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HomeMy WebLinkAbout10A - 4-7-2020 MINUTES REVISEDDRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 7, 2020 CLOSED SESSION MEETING IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS), THE CITY OF SANTA ANA DECLARED A LOCAL EMERGENCY. CITY COUNCIL MET VIA TELECONFERENCE AND NO IN -PERSON PUBLIC MEETING OCCURRED. PUBLIC PARTICIPATED VIA LIVE STREAM AT SANTA-ANA.ORG/CITY-MEETINGS AND YOUTUBE.COM/CITYOFSANTAANAVIDEOS/LIVE; CABLE CHANNEL 3 (SPECTRUM) OR CHANNEL 99 (AT&T U-verse). PUBLIC PROVIDED COMMENT ON AGENDA ITEMS VIA EMAIL TO ECOMMENT@SANTA-ANA.ORG BY 5:00 P.M. ON COUNCIL MEETING TUESDAY. PUBLIC PROVIDED COMMENT ON PUBLIC HEARING AND NON -AGENDA ITEMS BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#, OR VIA THE YOUTUBE LIVE CHAT AT THE BEGINNING OF THE ITEM. CALL TO ORDER - Mayor PULIDO Mayor Pulido called the meeting to order at 5:02 p.m. Councilmembers: BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO AND VILLEGAS PUBLIC COMMENTS - In accordance with California Governor's Executive Order N-25- 20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note the following: Comments for Public Participation or for a specific item on the agenda will be accepted by email only. Comments will be viewable on the City Meetings web page. The City Clerk will announce a report in support of or opposition to an item. The deadline to submit your comments is Council meeting Tuesday, by 5:00 p.m. Please email your comments to ecomment@santa-ana.org Please state your name for the record, on the subject line of your email, state the following: "Public Comment for Agenda Item No. #" E-comments received and filed DRAFT CITY COUNCIL MINUTES 104-1 APRIL 7, 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1A) City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) 2B) 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) 3C) 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) 4D) AC 2525 Main, LLC, et al v. City of Santa Ana, et al, Orange County Superior Court Case No. 30-2020-01137879-CU-WM-CXC 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 3017 West 5th Street, APN: 198-291-08 Agency Negotiator: Kristine Ridge, City Manager Negotiating Parties: City of Garden Grove Under Negotiation: Price and terms related to the possible acquisition of real property. 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 6:25 p.m. and convened to the Regular Open Session. DRAFT CITY COUNCIL MINUTES 1 O z _w APRIL 7, 2020 CITY COUNCIL REGULAR OPEN MEETING -APRIL 7, 2020, 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER - MAYOR PULIDO Mayor called meeting to order 6:25 p.m. COUNCILMEMBERS Present: Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Mayor Pro Tern Villegas Mayor Pulido STAFF Present COUNCILMEMBERS BACERRA, IGLES AND VILLEGAS ), SOLORIO, Clerk of the Council described the process for public participation and how to provide public comment. PLEDGE OF ALLEGIANCE - MAYOR PULIDO '00% INVOCATION - HEATHER RILEY, POLICE CHAPLAIN CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS - In accordance with California Governor's Executive Order N-25- 20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note the following: Comments for Public Participation or for a specific item on the agenda will be accepted by email only. Comments will be viewable on the City Meetings web page. The City Clerk will announce a report in support of or opposition to an item. The deadline to submit your comments is Council meeting Tuesday, by 5:00 p.m. Please email your comments to ecomment@santa-ana.org Please state your name for the record, on the subject line of your email, state the following: "Public Comment for Agenda Item No. #" E-comments received and filed. DRAFT CITY COUNCIL MINUTES 1 Off,-3 APRIL 7, 2020 CONSENT CALENDAR MOT/ON: Approve staff recommendations on the following Consent Calendar items: Items 10A through 55D. Motion to adopt staff recommendations on the following Consent Calendar items: Items 10A through 55D, with the exception of item 55A, moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio, Mayor Pro Tem Villegas, Mayor Pulido (5) NOES: None (0) ABSTAIN'. None (0) ABSENT:' Councilmember Iglesias, Councilmember Sarmiento (2) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL AND REGULAR MEETING OF MARCH 17, 2020 - Clerk of the Council Office MOTION: Approved Minutes. ORDINANCES/SECOND READING - In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ADOPT ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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) — Planning and Building Agency - Placed on first reading at the March 17, 2020 City Council meeting and approved by a vote of 6-0 (Pulido absent). Published in the Orange County Reporter on March 27, 2020. DRAFT CITY COUNCIL MINUTES 1 O Q _4 APRIL 7, 2020 MOTION. Place ordinance on second reading and adopt. This consent Item - Ordinance No. NS-2985 was approved. 11 B. ADOPT ORDINANCE NO. NS-XXXX - 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 — Planning and Building Agency - Placed on first reading at the March 17, 2020 City Council meeting and approved by a vote of 5-0 (Pulido and Solorio absent). Published in the Orange County Reporter on March 27, 2020. MOTION. Place ordinance on second reading and adopt. This consent Item - Ordinance No. NS-2986 was approved. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) —City Attorney's Office City Attorney Sonia Carvalho stated there is no reportable action. 19B. EXCUSED ABSENCES —Clerk of the Council Office None. 11PNON I * At BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS - 20A. APPROVE AN APPROPRIATION ADJUSTMENT AND ADDITIONAL CONTINGENCY FUNDS FOR EXISTING CONTRACTS TO ADD STREET IMPROVEMENT AND MEDIAN LANDSCAPING PROJECTS FOR AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $2,981,016 (PROJECT NOS. 19-6942, 17-6880, & 17-6801) - Public Works Agency MOTION. 1. Approve an increase to existing contract contingencies to perform additional street improvements and median landscape improvements as summarized in the tables below, for a total of $2,981,016: 1a. Street Improvements Project No. 19-6942 with All American Asphalt, Original Contract Amount - $1,716,649, Original Contingency Amount - $68,000, Additional Contingency - $742,500, New Total - $2,527,149 DRAFT CITY COUNCIL MINUTES 1 OA-5 APRIL 7, 2020 1b. Median Landscape Improvements Project No. 17-6880 with Vido Samarzich, Original Contract Amount - $3,776,881, Original Contingency Amount - $377,688, Additional Contingency - $1,195,702, New Total - $5,350,271 Project No. 17-6801with Aramexx Construction, Original Contract Amount - $2,856,418, Original Contingency Amount - $300,160, Additional Contingency - $1,042,814, New Total - $4,199,392 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-143 - Recognizing $2,473,000 in the General Fund, Prior Year Fund Balance revenue account, and appropriating the same to the General Fund, Public Works Roadway Markings & Signs, Improvements Other Than Building expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AUTHORIZE A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $170,760 TO TRANSWEST TRUCK CENTER LLC FOR TWO FORD F550 CHIPPER BODY TRUCKS (ENTERPRISE FUND) (SPECIFICATION NO. 20- 003) - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Transwest Truck Center LLC., for two Ford F550 chipper body trucks for a total amount not to exceed $160,760, plus a contingency of $10,000, for a total amount not to exceed $170,760, to be funded by the Sanitation Enterprise Fund, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $154,502 TO QUEST SOLUTION INC. FOR 30 PANASONIC TOUGHBOOKS, ACCESSORIES AND EXTENDED WARRANTY FOR THE POLICE DEPARTMENT TRAFFIC DIVISION (SPECIFICATION NO. 20-029) - Finance and Management Services Agency and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Quest Solution Inc., for the purchase of 30 Panasonic toughbooks, accessories and extended warranty to be used by the Police Department Traffic Division as electronic citation writing devices for a total not to exceed $154,502 subject to non -substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AMEND AGREEMENT WITH INFOR (US) INC FOR FINANCIAL SYSTEM MAINTENANCE, SERVICES, AND SOFTWARE LICENSES — Information Technology Department DRAFT CITY COUNCIL MINUTES 1 O fj, _6 APRIL 7, 2020 MOTION. Authorize the City Manager to amend the agreement with Infor (US) Inc. for Lawson financial system maintenance, services, and software licenses in an amount not to exceed $811,697.59 over an approximate three-year period from April 8, 2020, through May 31, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-062 was approved. 25B. APPROVE AGREEMENTS WITH BEYAZ & PATEL, INC., RICHARD BRADY & ASSOCIATES, INC., AND TETRA TECH, INC. FOR ON -CALL ENGINEERING SERVICES FOR SEISMIC AND STRUCTURAL ASSESSMENTS OF WATER STORAGE RESERVOIRS FOR UP TO FIVE YEARS, FOR A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $625,000 — Public Works Agency MOTION. Authorize the City Manager to execute agreements with Beyaz & Patel, Inc., Richard Brady & Associates, Inc., and Tetra Tech, Inc. to provide on -call engineering services for the three-year period beginning April 7, 2020, and ending on April 6, 2023, with a provision for one two-year extension, for a total aggregate amount not to exceed $625,000 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX, Agreement No. A-2020-XXX and Agreement No. A-2020-XXX). This consent Item - were approved. RESOLUTIONS Consent 2020-064, and 2020-065 55A. ADOPT A RESOLUTION AMENDING RESOLUTION 91-088 TO EXPAND THE SOUTH COAST PERMIT PARKING DISTRICT BOUNDARIES — Public Works Agency MOTION. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT Motion to adopt RESOLUTION NO. 2020-021 ENTITLED. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza DRAFT CITY COUNCIL MINUTES 1 U z _7 APRIL 7, 2020 VOTE: AYES: Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: ABSTAIN None (0) None (0) ABSENT: None (0) 6t Councilmember Penaloza inquired about the current parking permit procedures and an update on a citywide parking study. Public Works Agency Executive Director Nabil Saba provided a brief status on parking study and timeframe of presenting the results and recommendation to council for direction. Councilmember Iglesias inquired about the cost and the maximum permits allowed. Councilmember Solorio spoke on a past pilot parking study. Executive Director of Planning and Building Agency, Minh Tai, noted parking is a zoning standard and will be part of the comprehensive zoning code update, immediately following the update of the general plan. 55B. ADOPT A RESOLUTION AMENDING RESOLUTION 92-87 TO EXPAND THE EASTSIDE PERMIT PARKING DISTRICT BOUNDARIES — Public Works Agency MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1992-087 RELATED TO THE EASTSIDE PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT This consent Item- Resolution No. 2020-022 was approved. 55C. ADOPT A RESOLUTION AMENDING RESOLUTION 2001-035 TO EXPAND THE PICO-LOWELL PERMIT PARKING DISTRICT BOUNDARIES — Public Works Agency MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2001-035 RELATED TO THE PICO-LOWELL PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT DRAFT CITY COUNCIL MINUTES 1 O $ _8 APRIL 7, 2020 This consent Item- Resolution No. 2020-023 was approved. 55D. ADOPT A RESOLUTION AMENDING RESOLUTION 96-092 TO EXPAND THE NORTHEAST PERMIT PARKING DISTRICT BOUNDARIES — Public Works Agency This consent Item- Resolution No. 2020-024 was approved. END OF CONSENT CALENDAR BUSINESS CALENDAR RESOLUTIONS - Business 55E. ADOPT A RESOLUTION AFFIRMING PROJECTS FOR SB1 FUNDING IN THE AMOUNT OF $6,378,389 FOR FISCAL YEAR 2020-21 CAPITAL IMPROVEMENT PROGRAM — Public Works Agency MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT Executive Director of Public Works Agency Nabil Saba provided the formulation of the Capital Improvement Program, status of the Bristol Street Widening project, and how projects were analyzed. Mayor Pulido requested staff to provide a memo outlining the timeline of project completion to be provided to council and public. Motion to adopt RESOLUTION NO. 2020-025 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT moved by Mayor Pro Tem Villegas seconded by Councilmember Sarmiento. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Sarmiento. MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) DRAFT CITY COUNCIL MINUTES 1 Olk_9 APRIL 7, 2020 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55F. ADOPT THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES RESOLUTION FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND OR STATE ASSISTANCE UNDER THE CALIFORNIA DISASTER ASSISTANCE ACT — City Attorney's Office MOT/ON: Adopt the California Governor's Office of Emergency Services ("Cal OES") Resolution designating the City Manager, the Police Chief, or the Executive Director of Finance as authorized agents to execute applications for financial assistance on behalf of the City of Santa Ana for the purpose of obtaining post -disaster public assistance grants from Cal OES and the Federal Emergency Management Agency ("FEMA"). Motion to adopt RESOLUTION NO. 2020-026 ENTITLED: Adopt the California Governor's Office of Emergency Services ("Cal OES") Resolution designating the City Manager, the Police Chief, or the Executive Director of Finance as authorized agents to execute applications for financial assistance on behalf of the City of Santa Ana for the purpose of obtaining post -disaster public assistance grants from Cal OES and the Federal Emergency Management Agency ("FEMA"). moved by Councilmember Sarmiento seconded by Councilmember Bacerra. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Bacerra. J1191IIN]lk11�0Z.11Ra1 iiiLaiilTa'=4*K9]k1IIXOT61FM, 11i 1ii1Ta'i: 7 Sarmiento VOTE: AYES: Isa NOES: ABSTAIN Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (0) None (0) DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O APRIL 7, 2020 ADMINISTRATIVE MATTERS - BUSINESS 60A. APPROVE THE FISCAL YEAR 2020 - 2021 EMERGENCY SOLUTIONS GRANTS PROGRAM FOR A TOTAL AMOUNT OF $500,947 - Community Development Agency Approve an allocation of the Emergency Solutions Grants Program for Fiscal Year 2020-2021 in the amount equal to the Grant Year 2020 award of $500,947 from the United States Department of Housing and Urban Development. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non-profit homeless service providers awarded funds as part of the approved program for a one-year term beginning July 1, 2020 and expiring June 30, 2021 from the United States Department of Housing and Urban Development, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). 1. HEART- Outreach and engagement by SAPD - $51,880 2. Interval House - Shelter as a result of domestic violence - $40,000 3. Mercy House — Financial assistance for those at -risk of homelessness, rental assistance, case management, and housing search placement. ($25,000 for Homeless Prevention and $100,000 for Rapid Re - Housing) - $125,000 4. Mercy House and New Santa Ana Homeless Shelter Operator $151,468 for Emergency Shelter at The Link through October 2020. Any remaining funds will be allocated to the new shelter operator - $151,468 5. Second Chance OC —shelter services, case management - $30,000 6. WISEPlace - Financial assistance, case management and housing search and placement - $50,000 7. 2-1-1 Orange County — Data collection - $15,028 Total for Non -Profit Organizations - $463,376 8. Administration - $37,571 TOTAL $500,947 DRAFT CITY COUNCIL MINUTES 1 O4_ 1 1 APRIL 7, 2020 Motion to adopt: 1. Approve an allocation of the Emergency Solutions Grants Program for Fiscal Year 2020-2021 in the amount equal to the Grant Year 2020 award of $500,947 from the United States Department of Housing and Urban Development. 2. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non-profit homeless service providers awarded funds as part of the approved program for a one-year term beginning July 1, 2020 and expiring June 30, 2021 from the United States Department of Housing and Urban Development, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-066). 1. HEART- Outreach and engagement by SAPD-'$51,880 - Agreement No. 2020-066- 01 2. Interval House - Shelter as a result of domestic violence - $40,000- Agreement No. 2020-066-02 3. Mercy House — Financial assistance for those at -risk of homelessness, rental assistance, case management, and housing search placement. ($25,000 for Homeless Prevention and $100,000 for Rapid Re- Housing) - $125,000- Agreement No. 2020- 066-03 4. Mercy House and New Santa Ana Homeless Shelter Operator $151,468 for Emergency Shelter at The Link through October 2020. Any remaining funds will be allocated to the new shelter operator - $151,468- Agreement No. 2020-066-04 5. Second Chance OC — shelter services, case management - $30,000- Agreement No. 2020-066-05 6. WISEPlace - Financial assistance, case management and housing search and placement - $50,000- Agreement No. 2020-066-06 7. 2-1-1 Orange County — Data collection - $15,028- Agreement No. 2020-066-07, moved by Mayor Pro Tern Villegas seconded by Councilmember Penaloza. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 1 U } _ 1 2 APRIL 7, 2020 60B. APPROVE A PRE -COMMITMENT OF $3,904,341 OF AFFORDABLE HOUSING FUNDS TO COMMUNITY DEVELOPMENT PARTNERS AND MERCY HOUSE FOR THE DEVELOPMENT OF THE WESTVIEW HOUSE PROJECT LOCATED AT 2530 AND 2534 WESTMINSTER AVENUE — Community Development Agency MOT/ON: Authorize the City Manager to execute a pre -commitment letter with Community Development Partners ("CDP") and Mercy House Community Housing Development Organization ("Mercy House CHDO") for $3,904,341 in affordable housing funds consisting of $1,514,113 in Inclusionary Housing funds, $2,003,705 in HOME Investment Partnerships Program funds and $386,523 in Rental Rehabilitation Program funds for the development of the Westview House affordable housing project located at 2530 and 2534 Westminster Avenue, Santa Ana, CA 92701, (APNs 198-132-21 and 198-132-23), subject to non -substantive changes approved by the City Manager and City Attorney. Motion to approve to authorize the City Manager to execute a pre -commitment letter with Community Development Partners ("CDP") and Mercy House Community Housing Development Organization ("Mercy House CHDO") for $3,904,341 in affordable housing funds consisting of $1,514,113 in Inclusionary Housing funds, $2,003,705 in HOME Investment Partnerships Program funds and $386,523 in Rental Rehabilitation Program funds for the development of the Westview House affordable housing project located at 2530 and 2534 Westminster Avenue, Santa Ana, CA 92701, (APNs 198-132-21 and 198-132-23), subject to non -substantive changes approved by the City Manager and City Attorney. moved by Councilmember Penaloza seconded by Mayor Pro Tern Villegas. Councilmember Penaloza motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Penaloza VOTE: AYES: N4 NOES: ABSTAIN ABSENT: Councilmember Bacerra. Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) None (0) None (0) None (0) DRAFT CITY COUNCIL MINUTES 1 U } _ 1 3 APRIL 7, 2020 60C. APPROVE A REALLOCATION OF FISCAL YEAR 2020 - 2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS OF $90,000 AND APPROVE $90,000 IN INCLUSIONARY HOUSING FUNDS TO FUND WISEPLACE - Community Development Agency 1. Approve a reallocation of $90,000 Fiscal Year 2020 — 21 Community Development Block Grant funds from WISEPIace to Relampago Del Cielo ($30,000), Women's Journey Foundation ($30,000) and the Delhi Center ($30,000). 2. Direct the City Attorney to finalize and authorize the City Manager to execute agreements with Relampago Del Cielo, Women's Journey Foundation, and the Delhi Center for the revised amounts 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 these three agreements for Fiscal Year 2020-2021 will be renewed by the City Manager at the same award amount for Fiscal Year 2021-2022 subject to review of the non-profit organization's performance (Agreement No. A-2020-XXX). Relampago del Cielo — Folklorico Dance Instruction - $114,650 2. Women's Journey Foundation — Next Generation, Emotional Intelligence Through the Arts - $115,000 3. Delhi Center/Public Law Center - Family Economic Success Initiative Program - $110,000 TOTAL - $339,650 Direct the City Attorney to finalize and authorize the City Manager to execute an agreement with WISEPIace (Steps to Independence) for a two-year term beginning July 1, 2020 through June 30, 2022 from Inclusionary Housing funds in the amount of $90,000, subject to non - substantive changes approved by the City Manager and City Attorney. Funding for this agreement for FY 2020-2021 will be renewed at the same award amount for FY 2021-2022 subject to review of the non-profit organization's performance (Agreement No. A-2020-XXX). Motion to approve: 1. Approve a reallocation of $90,000 Fiscal Year 2020 — 21 Community Development Block Grant funds from WISEPIace to Relampago Del Cielo ($30,000), Women's Journey Foundation ($30,000) and the Delhi Center ($30,000). 2. Direct the City Attorney to finalize and authorize the City Manager to execute agreements with Relampago Del Cielo, Women's Journey Foundation, and the Delhi Center for the revised amounts as part of the approved Community Development DRAFT CITY COUNCIL MINUTES 104_ 1 4 APRIL 7, 2020 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 these three agreements for Fiscal Year 2020-2021 will be renewed by the City Manager at the same award amount for Fiscal Year 2021-2022 subject to review of the non-profit organization's performance (Agreement No. A- 2020-067). 1. Relampago del Cielo — Folklorico Dance Instruction - $114,650 - Agreement No. 2020-067-01 2. Women's Journey Foundation — Next Generation, Emotional Intelligence Through the Arts - $115,000 - Agreement No. 2020-067-02 3. Delhi Center/Public Law Center - Family Economic Success Initiative Program - $110,000 - Agreement No. 2020-067-03. Direct the City Attorney to finalize and authorize the City Manager to execute an agreement with WISEPlace (Steps to Independence) for a two-year term beginning July 1, 2020 through June 30, 2022 from Inclusionary Housing funds in the amount of $90,000, subject to non -substantive changes approved by the City Manager and City Attorney. Funding for this agreement for FY 2020-2021 will be renewed at the same award amount for FY 2021-2022 subject to review of the non-profit organization's performance (Agreement No. A-2020-068). moved by Mayor Pro Tern Villegas seconded by Councilmember Sarmiento. Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Sarmiento. MOTION: Mayor Pro SECOND: Councilmember Sarmiento Tern Villegas Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) one (0) JN: None (0) ABSENT: None (0) 60D. RECEIVE AND FILE HISTORIC RESOURCES COMMISSION MEMORANDUM ON RECOMMENDATIONS TO THE CITY COUNCIL REGARDING HISTORIC RESOURCES POLICIES AND REGULATIONS AND PROVIDE DIRECTION TO COMMISSION AND STAFF — Planning and Building Agency - Historic Resources Commission approved recommended action on February 6, 2020 by a vote of 6-0 (Murashie and Schaefer absent). DRAFT CITY COUNCIL MINUTES 1 U } _ 1 5 APRIL 7, 2020 Received and filed the Historic Resources Commission memorandum outlining recommendations to the City Council and provided directions to Commission and staff. Councilmember Bacerra request staff look to the City of Whittier for examples regarding prior to the issuance of demolition permits, having project seek certificate of appropriateness, review the composition of the Historic Resources Commission, and direct staff to return to council with recommendations on Issues 4, 5, 6 and regards to the fees. Councilmember Sarmiento requested staff to consider cost recovery from the property owners for properties filed on the Mills Act, and that staff be vigilant in ensuring that there is preservation of properties that may not be in a historic district or registry during planning process/applications. Mayor Pro Tern Villegas in support of Historic Resources Commission representative not having a vote when sitting in on a Planning Commission meeting. Councilmember Iglesias in support of reducing the Mills Act application fees. Councilmember Penaloza in echoes Councilmember Bacerra's comment. Mayor Pulido in support of a Historic Resources Commissioner observing at a Planning Commission meeting, however, not in support of the representative having a vote. City Manager Kristine outlined Council direction. Clerk of the Council, Daisy Gomez, announced that a comment in support of Item 60D was received. PUBLIC HEARINGS X X PUBLIC COMMENTS - PUBLIC HEARING ITEMS WILL BE MADE AVAILABLE TO COMMENT BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#. DIAL *9 TO LET US KNOW THAT YOU WANT TO SPEAK. OR YOU MAY PROVIDE COMMENTS USING YOUTUBE LIVE CHAT AT YOUTUBE.COM/CITYOFSANTAANAVIDEOS/LIVE 75A. PUBLIC HEARING —ZONING ORDINANCE AMENDMENT NO. 2020-01 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE — Planning and Building Agency - Planning Commission approved recommended action on February 24, 2020 by a vote of 7-0. Legal Notice published in the Orange County Reporter on March 27, 2020. DRAFT CITY COUNCIL MINUTES 1 U } _ 1 6 APRIL 7, 2020 MOT/ON: Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTAANA MUNICIPAL CODE INCLUDING SECTIONS: 41-196 (ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES), 41-313.5 (PARKING LOTS AND PARKING STRUCTURES), 41-324 (PARKING LOTS AND PARKING STRUCTURES), 41-766 (INTERPRETATION OF CHAPTER REGULATIONS), AND 41-1341 (DRIVE -THROUGH STANDARDS) OF THE SANTAANA MUNICIPAL CODE Mayor Pulido abstained from item 75A due to prior work he has done for parking companies, that might result in a conflict of interest. Mayor Pro Tern Villegas opened the public hearing at 7:33 p.m. Executive Director of Planning and Building Agency, Minh Thai, provided a brief presentation. Councilmember Bacerra requested zoning code be updated to include gender - neutral language. Councilmember Sarmiento requested clarification on section 41-196 and expressed support of the additional provisions to be presented to council for further clarifications. Councilmember Solorio requested additional information on types of office or industrial uses that are located next to residential properties; and expressed concerns with unlawful queuing at drive-thru establishments encroaching on the public -right -of way. PUBLIC COMMENTS - PUBLIC HEARING ITEMS WILL BE MADE AVAILABLE TO COMMENT BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#. DIAL *9 TO LET US KNOW THAT YOU WANT TO SPEAK.OR YOU MAY PROVIDE COMMENTS USING YOUTUBE LIVE CHAT AT YOUTUBE.COM/CITYOFSANTAANAVIDEOS/LIVE Clerk of the Council, Daisy Gomez, announced methods to provide comment. Seeing no one else wishing to speak, Mayor Pro Tern Villegas closed the public hearing at 7:48 p.m. 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 AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTAANA MUNICIPAL CODE INCLUDING SECTIONS: 41-196 (ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES), 41-313.5 (PARKING LOTS AND PARKING STRUCTURES), 41-324 (PARKING LOTS AND PARKING STRUCTURES), 41-766 (INTERPRETATION OF DRAFT CITY COUNCIL MINUTES 1 U4-17 APRIL 7, 2020 CHAPTER REGULATIONS), AND 41-1341 (DRIVE -THROUGH STANDARDS) OF THE SANTA ANA MUNICIPAL moved by Councilmember Bacerra seconded by Councilmember Penaloza. Councilmember Bacerra motioned to adopt, seconded by Councilmember Penaloza. MOTION VOTE: Councilmember Bacerra AYES: NOES: ABSTAIN ABSENT: SECOND: Councilmember Penaloza Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas (6) None (0) Mayor Pulido (' None (0) 75B. PUBLIC HEARING - REGARDING THE ADOPTION OF A RESOLUTION AMENDING THE FY 19-20 MISCELLANEOUS FEES SCHEDULE TO ADD A SMALL CELL APPLICATION FEE FOR CITY FACILITIES — Public Works Agency - Legal Notice published in the Orange County Reporter on March 27, 2020 and April 3, 2020. MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SMALL CELL APPLICATION FEE FOR CITY - OWNED FACILITIES Mayor Pulido opened the public hearing at 7:49 p.m. City Manager Kristine Ridge provided a brief summary of the item. Seeing no one else wishing to speak, Mayor Pulido closed the public hearing at 7:50 p.m. Councilmember Penaloza and Councilmember Bacerra expressed concern with the aesthetics of cell towers and directed staff to research opportunities to provide citywide public access to Wi-Fi. Councilmember Iglesias echoed her colleagues' direction. City Manager Kristine Ridge informed council on discussions with Superintendent of Santa Ana Unified School District regarding citywide public access to Wi-FI. DRAFT CITY COUNCIL MINUTES 1 U4-18 APRIL 7, 2020 Motion to Adopt RESOLUTION NO. 2020-027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SMALL CELL APPLICATION FEE FOR CITY -OWNED FACILITIES moved by Mayor Pro Tern Villegas seconded by Councilmember Solorio. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Solorio. MOTION: Mayor Pro SECOND: Councilmember Solorio Tern Villegas VOTE: AYES: Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tern Villegas, Mayor Pulido (7) NOES: None (0) ABSTAIN: None (0)! ABSENT: None (0) *t 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 DIRECT STAFF TO TAKE THE NECESSARY STEPS TO FACILITATE A POTENTIAL REPEAL OF MEASURE X — Councilmember Iglesias City Attorney Sonia Carvalho informed Council that it did not reserve unto itself any ability to revise, extend, or suspend the sales tax approved by the voters in 2018. Under Elections Code 9222, Council is allowed to propose a distinct and separate ballot measure to the voters. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO PREPARE AN EMERGENCY STAFFING PLAN FOR CITY HALL - Mayor Pro Tern Villegas Mayor Pro Tern Villegas requests a chart identifying the chain of command in the absence of the City Manager. Mayor Pulido requests staff to inquire what is reimbursable by FEMA (Federal Emergency Management Agency) and are there any other things we need to take DRAFT CITY COUNCIL MINUTES 1 U4-19 APRIL 7, 2020 a leadership position on, such as COVID-19 testing our first responders, critical employees, and finding ways to bring more testing into the City. Councilmember Sarmiento requests staff to engage our Federal and State lobbyists regarding funding assistance to advocate on our behalf. 85C. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO IDENTIFY ALTERNATIVE METHODS TO PROMOTE THE 2020 CENSUS DURING THE COVID-19 PANDEMIC INCLUDING OPPORTUNITIES FOR THE COUNCIL MEMBERS TO BECOME CENSUS AMBASSADORS - Councilmember Penaloza Census deadline has been extended to August 14, 2020. Visit www.2020census.gov/ to fill out the form. Council direction provided to City staff. RECESS THE COUNCIL MEETING AND CONVENE TO THE HOUSING AUTHORITY MEETING AT 9:02 P.M. ADJOURNED THE HOUSING AUTHORITY MEETING AND RECONVENED TO THE CITY COUNCIL MEETING AT 9:11 P.M. COMMENTS PUBLIC COMMENTS- NON -AGENDA ITEMS WILL BE MADE AVAILABLE TO COMMENT BY CALLING: (669) 900-9128, MEETING ID: 315 965 149#. DIAL *9 TO LET US KNOW THAT YOU WANT TO SPEAK. OR YOU MAY PROVIDE COMMENTS USING YOUTUBE LIVE CHAT AT YOUTUBE.COM/CITYOFSANTAANAVIDEOS/LIVE Mike Tardiff expressed concern about the May 19th election and door to door canvassing in light of the COVID-19 pandemic. Gisela Contreras spoke in support of repealing Measure X and Census incentives. Max Motlagh spoke regarding water bill rate increases. Mextli Lopez spoke regarding tenants who have suffered income loss as a result of COVID-19 Danny Vega spoke regarding Measure X spending and social distancing enforcement. Maria Ceja inquired about a COVID- 19 rental assistance program. DRAFT CITY COUNCIL MINUTES 104-20 APRIL 7, 2020 Valeria Esqueda spoke regarding an emergency assistance fund for undocumented residents. Silvia Avendano spoke in support of a rent increase moratorium and an assistance program for residents. Clerk of the Council, Daisy Gomez, will forward additional YouTube comments in memo to Council and add to the record. Idalia Rios spoke regarding rental assistance Nathaniel Greensides spoke in support of a rent increase moratorium. Victor Garcia spoke in support of a rent increase moratorium and increase in penalties for graffiti offenders. Cynthia Guerra spoke in support of a rent increase moratorium and emergency assistance fund. Sarai Arpero spoke in support of a rent increase moratorium and an emergency assistance fund. The Avila Family spoke in support of a rent increase moratorium. Karla Juarez spoke in support of a rent increase moratorium Cecilia Bautista spoke in support of a rent increase moratorium 90A. CITY MANAGER'S COMMENTS City Manager Kristine Ridge made a brief announcement. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio made community announcements. Councilmember Penaloza made community announcements. Councilmember Iglesias made community announcements. Councilmember Bacerra made community announcements. Councilmember Sarmiento made community announcements. Mayor Pro Tern Villegas made community announcements. DRAFT CITY COUNCIL MINUTES 104-21 APRIL 7, 2020 Mayor Pulido made community announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, April 21, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Mayor Pulido adjourned the City Council meeting at 9:46 p.m. FUTURE AGENDA ITEMS 1. One Broadway Plaza Mixed Use Development Project ►a Commercial and Medicinal Cannabis Regulation Amendments and Updates DRAFT CITY COUNCIL MINUTES 1 U4_22 APRIL 7, 2020