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. A- 2020-044). Moved by Councilmember Bacerra seconded by Councilmember Penaloza. Councilmember Bacerra motioned to approve item 75A, seconded by Councilmember Penaloza. MOTION Councilmember Bacerra AYES: ABSENT: SECOND: Councilmember Penaloza Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) None (0) None (0) Mayor Pulido (1) 75B. PUBLIC HEARING - APPROVE SALES TAX SHARING AGREEMENT WITH TACENERGY — Community Development Agency Legal Notice published in the Orange County Reporter on February 21, 2020. MOT/ON: Conduct a public hearing and authorize City Manager to execute the Sales Tax Sharing Agreement with TACenergy for continued operation of the company's sales office in Santa Ana, for the period of April 1, 2020 through December 31, 2045, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2020-XXX). DRAFT CITY COUNCIL MINUTES 104-20 MARCH 3, 2020 Seeing no one wishing to speak, Mayor Pro Tern Villegas opened and closed the public hearing at 8:05 p.m. Motion to adopt to conduct a public hearing and authorize City Manager to execute the Sales Tax Sharing Agreement with TACenergy for continued operation of the company's sales office in Santa Ana, for the period of April 1, 2020 through December 31, 2045, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020- 045). Moved by Councilmember Solorio seconded by Councilmember Bacerra. Councilmember Solorio motioned to adopt item 75B, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) \(1) ABSTAIN: None (0) ABSENT: Mayor Pulido COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DIRECT STAFF TO TAKE ACTION, INCLUDING BUT NOT LIMITED TO, PREPARING A LETTER -WRITING CAMPAIGN TO STATE LEGISLATORS AND WORKING DIRECTLY WITH LEGISLATORS TO URGE THE REPEAL OF ASSEMBLY BILL 109, PROPOSITION 47, AND PROPOSITION 57, WHICH HAVE CAUSED AN EPIDEMIC OF CRIME, DRUGS, WASTE, AND DISTURBANCES IN OUR COMMUNITY - Councilmembers Iglesias and Penaloza Council supports with no objections and provided direction to City staff. 85B. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO RETURN TO THE CITY COUNCIL WITH OPTIONS AND RECOMMENDATIONS TO PROTECT AND ENSURE THE SAFETY OF THE RESIDENTS OF SANTA ANA, SUCH AS BY TAKING ACTION TO SUPPORT THE CITY OF COSTA MESA IN THEIR OPPOSITION TO THE TRANSPORTING OF PERSONS INFECTED WITH OR EXPOSED TO THE DRAFT CITY COUNCIL MINUTES 104-21 MARCH 3, 2020 CORONAVIRUS TO ANY PLACE WITHIN COSTA MESA UNTIL AN ADEQUATE SITE SURVEY HAS BEEN CONDUCTED, THE DESIGNATED SITE HAS BEEN DETERMINED SUITABLE FOR THIS PURPOSE, ALL NECESSARY SAFEGUARDS AND PRECAUTIONS HAVE BEEN PUT IN PLACE, AND THE PUBLIC AND LOCAL GOVERNMENT HAVE BEEN INFORMED OF ALL EFFORTS TO MITIGATE RISK OF TRANSMISSION OF THE DISEASE - Councilmember Penaloza Council supports with no objections and provided direction to City staff. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). Donna Rosalie Carranza spoke in support keeping the Mental Health Association open. Kathleen Bagley spoke in support of keeping the Mental Health Association open. Councilmember Solorio left the meeting at 8:26 p.m. Lili Graham spoke in support of keeping the Mental Health Association open and dismiss the lawsuit. Heide Joya spoke in support of keeping the Mental Health Association open and dismiss the lawsuit. 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS Councilmember Bacerra made community announcements. Councilmember Sarmiento made community announcements. Councilmember Penaloza made community announcements. Councilmember Iglesias made community announcements. Mayor Pro Tern Villegas made community announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, March 17, 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 Pro Tern Villegas adjourned the City Council meeting at 8:44 p.m. DRAFT CITY COUNCIL MINUTES 1 U4_22 MARCH 3, 2020 FUTURE AGENDA ITEMS Ir:Eel :70Ito] ►12_l:7:gOil :4241►nwell a9:i alx011 PARK SECURITY UPDATE DRAFT CITY COUNCIL MINUTES 1 U4-23 MARCH 3, 2020