HomeMy WebLinkAbout2020-03-17 Regular and Special
FINAL 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.
None.
CITY COUNCIL MINUTES 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
1. EMERGENCY-THREAT TO PUBLIC SAFETY/FACILITIES pursuant to
Government Code Section 54957.
REGULAR CLOSED SESSION ITEMS
1. 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.
CITY COUNCIL MINUTES 2 MARCH 17, 2020
CITY COUNCIL SPECIAL AND REGULAR OPEN MEETING
MARCH 17, 2020, 5:45 p.m. (Immediately following the Closed Session Meeting)
CALL TO ORDER - MAYOR PULIDO
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 Tem 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.
CITY COUNCIL MINUTES 3 MARCH 17, 2020
2. 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
CITY COUNCIL MINUTES 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.
None.
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 Tem 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.
CITY COUNCIL MINUTES 5 MARCH 17, 2020
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF MARCH 3, 2020 - Clerk of the
Council Office
MOTION: Approved Minutes.
BOARDS / COMMISSIONS / COMMITTEES
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).
CITY COUNCIL MINUTES 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 Tem Villegas, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Councilmember Bacerra (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Mayor Pulido (1)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
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
1. 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.
CITY COUNCIL MINUTES 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
1. 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).
2. 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
CITY COUNCIL MINUTES 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 IWATER, 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
CITY COUNCIL MINUTES 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.
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES 10 MARCH 17, 2020
BUSINESS CALENDAR
RESOLUTIONS
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
CITY COUNCIL MINUTES 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 Tem 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.
CITY COUNCIL MINUTES 12 MARCH 17, 2020
MOTION: Councilmember SECOND: Councilmember Bacerra
Sarmiento
VOTE: AYES: Mayor Pro Tem 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 SANTA ANA 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.
PUBLIC COMMENT
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.
CITY COUNCIL MINUTES 13 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 Tem
Villegas.
Councilmember Penaloza motioned to adopt as amended, seconded by Mayor Pro Tem
Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tem Villegas
Penaloza
VOTE: AYES: Mayor Pulido, Mayor Pro Tem 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)
CITY COUNCIL MINUTES 14 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.
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-2020-054)
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.
CITY COUNCIL MINUTES 15 MARCH 17, 2020
MOTION: Councilmember SECOND: Councilmember Bacerra
Sarmiento
VOTE: AYES: Mayor Pro Tem 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
CITY COUNCIL MINUTES 16 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 SECOND: Councilmember Sarmiento
Penaloza
VOTE: AYES: Mayor Pro Tem Villegas, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Councilmember Bacerra (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Mayor Pulido (1)
PUBLIC HEARINGS
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.
CITY COUNCIL MINUTES 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 Tem 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 Tem 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.
CITY COUNCIL MINUTES 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 Tem 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 Tem 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 Tem Villegas closed the public
hearing at 8:17 p.m.
CITY COUNCIL MINUTES 19 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 Tem 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.
CITY COUNCIL MINUTES 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 Tem Villegas made community announcements and adjourned the City
Council meeting at 9:18 p.m.
CITY COUNCIL MINUTES 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
CITY COUNCIL MINUTES 22 MARCH 17, 2020