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HomeMy WebLinkAbout10A - DRAFT MINUTES 4-21-20DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 21, 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 WILL MEET VIA TELECONFERENCE. THERE WILL BE NO IN -PERSON PUBLIC MEETING LOCATION. TO WATCH THE MEETING: LIVE STREAM AT SANTA-ANA.ORG/CITY-MEETINGS AND YOUTUBE; CABLE CHANNEL 3 (SPECTRUM) OR CHANNEL 99 (AT&T U- verse). TO PROVIDE COMMENT ON AGENDA ITEMS, SUBMIT YOUR COMMENTS VIA EMAIL TO ECOMMENT@SANTA-ANA.ORG BY 5:00 P.M. ON COUNCIL MEETING TUESDAY. TO PROVIDE A COMMENT AT THE TIME THE ITEM IS BEING DISCUSSED ON PUBLIC HEARING AND NON -AGENDA ITEMS, CALL: (669) 900-9128, MEETING ID: 315 965 149#. CLOSED SESSION MEETING OF THE CITY COUNCIL - APRIL 21, 2020 - 5:00 P.M. CALL TO ORDER - Mayor PULIDO Mayor Pulido called the closed session to order at 5:07 p.m joined the meeting at 5:34 p.m. COUNCILMEMBERS Presen# Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias �OF Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Bacerra COUNCILMEMBERS Absent: None STAFF Present. Councilmember Sarmiento DRAFT CITY COUNCIL MINUTES 104-1 APRIL 212020 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. #" lorem 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham; Employee Organizations: Service Employees' International Union (SEIU) Part-time Civil Service Employees 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 5:34 p.m. and convened to the Regular Open Session. DRAFT CITY COUNCIL MINUTES 1 O z _w APRIL 212020 REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session Meeting) Mayor Pulido adjourned the Closed Session at 5:34 p.m. and called the Regular Open Session to order at 5:52 p.m. COUNCILMEMBERS BACERRA, IGLESIAS, PE AND VILLEGAS PLEDGE OF ALLEGIANCE -MAYOR PULIDO SARMIENTO, SOLORIO, INVOCATION - VINCENT BARRINGER, 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. #" lorem DRAFT CITY COUNCIL MINUTES 1 Off,-3 APRIL 212020 CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L, with the exceptions of items, 22B, 25A, 25C, 25D and 251. Mayor Pulido abstained on Item 11A due to potential income conflict... Councilmember Sarmiento motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION VOTE: ADMINISTRA IJll1►Lill 9�01 iNL3 Councilmember Sarmiento AYES: k1193*5 ABSTAI MINUTES FROM Council Office MOTION: Approved Minutes. SECOND: Mayor Pro Tern Villegas Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) None (0) None (0) G OF APRIL 7, 2020 — Clerk of the 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-2987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA 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 SANTA ANA MUNICIPAL CODE — Planning and Building Agency Placed on first reading at the April 7, 2020 City Council DRAFT CITY COUNCIL MINUTES 1 O Q _4 APRIL 212020 meeting and approved by a vote of 6-0 (Pulido recused). Published in the Orange County Reporter on April 10, 2020. MOTION: Place ordinance on second reading and adopt. Mayor Pulido announced abstention on Item 11A - Second Reading Ordinance due to potential income conflict. This consent Item - Ordinance No. NS-2987 was approved. BOARDS / COMMISSIONS / COMMITTEES 13A. RECEIVE AND FILE BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT FOR JULY THROUGH DECEMBER 2019 - Clerk of the Council Office Receive and file Boards and Commissions Biannual Attendance Report. 2. Provide direction as necessary MISCELLANEOUS ADMINISTRATION 1 IN 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office Item 19A considered after inquiry of Consent Calendar Public Comments. City Attorney Sonia Carvalho reported out Council discussed an unsolicited proposal for Closed Session Item 2, which was submitted to the City regarding potentially serving a Notice of Intent to the City of Garden Grove regarding the Willowick property. Closed Session Item 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. Motion to approve to thank the company and individual who submitted the proposal with no further response. moved by Councilmember Bacerra seconded by Mayor Pro Tern Villegas. Councilmember Bacerra motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Bacerra (4) DRAFT CITY COUNCIL MINUTES 1 O $, _5 APRIL 212020 NOES: Councilmember Iglesias, Councilmember Sarmiento, Councilmember Solorio (3) ABSTAIN: None (0) ABSENT: None (0) 19C. RECEIVE AND FILE PUBLIC WORKS AGENCY CAPITAL IMPROVEMENT PROGRAM QUARTERLY STATUS REPORT FOR JANUARY 2020 THROUGH MARCH 2O20 — Public Works Agency MOTION: Receive and file the Public Works Agency Capital Improvement Program (CIP) Quarterly Status Report for January 2020 through March 2020. BUDGETARY MATTERS 40 APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENT WITH THE COUNTY OF ORANGE FOR REGIONAL PLANNING UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT ($20,500) (NON -GENERAL FUND) - Community Development Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-154 - Recognizing Workforce Innovation and Opportunity Act grant funds from the County of Orange in the amount of $20,500 in revenue account and appropriating same to expenditure account. Authorize the City Manager to execute an agreement with the County of Orange to receive $20,500 for regional planning and coordination efforts under the federal Workforce Innovation and Opportunity Act, for a term of one year from April 21, 2020 to April 20, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-069 was approved. 20B. APPROVE AN APPROPRIATION ADJUSTMENT AND AUTHORIZE AGREEMENT FOR TENANT GOODWILL COMPENSATION FOR BRISTOL STREET IMPROVEMENTS PROJECT - PHASE 3A (PROJECT NO. 136792 NON -GENERAL FUND) - Public Works Agency DRAFT CITY COUNCIL MINUTES 1 O fj, _6 APRIL 212020 Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-144 - Recognizing the Fiscal Year 2018-19 appropriation of $200,000 in New Transportation Systems Improvement Area F funding of the New Transportation Systems Improvement Area F prior year fund balance and reappropriating the same amount into the New Transportation Systems Improvement Area F, Improvements Other Than Building expenditure account. 2. Authorize the City Manager to execute an agreement with C.R. Manchandia DDS for compensation in the amount of $135,500 for loss of business goodwill related to the full real property acquisition of assessor's parcel number 405-274-10 in May 2017, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-070 was approved. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $50,890 TO CPACINC.COM FOR BARRACUDA BACKUP SERVER AND LOAD BALANCER (INTERNAL SERVICE FUND) (SPECIFICATION NO. 20-030) - Finance and Management Services Agency and Information Technology Department Authorize a one-time purchase and payment of purchase order to CPACInc.com for barracuda backup server, in an amount not to exceed $49,990, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to CPACInc.com for barracuda load balancer, for an amount not to exceed $900, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. AWARD PURCHASE ORDER IN THE AMOUNT OF $462,670 TO LOS ANGELES TRUCK CENTERS, LLC, FOR TWO CNG WATER TANK TRUCKS (SANITATION FUND) (SPECIFICATION NO. 20-020) - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of a purchase order to Los Angeles Truck Center, LLC., for two CNG water tank trucks in the amount not to exceed $452,670, plus a contingency of $10,000, for a total amount not to exceed $462,670, to be funded by the Sanitation Enterprise Fund, subject to non - substantive changes approved by the City Manager and City Attorney. Motion to adopt to authorize a one-time purchase and payment of a purchase order to Los Angeles Truck Center, LLC., for two CNG water tank trucks in the amount not to exceed $452,670, plus a contingency of $10,000, for a total amount not to exceed $462,670, to be funded by the Sanitation Enterprise Fund, subject to non -substantive DRAFT CITY COUNCIL MINUTES 1 U z _7 APRIL 212020 changes approved by the City Manager and City Attorney. moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) ow:Nk4k 22C. AWARD BLANKET ORDER CONTRACTS TO GRAYBAR ELECTRIC COMPANY, INC. AND B&K ELECTRIC WHOLESALE FOR ELECTRICAL SUPPLIES, TOTAL AGGREGATE AMOUNT NOT TO EXCEED $500,000 (SPECIFICATION NO. 20-017) (NON -GENERAL FUND) - Finance and Management Services Agency and Public Works Agency MOTION: Award blanket order contracts to Graybar Electric Company, Inc. and B&K Electric Wholesale for electrical supplies for a two-year period beginning April 21, 2020, and expiring April 20, 2022, with provisions for three, one-year renewal options exercisable by the City Manager, in an annual aggregate amount not to exceed $100,000, for a total aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney. /_Tel:7AAdlIA►116-1 AGREEMENT WITH CARIBOU INDUSTRIES FOR THE THIRD STREET AND BROADWAY DEVELOPMENT — Community Development Agency MOTION: Authorize the Citv Manaaer to execute a first amendment to the second Exclusive Negotiation Agreement with Caribou Industries to extend the term for a six-month period from May 6, 2020 to November 6, 2020 for the Third and Broadway development, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). DRAFT CITY COUNCIL MINUTES 1 O $ _8 APRIL 212020 Motion to approve as Amended to authorize the City Manager to execute a first amendment to the second Exclusive Negotiation Agreement with Caribou Industries to extend the term for a six-month period from May 6, 2020 to November 6, 2020 and amend language in section two of agreement to read negotiation period may only be extended by approval of the City Council prior to October 23, 2020, for the Third and Broadway development, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-071). moved by Councilmember Bacerra seconded by Councilmember Penaloza. Councilmember Bacerra motioned to approve as amended, seconded by Councilmember Penaloza. MOTION VN11I=F Councilmember Bacerra AYES: NOES: It ABSTAIN: ABSENT: SECOND: Councilmember Penaloza Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) None (0) ' None (0) None (0) 25B. APPROVE AGREEMENT WITH COUNTY OF ORANGE SOCIAL SERVICES AGENCY FOR A $1,677,928 VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM GRANT (NON -GENERAL FUND) — Community Development Agency MOTION: Authorize the City Manager to execute an agreement recognizing $1,677,928 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities, effective July 1, 2020 through June 30, 2022, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-072 was approved. DRAFT CITY COUNCIL MINUTES 1 Olk_9 APRIL 212020 25C. ADOPT A SIDE LETTER AGREEMENT WITH THE SANTA ANA MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING — Human Resources Department MOTION: Authorize with City Manager to execute a Side Letter agreement modifying the Memorandum of Understanding with the Santa Ana Management Association Memorandum of Understanding (SAMA) to include representation for Part -Time Civil Service job classifications (Agreement No. A-2020-XXX). Motion to adopt Authorize with City Manager to execute a Side Letter agreement modifying the Memorandum of Understanding with the Santa Ana Management Association Memorandum of Understanding (SAMA) to include representation for Part - Time Civil Service job classifications (Agreement No. A-2020-073). moved by Councilmember Iglesias seconded by Mayor Pro Tern Villegas. Councilmember Iglesias motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember Iglesias VOTE: AYES: SECOND: Mayor Pro Tern Villegas Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) None (0) ABSTAIN:, None (0) ABSENT: None (0) 25D. APPROVE A THREE-YEAR LEASE AGREEMENT WITH RICK KAGASOFF FOR WAREHOUSE SPACE IN THE AMOUNT OF $187,200 — Police Department MOTION: Authorize the City Manager to execute a three-year lease agreement with Rick Kagasoff for warehouse space, for the period of May 1, 2020 through April 30, 2023, in an amount not to exceed $187,200. This agreement includes the option for two -one year renewals following expiration of this lease, provided the annual lease increase does not exceed five percent, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). Mayor Pulido announced abstention on Item 25D due to past business with Rick Kagasoff. DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O APRIL 212020 Councilmember Iglesias requested fund account to be included on the agenda. Motion to adopt Authorize the City Manager to execute a three-year lease agreement with Rick Kagasoff for warehouse space, for the period of May 1, 2020 through April 30, 2023, in an amount not to exceed $187,200. This agreement includes the option for two -one year renewals following expiration of this lease, provided the annual lease increase does not exceed five percent, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-074). 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 Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN: Mayor Pulido (1) ABSENT: None (0) 25E. APPROVE AGREEMENTS FOR ON -CALL ENGINEERING SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,000,000 (NON -GENERAL FUND) — Public Works Agency MOTION: Authorize the City Manager to execute agreements with the contractors listed below to provide on -call engineering services for the three-year period beginning April 21, 2020, and ending on April 21, 2023, with a provision for one, two-year extension, for a total aggregate amount not to exceed $2,000,000 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX): Tetra Tech, Inc. - Agreement No. A-2020-075-01 2. Michael Baker International, Inc. - Agreement No. A-2020-075-02 3. Psomas - Agreement No. A-2020-075-03 4. Stantec Consulting Services, Inc. - Agreement No. A-2020-075-04 5. NV5, Inc. - Agreement No. A-2020-075-05 DRAFT CITY COUNCIL MINUTES 1 O -1 1 APRIL 212020 6. Huitt-Zollars, Inc. - Agreement No. A-2020-075-06 7. Kimley-Horn and Associates, Inc. - Agreement No. A-2020-075-07 8. TAIT & Associates, Inc. - Agreement No. A-2020-075-08 This consent Item - Agreement No. 2020-075 was approved. 25F. APPROVE AGREEMENTS FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,000,000 (NON -GENERAL FUND) — Public Works Agency MOTION: Authorize the City Manager to execute agreements with contractors listed below to provide on -call construction management and inspection services for the three-year period beginning April 21, 2020, and ending on April 21, 2023, with a provision for one, two-year extension, for a total aggregate amount not to exceed $2,000,000 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX): NV5, Inc. - Agreement No. A-2020-076-01 2. Willdan Engineering - Agreement No. A-2020-076-02 3. Psomas - Agreement No. A-2020-076-03 4. Wallace and Associates Consulting, Inc.- Agreement No. A-2020-076-04 5. Michael Baker International, Inc. Agreement No. A-2020-076-05 6. AKM Consulting Engineers - Agreement No. A-2020-076-06 This consent Item - Agreement No. 2020-076 was approved. 25G. APPROVE AN AMENDMENT TO AN AGREEMENT WITH PLACEWORKS FOR CONSULTING SERVICES FOR THE GENERAL PLAN AND ENVIRONMENTAL IMPACT REPORT ($91,948) — Planning and Building Agency and Public Works Agency MOTION: Authorize the City Manager to execute an amendment to the agreement with Placeworks in the amount of $91,948 for the General Plan and Environmental Impact Report for the City of Santa Ana and extend term through March 31, 2021, subject to non -substantive changes approved by the City Manager and City Attorney, to expand the scope to include additional Circulation Element analysis (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-077 was approved. DRAFT CITY COUNCIL MINUTES 1 U4-12 APRIL 212020 25H. APPROVE FOURTH AMENDMENT TO THE AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC. AND FIRST AMENDMENT TO THE AGREEMENT WITH UNITED STORM WATER, INC. FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES (INCREASE OF $50,000 TO EACH CONTRACT) - Public Works Agency and Police Department Authorize the City Manager to execute a Fourth Amendment to the Agreement with Ocean Blue Environmental Services, Inc. to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $50,000, and increase the annual expenditure amount for the one-year extension term ending June 19, 2021, by $50,000, for a total increase of $100,000, 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 a First Amendment to the Agreement with United Storm Water, Inc. to increase the annual expenditure amount for the one- year term ending June 19, 2020, by $50,000, and increase the annual expenditure amount for the one-year extension term ending June 19, 2021, by $50,000, for a total increase 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. 2020-078 and Agreement No. 2020-079 were approved. 251. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SANTA FE BUILDING MAINTENANCE IN THE AMOUNT OF $52,180.41 FOR ENHANCED COVID-19- RELATED JANITORIAL SERVICES FOR THE POLICE DEPARTMENT — Police Department •. MOTION: Authorize the City Manager to execute an amendment to the agreement with Santa Fe Building Maintenance for enhanced COVID-19 related janitorial services for the Police Administrative and Jail facilities, in an amount not to exceed $52,180.41, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). Motion to Adopt Authorize the City Manager to execute an amendment to the agreement with Santa Fe Building Maintenance for enhanced COVID-19 related janitorial services for the Police Administrative and Jail facilities, in an amount not to exceed $52,180.41, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-080). moved by Councilmember Iglesias seconded by Mayor Pro Tern Villegas. Councilmember Iglesias motioned to adopt, seconded by Mayor Pro Tern Villegas. DRAFT CITY COUNCIL MINUTES 1 U4-13 APRIL 212020 MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Iglesias 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) 25J. APPROVE AGREEMENT WITH RICHARDS WATSON & GERSHON APC FOR LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $250,000 - City Attorney's Office MOTION: Authorize the City Manager to execute an agreement with the law firm of Richards Watson & Gershon APC ("RWG") for legal services for municipal advisory and litigation services including but not limited to elections work and employment matters, from June 1, 2020 until May 31, 2023, with an option to extend the term for a one-year period, in an amount not to exceed $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-081 as approved. 25K. APPROVE AN AMENDMENT TO THE AGREEMENT WITH BURKE, WILLIAMS & SORENSEN FOR SPECIALIZED LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $500,000 (GENERAL FUND) - City Attorney's Office MOTION: Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Burke, Williams & Sorensen, LLP ("BWS") to increase the agreement from $50,000 to $500,000 for litigation matters concerning the abatement of public nuisances for a two-year term with an optional one-year extension, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-082 as approved. 25L. APPROVE AGREEMENT WITH BOIES SCHILLER FLEXNER LLP FOR SPECIALIZED LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $350,000 - City Attorney's Office DRAFT CITY COUNCIL MINUTES 1 U }4_ 1 4 APRIL 212020 MOTION: Authorize the City Manager to execute an agreement with the law firm of Boies Schiller Flexner LLP ("BSF") for specialized legal services related to the matter entitled City of Santa Ana v. County of Orange et al., United States District Court Case No. 8:20-cv-00069-DOC (KESx), for a three (3)-year term, with an option to extend the agreement for up to two (2) one (1) year terms, in an amount not to exceed $350,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-083 as approved. END OF CONSENT CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. PRESENT CERTIFICATE OF SUFFICIENCY OF'REFERENDUM PETITION CHALLENGING ORDINANCE NO. NS-2980; ADOPT RESOLUTION ACCEPTING THE CERTIFICATE AS TO VERIFICATION OF SIGNATURES AND THE CERTIFICATE OF SUFFICIENCY; AND EITHER REPEAL ORDINANCE NO. NS-2980 OR DIRECT STAFF TO PREPARE A RESOLUTION CALLING A GENERAL ELECTION HELD ON NOVEMBER 3, 2020 OR CALLING A SPECIAL ELECTION - Clerk of the Council Office Adopt a resolution accepting the certificate as to Verification of signatures from the Orange County Registrar of Voters and the certificate of sufficiency from the Clerk of the Council; and Select either Option 1, Option 2 or Option 3 below to either repeal Ordinance No. NS-2980 or call an election: OPTI Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING ORDINANCE NO. NS-2980 APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018- 10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY OPTION 2: DRAFT CITY COUNCIL MINUTES 1 U4-15 APRIL 212020 Direct staff to prepare a resolution calling for a general municipal election on November 3, 2020 for the submission of the question whether to approve Ordinance No. NS-2980; or C61i9[01►[c1I Direct staff to prepare a resolution calling for a special municipal election for the submission of the question whether to approve Ordinance No. NS-2980. Clerk of the Council, Daisy Gomez, reported out on eComments received for Item 50A. Councilmember Solorio abstained from Item 50A due to pending litigation. Motion to Adopt 1. RESOLUTION NO. 2020-028 ENTITLED: accepting the certificate as to verification of signatures from the Orange County Registrar of Voters and the certificate of sufficiency from the Clerk of the Council; and 2. Repeal Ordinance No. NS-2980 by placing Ordinance No. NS-2987 on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANA, CALIFORNIA, REPEALING ORDINANCE NO. NS-2980 APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY moved by Councilmember Bacerra seconded by Councilmember Penaloza. Councilmember Bacerra motioned to adopt, seconded by Councilmember Penaloza. MOTION Councilmember SECOND: Councilmember Penaloza Bacerra AYES. , Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Bacerra (6) None (0) ABSTAIN: Councilmember Solorio (1) ABSENT: None (0) Clerk of the Council Daisy Gomez announced recorded vote for Item 50A as 6-0 (Councilmember Solorio abstained). DRAFT CITY COUNCIL MINUTES 1 U } _ 1 6 APRIL 212020 RESOLUTIONS 55A. ADOPT A RESOLUTION TO APPROVE THE RELOCATION PLAN FOR THE LEGACY SQUARE PROJECT AT 609 NORTH SPURGEON STREET — Community Development Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE PROPERTY LOCATED AT 609 N. SPURGEON STREET, SANTA ANA Motion to adopt RESOLUTION NO. 2020-029 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE PROPERTY LOCATED AT 609 N. SPURGEON STREET, SANTA ANA 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: Nena ayor Pulido, Mayor Pro Tern Villegas, ouncilmember Iglesias, Councilmember loza, Councilmember Solorio, ouncilmember Bacerra (6) one (0) one (0) ouncilmember Sarmiento (1) 55B. ADOPT A RESOLUTION TO PROVIDE FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS — Human Resources Department MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS Motion to adopt RESOLUTION NO. 2020-030 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION DRAFT CITY COUNCIL MINUTES 1 U4-17 APRIL 212020 OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS 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: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (6) NOES: None (0) ABSTAIN:. None (0) ABSENT:Councilmember Sarmiento (1) 55C. ADOPT A RESOLUTION FOR THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE COASTAL CONSERVANCY FOR THE RENOVATION OF THE 17TH STREET TRIANGLE PARK AND REST STOP IN THE AMOUNT OF $544,000 — Parks, Recreation, and Community Services Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE COASTAL CONSERVANCY FOR THE RENOVATION OF THE 17TH STREET TRIANGLE PARK AND REST STOP Motion to adopt RESOLUTION NO. 2020-031 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE COASTAL CONSERVANCY FOR THE RENOVATION OF THE 17TH STREET TRIANGLE PARK AND REST STOP (Agreement No. 2020-084) moved by Councilmember Solorio seconded by Mayor Pro Tern Villegas. Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember DRAFT CITY COUNCIL MINUTES 1 U4-18 APRIL 212020 Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D. ADOPT A RESOLUTION DECLARING CITY -OWNED PROPERTIES ACQUIRED FOR VARIOUS ROADWAY IMPROVEMENT PROJECTS AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO COMPLY WITH THE REQUIREMENTS OF GOVERNMENT CODE §54220 FOR THE SALE OF SURPLUS LAND (APNs 405-252- 22, 405-252-21, 405-272-21,405-272-18, 405-272-17, 405-272-16, 405-272-15, 405- 272-14, 405-272-13, 405-272-12, 402-272-11, 004-123-48, 004-123-52, 010-295-23, 010-295-22, 010-295-21, 010-295-20, 010-295-19, 010-295-18 010-295-17, 010-295- 16, 010-295-15, 010-295-14, 010-295-13, 109-345-20, 109-345-19, 109-345-18, 109- 345-17, 109-345-16, 109-345-15, 109-345-14, 109-345-13, 109-345-12, 109-345-11, 015-194-40,015-194-37 398-385-03 398-385-04, 398-385-05, 008-091-01, 008-091-13, 008-091-14, 008-091-02, 398-453-05, 398-453-06, 008-081-28, 008-081-26, 008-082- 29, 398-492-14, 007-203-24, 405-074-16, 405-074-17, 405-074-18, 405-074-19, 007- 302-21, 007-302-20, 007-302-19, 007-302-18, 007-302-17, 007-302-16, 007-302-15, 005-142-35, 005-142-58, 005-142-47) - Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THEIR DISPOSITION Motion to adopt RESOLUTION NO. 2020-032 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THEIR DISPOSITION moved by Councilmember Sarmiento seconded by Councilmember Penaloza. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Sarmiento DRAFT CITY COUNCIL MINUTES 1 U4-19 APRIL 212020 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) 55E. ADOPT RESOLUTIONS AUTHORIZING GRANT FUNDING REQUESTS UNDER MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM IN THE AMOUNT OF $13,568,514 POTENTIAL NEW REVENUE — Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM Motion to adopt : RESOLUTION NO. 2020-035 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM, RESOLUTION NO. 2020-036 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM, and RESOLUTION NO. 2020-037 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM moved by Mayor Pro Tern Villegas seconded by Councilmember Penaloza. Vote for Item 55E taken after Item 75A. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas DRAFT CITY COUNCIL MINUTES 104-20 APRIL 212020 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) REPORTS 44 65A. RECEIVE AND FILE UPDATED REVENUE ESTIMATES RELATED TO COVID- 19; AFFIRM HIRING FREEZE FOR ALL CITY POSITIONS; APPROVE APPROPRIATION ADJUSTMENT TO TRANSFER MONIES FROM THE REFUSE FUND TO THE GENERAL FUND; DIRECT STAFF TO PREPARE A DRAFT BUDGET FOR FY 2020-21 UTILIZING ONE-TIME FUNDING; PROVIDE PRELIMINARY BUDGET DIRECTION; AND DIRECT STAFF TO PROVIDE A FEASIBILITY ANALYSIS RELATED TO ISSUANCE OF A PENSION OBLIGATION BOND - Finance and Management Services Agency 2. Executive Director Kathryn provided a brief presentation. Council discussion ensued. Receive and file report relating to updated FY 2019- 20 General Fund revenue estimates. Affirm the hiring freeze for all City vacant positions as �f March 23, 2020. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-155 - Transferring $6.6 million of General Fund revenue from the Refuse Enterprise fund to the General Fund during the current fiscal year. Direct staff to prepare a draft budget for FY 2020-21 to include the use of the Economic Uncertainty Reserve in the General Fund. Direct Staff to return with a feasibility analysis for issuing Pension Obligation Bonds to reduce the cost of the existing CalPERS Unfunded Actuarial Liability (UAL). Downs of Finance and Management Services Agency DRAFT CITY COUNCIL MINUTES 104-21 APRIL 212020 Motion to adopt 1. Receive and file report relating to updated FY 2019-20 General Fund revenue estimates.2. Affirm the hiring freeze for all City vacant positions as of March 23, 2020.3. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-155 - Transferring $6.6 million of General Fund revenue from the Refuse Enterprise fund to the General Fund during the current fiscal year.4. Direct staff to prepare a draft budget for FY 2020-21 to include the use of the Economic Uncertainty Reserve in the General Fund.5. Direct Staff to return with a feasibility analysis for issuing Pension Obligation Bonds to reduce the cost of the existing CalPERS Unfunded Actuarial Liability (UAL). moved by Mayor Pro Tern Villeaas 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: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Councilmember Solorio, Councilmember Bacerra (6) NOES:,Sarmiento, Councilmember Iglesias (1) ABSTAIN: ABSENT: AdlffllmftS 9 PUBLIC HEARINGS None (0) None (0) khhN 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. 75A. PUBLIC HEARING -ADOPT A RESOLUTION FOR ADDENDUM TO CERTIFIED EIR NO. 1999-01, GENERAL PLAN AMENDMENT NO. 2020-01 AND ZONING ORDINANCE AMENDMENT NO. 2020-02 FOR THE ONE BROADWAY PLAZA MIXED -USE TOWER LOCATED AT 1109 NORTH BROADWAY - Planning and Building Agency Planning Commission approved recommended action on April 2, 2020 by a vote of 6-0 (Phan abstained). Legal Notice published in the Orange County Reporter on April 10, 2020 and notices mailed on said date. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE ONE BROADWAY PLAZA PROJECT (SCH NO. 99101047) FOR THE ONE BROADWAY PLAZA MIXED - DRAFT CITY COUNCIL MINUTES 1 U4_22 APRIL 212020 USE DEVELOPMENT PROJECT AND RE -ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-01 AMENDING THE ONE BROADWAY PLAZA LAND USE ELEMENT FOR THE PROPERTY LOCATED AT 1109 NORTH BROADWAY 3. 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 THE PROVISIONS OF SPECIFIC DEVELOPMENT NO. 75 (SD-75) TO ALLOW RESIDENTIAL USES AND TO APPROVE RESIDENTIAL DEVELOPMENT STANDARDS FOR THE ONE BROADWAY PLAZA MIXED -USE DEVELOPMENT AT 1109 NORTH BROADWAY City Manager Kristine Ridge introduced Item 75A. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Pulido opened the public hearing at 7:57 p.m. Claudia Alvarez spoke in support of One Broadway Plaza project. Connie Major spoke in opposition of the project as it is now. Ernesto Medrano with the Los Angeles/Orange Counties Building and Construction Trades Council in support of the project. Ray Afusia, business representative for Sprinkler Fittesr UA Local 709, spoke in support of the project. Doug Robbins, business representative for Painters and Allied Trades, spoke in support of the project. Doug Mangione, business representative of the International Brotherhood of Electrical Workers, spoke in support of the project. Hart Keeble with Ironworkers Local 416 spoke in support of the project. Alfonso Ruiz, resident and member of Local 5 Insulators Union, spoke in support of the project. LuisAndres Perez, Political Director for UA Local 582 for Plumbers, Steamfitters, Welders and Apprentices, spoke in support of the project. DRAFT CITY COUNCIL MINUTES 1 U4-23 APRIL 212020 Paul Moreno, Business Agent with Ironworkers Local 433, spoke in support of the project. Dale Helving, resident of Santa Ana, thanked council for their vote on Item 50A; and spoke on the affordable housing component, development agreement and Environmental Impact Report as it pertains to Item 75A. Gilbert Davila, President of the Orange County Labor Federation, spoke in support of the project. John Hanna, with the Southwest Regional Council of Carpenters, spoke in support of the project. Jeff Dickman, resident of the Historic French Park Neighborhood, in spoke in opposition to the conversion of the office units to apartment units. Erica Gonzalez, resident, business owner, and community organizer, spoke in opposition of the project. Mayor Pulido closed the public hearing after last speaker Erica Gonzalez. Council discussion ensued. Councilmember Bacerra requests to include a condition clearly indicating when the developer is to perform the mitigating studies. The initial neighborhood traffic study to occur when developer pulls building permits and the follow- up study is to occur at 90% occupancy, both of which will be included in the mutual declaration.. Mayor Pro Tern Villegas thanked the Planning Commission for adding the Logan Neighborhood to be part of the mitigating studies. Councilmember Penaloza inquired about outreach, expressed concern with traffic, and inquired about the mitigation fund. Requested a commitment to include barriers to restrict traffic into the neighborhoods. Taig Higgins Principal Civil Manager with Public Works Agency, spoke on the cost of the study for the seven neighborhoods. City Attorney Sonia Carvalho spoke on the difference of a voter approved initiative (laws initiated by the public) versus a referendum, where the underlying ordinances or laws are adopted by the council and then subject to a vote of the people. She further added, that in reviewing the changes before the council tonight, the city has the authority to move forward with the changes being proposed. Developer Mike Harrah addressed concern's regarding his project and his commitment to the city. DRAFT CITY COUNCIL MINUTES 104-24 APRIL 212020 Councilmember Solorio spoke in support of the project. Councilmember Iglesias expressed concern with expired Environmental Impact Report; and requests to delay vote after additional community input is received. Councilmember Penaloza requests to have strict limitations on construction traffic and noise, along with construction times, as part of the building permit. Minh Thai, Executive Director of Planning and Building Agency, informed council they place a condition to require a traffic plan for construction and incorporate it as part of the mutual declaration that is being proposed for council to consider. Councilmember Sarmiento is supportive of the project, but wants to ensure there is fairness. Opined that since concessions are going to be made or when there are changes in departures from what was previously approved, then there should be an instrument to negotiate fairly on behalf of the residents and the City with the applicant to be on an equal footing. A development agreement can include both mitigation measures along with the affordable housing component. City Attorney Sonia Carvalho noted that negotiation of affordable housing would best be done via a development agreement. In addition, requested direction from council on how they would like to see the performance measures documented and guaranteed, and identify items council would like to see negotiated. Councilmember Sarmiento, noted colleagues spoke on the mitigation efforts and how they would be documented; however, with the regards to affordable housing, the applicant is to include the units he represented at the Sunshine meeting or that the affordable in lieu fee be fixed at 15% irrespective of what happens with the Housing Opportunity Ordinance in the future. Councilmember Bacerra requested two conditions. The first, regarding the timing of the traffic studies as they relate to when they are conducted are to be included in the Mutual Declaration of Acknowledgement Acceptance of Approval Conditions. This would be an additional condition to clarify that there will be two traffic studies done for each neighborhood: the first one when permits are being pulled and the second to be performed at 90% occupancy. The second condition, is to change the word in condition number four from "and" to "including". Councilmember Solorio, noted that via an Ad Hoc Committee, the In Lieu fees and Housing Opportunity Ordinance have been considered and requests that staff bring to council in the next meeting or two. Councilmember Iglesias, made a substitute motion, however, failed for a lack of a second. Mayor Pulido spoke in support of the amended motion. DRAFT CITY COUNCIL MINUTES 1 U4-25 APRIL 212020 Applicant, Mike Harrah, confirmed his commitment to pay a fixed $15/square foot. Motion to adopt as amended 1. Adopting RESOLUTION 2020-033 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE ONE BROADWAY PLAZA PROJECT (SCH NO. 99101047) FOR THE ONE BROADWAY PLAZA MIXED -USE DEVELOPMENT PROJECT AND RE -ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopting RESOLUTION 2020-034 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-01 AMENDING THE ONE BROADWAY PLAZA LAND USE ELEMENT FOR THE PROPERTY LOCATED AT 1109 NORTH BROADWAY 3. Place amended 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 THE PROVISIONS OF SPECIFIC DEVELOPMENT NO. 75 (SD- 75) TO ALLOW RESIDENTIAL USES AND TO APPROVE RESIDENTIAL DEVELOPMENT STANDARDS FOR THE ONE BROADWAY PLAZA MIXED -USE DEVELOPMENT AT 1109 NORTH BROADWAY with the following amendments: 1) to include the timing of the traffic studies, as they relate to when they are conducted, to be a part of the Mutual Declaration of Acknowledgement and Acceptance of Approval Conditions (the first one when permits are being pulled and the second to be performed at 90% occupancy) for each neighborhood, 2) to change the word under condition number four from "and" to "including", and 3) that the Affordable Housing In Lie fee to remain $15.00 per square footage. moved by Mayor Pro Tern Villegas seconded by Councilmember Solorio. Mayor Pro Tern Villegas motioned to adopt as amended, seconded by Councilmember Solorio. r TION: Mayor Pro SECOND: Councilmember Solorio Tern - Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 1 U4-26 APRIL 212020 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. 75B. PUBLIC HEARING -ADOPT COVID-19 RESPONSE FUNDING PLAN; AUTHORIZE APPROVAL OF AGREEMENTS TO IMPLEMENT THE PLAN; APPROVE A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019 - 2020 ANNUAL ACTION PLAN; APPROVE AMENDMENT TO CITIZEN PARTICIPATION PLAN; APPROVE APPROPRIATION ADJUSTMENTS FOR $6,486,644 IN FEDERAL AND STATE GRANT FUNDS - Community Development Agency Legal Notice published in the Orange County Register, La Opinion, and Ngoi Viet on April 17, 2020. Mayor Pulido abstained from Item 75B due to prior business with Castulo de la Rocha, director for Altamed. Executive Director of Community Development Steven Mendoza provided a brief presentation. Council discussion ensued. Mayor Pro Tern Villegas opened the public hearing at 10:01 p.m. Clerk of the Council, Daisy Gomez, reported out on eComments received for Item 75B. Kayleigh Levitt spoke in support of an Emergency Rental Relief Fund and expressed concern with the pre -requisites. Nathaniel Green spoke in support of Item 75B and requested that the rent freeze and eviction moratorium remain in effect for at least six months after all the shelter -in -place orders are lifted. Maria Ceja spoke in favor of a rental relief fund, expressed concern with the pre -requisites needed to qualify, and in favor of a rent -freeze extension. Santa Ana renter spoke in support of a 6-month rent -freeze extension after the shelter - in -place orders are lifted and expressed concern with the pre -requisites needed to qualify. Carla Juarez spoke in support of helping Santa Ana tenants, and in favor to extend the rent -freeze for six months. Mayor Pro Tern Villegas closed the Public Hearing at 10:14 p.m. City Manager Kristine Ridge spoke on parameters to qualify, extension of an eviction, a moratorium or a rent freeze, and Code Enforcement contact information. Council discussion ensued. DRAFT CITY COUNCIL MINUTES 1 U -27 APRIL 212020 Adopt a plan for the allocation, administration and implementation of $6,486,644 in federal and state funding to respond to the coronavirus ("COVID-19") pandemic including $1,385,224 in Homeless Housing, Assistance and Prevention Program COVID-19 Funds, $3,374,017 in Community Development Block Grant Coronavirus Funds, and $1,727,403 in Emergency Solutions Grant Coronavirus Funds, subject to adjustment by the City Manager as needed in response to shifting needs and priorities so long as the amount of funds does not exceed the amount available ("COVID-19 Response Funding Plan"). 2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and subrecipients, who will implement the COVID-19 Response Funding Plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2020- XXX). 3. Approve a Substantial Amendment to the Fiscal Year 2019 — 2020 Annual Action Plan in order to allocate and program $3,374,017 in Community Development Block Grant-Coronavirus Funds, and $1,727,403 in Emergency Solutions Grant Coronavirus Funds to prevent, prepare for, and respond to the coronavirus, and authorize its submission to the U.S. Department of Housing and Urban Development. 4. Approve an Amendment to the Citizen Participation Plan to allow for a 5-day public comment period, and authorize its submission to the U.S. Department of Housing and Urban Development. 5. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-151- Recognizing Homeless Housing, Assistance and Prevention Program grant funds from the State of California, Business, Consumer Services, and Housing Agency for COVID-19 response in the amount of $1,385,224 in revenue account and appropriating same to expenditure account. 6. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-152- Recognizing Community Development Block Grant Coronavirus funds from the U.S. Department of Housing and Urban Development for COVID-19 response in the amount of $3,374,017 in revenue account and appropriating same to expenditure account. 7. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-153- Recognizing Emergency Solutions Grant Coronavirus funds from the U.S. Department of Housing and Urban Development for COVID-19 response in the amount of $1,727,403 in revenue account and appropriating same to expenditure. DRAFT CITY COUNCIL MINUTES 1 U -28 APRIL 212020 Motion to adopt 1. Adopt a plan for the allocation, administration and implementation of $6,486,644 in federal and state funding to respond to the coronavirus ("COVID-19") pandemic including $1,385,224 in Homeless Housing, Assistance and Prevention Program COVID-19 Funds, $3,374,017 in Community Development Block Grant Coronavirus Funds, and $1,727,403 in Emergency Solutions Grant Coronavirus Funds, subject to adjustment by the City Manager as needed in response to shifting needs and priorities so long as the amount of funds does not exceed the amount available ("COVID-19 Response Funding Plan").2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and subrecipients, who will implement the COVID-19 Response Funding Plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2020-085).3. Approve a Substantial Amendment to the Fiscal Year 2019 — 2020 Annual Action Plan in order to allocate and program $3,374,017 in Community Development Block Grant-Coronavirus Funds, and $1,727,403 in Emergency Solutions Grant Coronavirus Funds to prevent, prepare for, and respond to the coronavirus, and authorize its submission to the U.S. Department of Housing and Urban Development.4. Approve an Amendment to the Citizen Participation Plan to allow for a 5-day public comment period, and authorize its submission to the U.S. Department of Housing and Urban Development.5. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-151- Recognizing Homeless Housing, Assistance and Prevention Program grant funds from the State of California, Business, Consumer Services, and Housing Agency for COVID-19 response in the amount of $1,385,224 in revenue account and appropriating same to expenditure account.6. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-152- Recognizing Community Development Block Grant Coronavirus funds from the U.S. Department of Housing and Urban Development for COVID-19 response in the amount of $3,374,017 in revenue account and appropriating same to expenditure account.7. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-153- Recognizing Emergency Solutions Grant Coronavirus funds from the U.S. Department of Housing and Urban Development for COVID-19 response in the amount of $1,727,403 in revenue account and appropriating same to expenditure. moved by Councilmember Sarmiento seconded by Councilmember Penaloza. Councilmember Sarmiento motioned to adopt, 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) DRAFT CITY COUNCIL MINUTES 1 U4-29 APRIL 212020 ABSTAIN: Mayor Pulido (1) ABSENT: None (0) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DIRECT STAFF TO EXPLORE WAIVER OF LATE FEES FOR OTHER MISCELLANEOUS FEES - Councilmember Iglesias Request to waive dog license fees. '40111�w . City Manager will address without returning to council. 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. Clerk of the Council reported out on non -agenda eComments received. Connie Major spoke on Item 25A regarding street scape design, expressed concern regarding traffic construction related to Item 75A and requests speed bumps to be placed, and provided history of community involvement with developer in 1979, for a proposed high-rise in what is now known as the Washington Square Neighborhood. Gary Hendricks spoke regarding the 2525 N. Main property. 0117:WO]IWadU_1OI/_TMA09Y 161J4JllA0110 City Manager Ridge Kristine made community announcements. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio made community announcements. Councilmember Penaloza made community announcements. Councilmember Iglesias made community announcements. Councilmember Bacerra made community announcements. DRAFT CITY COUNCIL MINUTES 1 U 30_3O APRIL 212020 Councilmember Sarmiento made community announcements. Mayor Pro Tern Villegas made community announcements. Mayor Pulido made community announcements. ADJOURNMENT - Mayor Pulido adjourned the City Council meeting at 10:56 p.m. Future Agenda Items 1. Commercial and Medicinal Cannabis Regulation Amendments and Updates ►a Disposition and Development Agreement DDA) for the Third and Broadway Development Project IN DRAFT CITY COUNCIL MINUTES 1 U -3 1 APRIL 212020