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HomeMy WebLinkAbout10A - DRAFT MINUTES REGULAR MEETINGDRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 17, 2020 CLOSED SESSION MEETING 'IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS), THE CITY OF SANTA ANA ENCOURAGES THE PUBLIC TO VIEW THIS CITY COUNCIL MEETING ON TELEVISION OR ONLINE INSTEAD OF ATTENDING IN PERSON. THE MEETING IS BROADCAST LIVE ON SPECTRUM TV CHANNEL 3 AND LIVE STREAMED ONLINE AT WWW.SANTA-ANA.ORG/CC/CITY-MEETINGS. MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE THE COUNCIL, IN LIEU OF DOING SO IN PERSON, MAY SUBMIT COMMENTS BY EMAILING ECOMMENTS@SANTA-ANA.ORG, WHICH WILL BE PROVIDED TO COUNCIL AS PART OF THE COUNCIL MEETING RECORD AND WILL BE UPLOADED TO THE CITY'S WEBSITE. NOTE: SPECIAL CLOSED SESSION ITEM 1 AND OPEN SESSION ITEM 55C HAVE BEEN ADDED ON MARCH 16, 2020. EMERGENCY AND REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL - MARCH 17, 2020, 5:00 P.M. Mayor Pulido called the Emergency and Regular Closed Session Meeting to Order at 5:11 p.m. Councilmember Iglesias joined the meeting at 5:19 p.m. Councilmembers, BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO AND VILLEGAS City Manager, City Attorney, Clerk of the Council PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda. lorem DRAFT CITY COUNCIL MINUTES 1 OA_ 1 MARCH 17, 2020 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: COUNCIL RECESSED to room 147 for Closed Session discussion at 5:11 p.m. SPECIAL CLOSED SESSION ITEM - pursuant to Government Code Section 54956.5 EMERGENCY -THREAT TO PUBLIC SAFETY/FACILITIES pursuant to Government Code Section 54957. REGULAR CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) C. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) D. 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 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 SPECIAL AND REGULAR OPEN SESSION. Mayor Pulido adjourned Closed Session meeting at 6:08 p.m. and convened to the Special (Item 55C) and Regular Open Session. DRAFT CITY COUNCIL MINUTES 1 O z _A MARCH 17, 2020 CITY COUNCIL SPECIAL AND REGULAR OPEN MEETING MARCH 17, 2020, 5:45 p.m. (Immediately following the Closed Session Meeting) CH_1Iarexelcl91:1:aJiFTWO]0all 4IIX Mayor Pulido adjourned the Special and Regular Closed Session and called the Special (Item 55C) and Open Regular meeting to order at 6:11 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Bacerra COUNCILMEMBERS Absent: None STAFF Present: City Manager, City Attorney, Clerk of the Council COUNCILMEMBERS BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO, AND VILLEGAS PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION - HEATHER RILEY, POLICE CHAPLAIN Invocation by Chaplain Dave Mitchell. Mayor Pulido announced that Item 55C will be considered out of order and will dispense Item 85C. CEREMONIAL PRESENTATIONS Mayor Pulido left the meeting at 6:42 p.m. 1. SPECIAL PRESENTATION — Park Security Update by Parks, Recreation and Community Services Agency Special presentation taken out of order and presented by Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Agency. DRAFT CITY COUNCIL MINUTES 1 OA-3 MARCH 17, 2020 PROCLAMATION presented by MAYOR PRO TEM VILLEGAS recognizing Youth Art Month. Proclamation postponed to a later date. 3. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BACERRA recognizing Veterans Legal Institute for their Outstanding Contributions to the Community. No representatives from the Veterans Legal Institute were present. 4. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing OASIS Center International for their Outstanding Contributions to the Community. Mayor Pulido made an announcement regarding precautions related to the COVID- 19. Presentation considered before Special Presentation on Park Security Update. 5. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing the organizers of Boca de Oro for their Outstanding Contributions to the Community. The Certificate of recognition for Boca de Oro postponed to a later date. 6. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Orange County Children's Therapeutic Arts for their 20th Anniversary and for their Outstanding Contributions to the Community. The Certificate of Recognition for Orange County Children's Therapeutic Arts postponed to a later date. 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 DRAFT CITY COUNCIL MINUTES 1 O Q _4 MARCH 17, 2020 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. lorem CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25D. Motion to Approve the Consent Calendar items 10A through 25D, with the exception of item 19D. moved by Councilmember Sarmiento seconded by Councilmember Penaloza. Councilmember Sarmiento motioned to approve the consent calendar items, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) Clerk of the Council, Daisy Gomez, administered the Oath of Office to Vanessa Gomez, Youth Commissioner, immediately after the consent calendar vote. DRAFT CITY COUNCIL MINUTES 1 0jk-5 MARCH 17, 2020 ADMINISTRATIVE MATTERS IJAI10Lill * 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 3, 2020 -Clerk of the Council Office MOTION: Approved Minutes. ri.�_v�.�ycK.wlvl��y�.�►�ycK.�wlvlr�ra 13A. APPOINT VANESSA GOMEZ NOMINATED BY COUNCILMEMBER IGLESIAS TO THE YOUTH COMMISSION AS THE WARD 6 ASSOCIATE REPRESENTATIVE FOR A PARTIAL -TERM EXPIRING DECEMBER 13, 2022 - Clerk of the Council Office MOTION: Nominate Vanessa Gomez for an appointment to the Youth Commission as the Ward 6 Associate representative (replaces A. Sarmiento). Clerk of the Council, Daisy Gomez, administered the Oath of Office to Vanessa Gomez, Youth Commissioner after the consent calendar vote. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) —City Attorney's Office City Manager announced the report out for Closed Session. 1) It was unanimously agreed that City Hall would be closed to the public beginning March 18, 2020, however, full-time and part-time employees are to report to work. 2) City Council and Planning Commission meetings will continue virtually unless a cancelation. 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. RECEIVE AND FILE— FISCAL YEAR 2018-19 SINGLE AUDIT REPORT — Finance and Management Services Agency MOTION: Receive and file the Single Audit Report for the fiscal year ended June 30, 2019. 19D. CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT — Planning and Building Agency MOTION: Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Department of Housing and Community Development (HCD). DRAFT CITY COUNCIL MINUTES 1 O Cy _6 MARCH 17, 2020 Motion to Approve submittal of the General Plan Housing Element Annual Progress Report to the State of California Department of Housing and Community Development (HCD). moved by Councilmember Bacerra seconded by Councilmember Sarmiento. Councilmember Bacerra motioned to approve, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Bacerra VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) BUDGETARY MATTERS r_���:z.»:a_�r�.�►r_uan��rwla►r� 20A. APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $285,295, FOR GRANT -FUNDED CROSSWALK UPGRADES - PHASE II PROJECT WITH AN ESTIMATED TOTAL COST OF $460,400 (PROJECT NO. 17-6876) - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-132 - Recognizing $460,400 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 Building expenditure account. 2. Award contract to Elecnor Belco Electric, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $285,295, for construction of Crosswalk Upgrades — Phase II 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. DRAFT CITY COUNCIL MINUTES 1 O z _7 MARCH 17, 2020 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $460,400, which includes $285,295 for the construction contract, $60,000 for contract administration, inspection and testing, and an $115,105 project contingency for future and unanticipated work. 20B. APPROVE MUNICIPAL FACILITIES LICENSE AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP AND APPROVE AN APPROPRIATION ADJUSTMENT - Public Works Agency Authorize the City Manager to execute an agreement with Los Angeles SMSA Limited Partnership for the use of certain City facilities for a ten-year period beginning April 1, 2020, and expiring March 31, 2030, with provisions for two automatic five-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-135 - Recognizing anticipated revenues from the application fees received from the implementation of the Municipal Facilities License Agreement in the amount of $50,000 into the Public Works Revenues, Small Cell Application Fee for City Facilities revenue account and appropriate the same amount to Public Works City Facilities License Agreement, Contract Services - Professional expenditure account. This Consent Item - Agreement No. 2020-047 was approved. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A CONTRACT TO STOMMEL INC. DBA LEHR AUTO ELECTRIC FOR POLICE VEHICLE CONVERSION EQUIPMENT AND INSTALLATION SERVICES FOR $200,000 FOR A ONE-YEAR PERIOD WITH A TOTAL NOT TO EXCEED $1,000,000 (INTERNAL SERVICE FUND AND GENERAL FUND) (SPECIFICATION NO. 20-007) - Finance and Management Services Agency; Public Works Agency and Police Department MOTION: Award a contract to Stommel Inc. dba Lehr Auto Electric for police vehicle conversion equipment and installation services for a one-year period, with provisions for four, one-year renewals exercisable by the City Manager, in an annual amount not to exceed $200,000, for a total not to exceed $1,000,000, subject to non-susbtantive changes approved by the City Manager and City Attorney. 22B. AWARD PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $183,535 TO UNITED WATER WORKS, INC. FOR A WATER METER TEST BENCH (SPECIFICATION NO. 19-138) - Finance and Management Services Agency and Public Works Agency DRAFT CITY COUNCIL MINUTES 1 O $ _8 MARCH 17, 2020 MOTION: Authorize a one-time purchase and payment of purchase order to United Water Works, Inc. for the purchase of a water meter test bench in an amount not to exceed $183,535, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AMEND THE CONSTRUCTION CONTRACT WITH HARDY & HARPER, INC. BY $62,499, FOR A NEW CONTRACT TOTAL AMOUNT OF $295,099, TO CONSTRUCT THE THORNTON PARK PARKING LOT IMPROVEMENTS WITH NO CHANGE TO THE ESTIMATED TOTAL PROJECT COST OF $320,000 (PROJECT NO. 18-7530) — Public Works Agency; Community Development Agency and Parks, Recreation and Community Services Agency 1. Authorize the City Manager to amend the construction contract with Hardy & Harper, Inc. via change order, by an increase of $62,499, resulting in a revised construction contract total of $295,099. 2. Approve a revised Project Cost Analysis authorizing the reclassification of the approved project contingency of $23,260 and reducing project administration, testing, and inspection costs in the amount of $39,239 for a net zero change in the original approved Community Development Block Grant (CDBG) project funding of $320,000. AGREEMENTS 25A. APPROVE AN AMENDMENT TO AGREEMENT WITH COMMONWEALTH TITLE COMPANY FOR AN EIGHT -MONTH EXTENSION TO COMPLETE OUTSTANDING TITLE AND ESCROW RELATED SERVICES — Public Works Agency MOTION: Authorize the City Manager to execute an amendment to extend the existing agreement with Commonwealth Title Company from March 31, 2020 to December 31, 2020, to complete outstanding title and escrow -related services subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This Consent Item - Agreement No. 2020-048 was approved. 25B. APPROVE AN AGREEMENT WITH (WATER, INC. FOR DIGITAL WATER MAPPING AND SUPPORT SERVICES FOR A THREE YEAR PERIOD IN AN ANNUAL AMOUNT OF $376,000 (TOTAL NOT TO EXCEED $1,880,000) — Public Works Agency DRAFT CITY COUNCIL MINUTES 1 O $ _9 MARCH 17, 2020 MOTION: Authorize the City Manager to execute an agreement with iWater, Inc. to provide digital water system mapping and support services for a three-year period, beginning April 1, 2020 and expiring March 31, 2023, with provisions for two one-year extensions exercisable by the City Manager and City Attorney, in an annual amount not to exceed $376,000, for a total agreement amount not to exceed $1,880,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This Consent Item - Agreement No. 2020-049 was approved. 25C. APPROVE AN AGREEMENT ACCEPTING SANTA ANA WATERSHED PROJECT AUTHORITY FUNDS FOR THE WASHINGTON AVENUE WELL PROJECT IN THE AMOUNT OF $100,000 PROJECT NO. 19-6423 (NON - GENERAL FUND) - Public Works Agency MOTION: Authorize the City Manager to execute an agreement with the Santa Ana Watershed Project Authority for the period of December 17, 2019 to December 31, 2020, accepting Proposition 1 Integrated Regional Water Management (IRWM) Program Disadvantaged Communities (DAC) Involvement Program Grant funding in the amount of $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2020-XXX). This Consent Item - Agreement No. 2020-050 was approved. 25D. APPROVE THIRD AMENDMENT TO SIEMENS MASTER SERVICES AGREEMENT IN THE AMOUNT OF $261,000 FOR ON -GOING CITY-WIDE CAMERA SYSTEMS MAINTENANCE (TOTAL AMOUNT NOT TO EXCEED $1,777,824) — Police Department; Parks, Recreation and Community Services Agency; Community Development Agency and Library Department MOTION: Authorize the City Manager to execute the third amendment to the Master Services Agreement with Siemens, Inc., for on -going city-wide camera systems maintenance. The amendment includes additions to the original scope of work for the third and final year of systems maintenance under the Master Services Agreement, and increases the overall agreement amount of $1,516,824 by $261,000, for a new not -to -exceed amount of $1,777,824, subject to non - substantive changes approved by the City Manager and City Attorney. The term of the agreement remains November 9, 2017 through November 8, 2020 (Agreement No. A-2020-XXX). This Consent Item - Agreement No. 2020-051 was approved. IA011Z6191K01►69A►I111115679IA►1U9:7 DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O MARCH 17, 2020 BUSINESS CALENDAR 1:7�Y�A�>f�[�7► 55A. ADOPT RESOLUTIONS ACCEPTING GRANT FUNDS FROM THE STATE COASTAL CONSERVANCY FOR SANTIAGO PARK PHASE I CONSTRUCTION IN THE AMOUNT OF $1,000,000 AND SANTIAGO PARK PHASE II DESIGN IN THE AMOUNT OF $250,000 AND APPROVE AN APPROPRIATION ADJUSTMENT - Parks, Recreation and Community Services Agency 1. Adopt a resolution (Agreement No. A-2020-XXX). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A GRANT FROM THE STATE COASTAL CONSERVANCY FOR IMPROVEMENTS TO SANTIAGO PARK IN THE AMOUNT OF $1,000,000 AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY 2. Adopt a resolution (Agreement No. A-2020-XXX). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A GRANT FROM THE STATE COASTAL CONSERVANCY FOR PREPARATION OF A DESIGN AND ENGINEERING SPECIFICATION PLAN FOR IMPROVEMENTS TO SANTIAGO PARK IN THE AMOUNT OF $250,000 AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY (Agreement No. A-2020-XXX) 3. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO.2020-134 - Recognizing $1,250,000 in grant revenue from the State Coastal Conservancy and appropriate $1,250,000 into the corresponding expenditure account to implement the two projects in the Parks, Recreation and Community Services Agency (PRCSA) Capital Grant Fund. Motion to adopt 1. RESOLUTION NO. 2020-017 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A GRANT FROM THE STATE COASTAL CONSERVANCY FOR IMPROVEMENTS TO SANTIAGO PARK IN THE AMOUNT OF $1,000,000 AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY. (Agreement No. A-2020-052) 2. RESOLUTION NO. 2020-018 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A GRANT FROM THE STATE COASTAL CONSERVANCY FOR PREPARATION OF A DESIGN AND ENGINEERING SPECIFICATION PLAN FOR IMPROVEMENTS TO SANTIAGO PARK IN THE AMOUNT OF $250,000 AND AUTHORIZING THE CITY MANAGER DRAFT CITY COUNCIL MINUTES 1 O4_ 11 MARCH 17, 2020 TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY (Agreement No. A-2020-053). 3. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO.2020-134 - Recognizing $1,250,000 in grant revenue from the State Coastal Conservancy and appropriate $1,250,000 into the corresponding expenditure account to implement the two projects in the Parks, Recreation and Community Services Agency (PRCSA) Capital Grant Fund. moved by Councilmember Solorio seconded by Councilmember Penaloza. Councilmember Solorio motioned to approve, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Solorio VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) 55B. ADOPT A RESOLUTION FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2017-29 AND VARIANCE NO. 2017-07 FOR THE HAMPTON INN HOTEL TO BE LOCATED AT 2129 NORTH MAIN STREET - Planning and Building Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR A ONE YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2017-29 AND VARIANCE NO. 2017-07 FOR THE HAMPTON INN HOTEL DEVELOPMENT TO BE LOCATED AT 2129 NORTH MAIN STREET Motion to Adopt RESOLUTION NO. 2020-019 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR A ONE YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2017-29 AND VARIANCE NO. 2017-07 FOR THE HAMPTON INN HOTEL DEVELOPMENT TO BE LOCATED AT 2129 NORTH MAIN STREET moved by Councilmember Sarmiento seconded by Councilmember Bacerra. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 104-12 MARCH 17, 2020 MOTION: Councilmember SECOND: Councilmember Bacerra Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) SPECIAL MEETING - EMERGENCY RESOLUTION 55C. ADOPT RESOLUTION PROCLAIMING A LOCAL EMERGENCY DUE TO THE PANDEMIC CREATED BY THE COVID-19 VIRUS MOTION: Adopt a Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA PROCLAIMING A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Item 55C taken out of order and considered before Ceremonial Presentations. City Attorney Sonio Carvalho provided a brief overview on the emergency resolution that will remain in place until terminated by the Council. Ill]:l1NZK1]TAIJil:11►11 Daniel Cornelious spoke in support of the item, and in support of a moratorium on evictions. Mextli Lopez spoke in support of the item and a proposed ordinance regarding moratorium on evictions drafted along with the Public Law Center. David Carbajal spoke in support of the item and a moratorium on evictions and utility shut -offs. Maria Ceja spoke in support of the item and the moratorium eviction. Council discussion ensued and direction provided to City Manager, Kristine Ridge. DRAFT CITY COUNCIL MINUTES 104-1 3 MARCH 17, 2020 Motion to Adopt as amended RESOLUTION NO. 2020-016 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROCLAIMING A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19), moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to adopt as amended, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Presentations considered after deliberation on Item 55C. ADMINISTRATIVE MATTERS - BUSINESS 60A. 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. Continued from the March 3, 2020 City Council meeting by a vote of 6-0 (Sarmiento absent). 1. Approve issuance of the Draft Solid Waste Services Request for Proposals to maintain the established implementation timeline, subject to non -substantive changes. 2. Authorize the City Manager to execute the second amendment to the fourth amended and restated agreement with Waste Management for collection and handling of solid wastes generated, produced, and/or accumulated in the City of Santa Ana, approving a one-year extension from June 30, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney and including alternate programming for green waste diversion to maintain compliance with State legislation. (Agreement No. A-2020-XXX) DRAFT CITY COUNCIL MINUTES 104_ 1 4 MARCH 17, 2020 3. 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: a) 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; b) Schedule a public hearing at a future Council meeting, on or after May 19, 2020; c) Prepare all other documents required to proceed with proposed refuse rate adjustments. Presented by Christy Kindig, Public Works Agency Projects Manager. Council provided direction to City Manager regarding a request to negotiate for new items from Waste Management. Motion to Adopt 1. Approve issuance of the Draft Solid Waste Services Request for Proposals to maintain the established implementation timeline, subject to non -substantive changes. Authorize the City Manager to execute the second amendment to the fourth amended and restated agreement with Waste Management for collection and handling of solid wastes generated, produced, and/or accumulated in the City of Santa Ana, approving a one-year extension from June 30, 2021 to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney and including alternate programming for green waste diversion to maintain compliance with State legislation. (Agreement No. A-2020-054) 3) 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: a) 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; b) Schedule a public hearing at a future Council meeting, on or after May 19, 2020; c) Prepare all other documents required to proceed with proposed refuse rate adjustments, moved by Councilmember Sarmiento seconded by Councilmember Bacerra. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 1 04-1 5 MARCH 17, 2020 MOTION: Councilmember SECOND: Councilmember Bacerra Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) 60B. APPROVE A ONE-YEAR EXTENSION OF THE CONSTRUCTION AND DEMOLITION DEBRIS SERVICES AGREEMENTS WITH WASTE MANAGEMENT COLLECTION AND RECYCLING INC. AND WARE DISPOSAL, AND HOST FEE AGREEMENT WITH MADISON MATERIALS — Public Works Agency 1. Authorize the City Manager to execute the proposed extension of the Agreement for Collection and Handling of Construction and Demolition Debris with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County), extending the expiration date to June 30, 2022, at the current terms, with an expected revenue of $150,000, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-XXX) 2. Authorize the City Manager to execute the proposed extension of the Agreement for Collection and Handling of Construction and Demolition Debris with Ware Disposal, extending the expiration date to June 30, 2022, at the current terms, with an expected revenue of $14,500, subject to non - substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-XXX) 3. Authorize the City Manager to execute the proposed extension of the Host Fee Agreement with Madison Materials, extending the expiration date to June 30, 2022, at the current terms, with an expected revenue of $22,000, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-XXX) PUBLIC COMMENT - George Urch spoke in support of the item. Motion to Adopt 1. Authorize the City Manager to execute the proposed extension of the Agreement for Collection and Handling of Construction and Demolition Debris with Waste Management Collection and Recycling, Inc. (dba Waste Management of Orange County), extending the expiration date to June 30, 2022, at the current terms, with DRAFT CITY COUNCIL MINUTES 104-1 6 MARCH 17, 2020 an expected revenue of $150,000, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-055) 2. Authorize the City Manager to execute the proposed extension of the Agreement for Collection and Handling of Construction and Demolition Debris with Ware Disposal, extending the expiration date to June 30, 2022, at the current terms, with an expected revenue of $14,500, subject to non -substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-056) 3. Authorize the City Manager to execute the proposed extension of the Host Fee Agreement with Madison Materials, extending the expiration date to June 30, 2022, at the current terms, with an expected revenue of $22,000, subject to non - substantive changes approved by the City Manager and City Attorney. (Agreement No. A-2020-057) moved by Councilmember Penaloza seconded by Councilmember Sarmiento. Councilmember Penaloza motioned to adopt, seconded by Councilmember Sarmiento. MOTION: Councilmember Penaloza VOTE: AYES: NOES ABSTAIN: FA *4=I.III F PUBLIC HEARINGS SECOND: Councilmember Sarmiento Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) None (0) None (0) Mayor Pulido (1) 75A. PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2018-28, AMENDMENT APPLICATION NO. 2019-03 AND CONDITIONAL USE PERMIT NO. 2019-21 FOR A PROPOSED 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET — Planning and Building Agency. Planning Commission approved recommended action on February 10, 2020 by a vote of 5-0 (Contreras -Leo and Garcia absent). Legal Notice published in the Orange County Reporter on March 6, 2020 and notices mailed on March 5, 2020. DRAFT CITY COUNCIL MINUTES 104-17 MARCH 17, 2020 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO- FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) 3. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET Mayor Pro Tern Villegas opened the public hearing at 7:20 p.m. Presented by Minh Thai, Executive Director of the Planning and Building Department. Applicant Adan Madrid with ASI Development spoke regarding the item. Hearing no one else wishing to speak, Mayor Pro Tern Villegas closed the public hearing at 8:01 p.m. Motion to Approve as Amended 1. Adopt RESOLUTION NO. 2020-020 ENTITLED. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO-FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) 3. Continue item 3, adoption of resolution, until applicant has performed community outreach and return to council for future consideration, moved by Councilmember Iglesias seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 104-18 MARCH 17, 2020 Councilmember Iglesias motioned to approve as amended, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Iglesias VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) 75B. PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-05 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS - Planning and Building Agency. Planning Commission approved recommended action on February 10, 2020 by a vote of 5-0 (Contreras -Leo and Garcia absent). Legal Notice published in the Orange County Reporter on March 6, 2020. MOTION: Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS Mayor Pro Tern Villegas opened the public hearing at 8:06 p.m. Presented by Minh Thai, Executive Director of the Planning and Building Department. PUBLIC COMMENT Matthew Fertal spoke in support of adding an accessory dwelling unit in the zoning area in a commercial and professional zone. Hearing no one else wishing to speak, Mayor Pro Tern Villegas closed the public hearing at 8:17 p.m. DRAFT CITY COUNCIL MINUTES 104-1 9 MARCH 17, 2020 Councilmember Bacerra motioned and seconded by Councilmember Sarmiento with the understanding that Director Minh Thai work with Mr. Fertal and his son. Motion to Adopt Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, moved by Councilmember Bacerra seconded by Councilmember Sarmiento. Councilmember Bacerra motioned to adopt, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Bacerra VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Bacerra (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido, Councilmember Solorio (2) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO EXPLORE OPPORTUNITIES FOR FOOD VENDORS TO OPERATE IN CITY PARKS TO ENCOURAGE GREATER UTILIZATION OF THIS SPACE AND DETER POTENTIAL TRANSIENTS - Councilmember Iglesias Majority Council supports with no objections and provided direction to City staff. 85B. DISCUSS AND CONSIDER DIRECTING CITY ATTORNEY AND CLERK OF THE COUNCIL TO DRAFT A RESOLUTION OR ORDINANCE TO ENABLE THE CLERK OF THE COUNCIL TO VERIFY AND ENFORCE SANTA ANA CITY CHARTER SECTION 401 RESIDENCY REQUIREMENTS AS APPLIED TO MAYOR AND COUNCIL MEMBER CANDIDATES AND INCUMBENT MAYOR AND COUNCIL MEMBERS - Councilmembers Bacerra and Penaloza Item 85B was heard after Public Comment on non -agenda items. DRAFT CITY COUNCIL MINUTES 104-20 MARCH 17, 2020 Council supports and provided direction to City staff. 85C. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO POTENTIALLY CANCEL FUTURE CITY COUNCIL MEETINGS AND EXPLORE VIRTUAL MEETING OPTIONS - Mayor Pulido Mayor Pulido withdrew Item 85C. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). Evans Arek spoke regarding police brutality. Elliott Valdez spoke regarding Albert Blas. Mario Chavez spoke regarding COVID-19 and the assistance being provided by Lou Correa. 90A. CITY MANAGER'S COMMENTS City Manager Kristine Ridge made a brief announcement. 90B. CITY COUNCILMEMBER COMMENTS - 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. March 4 - March 6, 2020 Councilmember Penaloza - League of California Cities Planning Commissioners Academy - Sacramento, CA Councilmember Bacerra made community announcements. Councilmember Sarmiento made community announcements. Councilmember Solorio made community announcements. Councilmember Penaloza made community announcements. Councilmember Iglesias made community announcements. Mayor Pro Tern Villegas made community announcements and adjourned the City Council meeting at 9:18 p.m. DRAFT CITY COUNCIL MINUTES 104-21 MARCH 17, 2020 ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, April 7, 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. Adjourn Meeting in Memory of Albert Blas and Richard Salvetta FUTURE AGENDA ITEMS 1. One Broadway Plaza Mixed Use Development Project 2. Commercial and Medicinal Cannabis Regulation Amendments and Updates DRAFT CITY COUNCIL MINUTES 104-22 MARCH 17, 2020