HomeMy WebLinkAbout10A - DRAFT MINUTESDRAFT MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
August 18, 2020
CLOSED SESSION MEETING
5:00 P.M.
CALL TO ORDER - Mayor PULIDO Joe
Mayor Pulido called the Closed Session meeting to order` at'5:04 p.m.
Councilmembers, BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO AND
VILLEGAS
PUBLIC COMMENTS — None.
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:
A. City of Santa Ana v. County of Orange, et al, United States District Court
Case No. SA CV 20-0069-DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S.
District Court (Central District of California), Case No. SA CV 18-0155-DOC
(KESx)
C. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S.
District Court (Central District of California), Case No. SA CV 18-0155-DOC
(KESx)
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
CODE: One (1) case
Request to file civil nuisance abatement lawsuit against property located at 2710
W. Edinger Avenue - Property Owner: Mary C. Axelson Trust
DRAFT CITY COUNCIL MINUTES 104-1 AUGUST 18, 2020
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: APN # 005-184-25; 203-205 West Civic Center Drive;
27,331 square feet (0.63 acres)
Negotiators: City Manager Kristine Ridge and Acting Assistant City Manager
Steven Mendoza
Negotiating with: Caribou Industries Inc.
Terms: Conditions of potential sale of City -owned 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.
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: City Manager, Kristine Ridge
Employee Organizations: Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
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 6:35 p.m. and convened to the
Regular Open Session.
AW
DRAFT CITY COUNCIL MINUTES 1 O z _w AUGUST 18, 2020
REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session
Meeting)
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido adjourned the Closed Session at 6:35 p.m. and called the Regular Open
Session to order at 6:41 p.m
COUNCILMEMBERS BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO,
AND VILLEGAS
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - DOUG HARDIN, Police Chaplain
COUNCILMEMBERS Present:
Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio, Councilmember Bacerra, and Councilmember
Mendoza
COUNCILMEMBERS Absent: None
CEREMONIAL PRESENTATIONS
SPECIAL PRESENTATION of the Orange County Registrar of Voters Update on
the November 2020 Election by Justin Berardino, Operations Manager.
Council discussion ensued and direction provided to Orange County Registrar of
Voters representative and city staff.
Councilmember Bacerra thanked Orange County Registrar of Voters for the
additional voting sites.
Councilmember Penaloza requested an additional drop off ballot be included in the
area of Standard and Bristol, North of Edinger.
Councilmember Sarmiento encourages public outreach by the Orange County
Registrar of Voters and Clerk of the Council in notifying the community of the new
available voting drop off -sites.
Councilmember Solorio spoke regarding the need in equity and distribution
throughout the County.
Mayor Pro Tern Villegas inquired about the frequency in which the voting boxes
will be emptied by the Registrar of Voters.
DRAFT CITY COUNCIL MINUTES 1 Off,-3 AUGUST 18, 2020
Mayor Pulido thanked the Registrar of Voters for their effort and encourages an
educational outreach.
2. PROCLAMATION presented by COUNCILMEMBER MENDOZA recognizing the
late Lydia Romero Cruz for her Outstanding Contributions to the Community.
On behalf of Sam Romero, Clerk of the Council Daisy Gomez provided comments.
3. PRESENTATION by the Planning & Building Agency on the status of the
Comprehensive General Plan Update.
Planning and Building Agency Planning Manager, Vince Fregoso, provided a brief
presentation.
Council discussion ensued and direction provided to staff.
Councilmember Bacerra requested that staff meet with planning commissioners
and councilmembers.
Councilmember Solorio commended Vince Fregoso for the presentation, spoke on
the inclusion of environmental justice in the general plan, and economic prosperity.
Councilmember Penaloza spoke regarding outreach.
Councilmember Sarmiento spoke regarding outreach, public engagement, dead
hand control and affordable housing element.
CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent
Calendar Item 19A from the Closed Session meeting.
PUBLIC COMMENTS
Daisy Gomez City Clerk of the Council made an announcement regarding a possible
outage.
Janine spoke in opposition to item 22B and encourages council to consider changes
Santa Ana Municipal Code on the proposed charter amendments.
Speaker spoke regarding Item 85B requesting council support the extension to circulate
the initiative petition.
David Carbajal spoke in support of Item 85B and rental protection.
Kelly Krause spoke regarding Item 25A and expressed support of allowing residents' use
of the amenities due to the lack of recreational space, support of Item 85B to extend the
time to circulate the initiative petition, spoke in opposition to Item 22B and other topics.
DRAFT CITY COUNCIL MINUTES 1 O Q _4 AUGUST 18, 2020
Carla Juarez spoke regarding the public comment process, expressed support of
Item 85B, opposition to Item 22B, and commented on the General Plan.
Tanya Navarro spoke in opposition to Item 22B and encourages funding to be placed in
other areas. Spoke in opposition to the property sale price in Item 25A and in opposition
to 75B because it will decrease affordable housing funds.
Alejandra Luciano spoke regarding Item 85B and requests assistance with rent control.
Yoselinda spoke regarding support of Item 85B to extend the time to circulate the rent
control initiative, rent increases and other topics.
Sarai Arpero spoke in support of Item 85B and encourages council to place referendum
in the ballot and extend the time to circulate the initiative petition.
Manny Escamilla spoke regarding Item 22B and Item 25A and other topics.
Olivia spoke in opposition to Item 22B and opined that the funds need to be effectively
allocated in other areas, expressed the need for housing, spoke in support of Item 85B
and encouraged council to place the initiative on the ballot.
Araceli Robles spoke in opposition of Item 75B and other topics.
Melissa Palmerin expressed support of people who specialize in mental illness disorder
to interact with people with said disorder; supports use funds to implement a hotline and/or
program to assist those with mental illness. Stated opposition to Item 22B, Item 25A
regarding the YMCA property located at 203-205 W. Civic Center Drive, Item 20B, Item
60B and spoke on various other topics.
Hector spoke regarding the public comment process, urges council to vote no on Item
22B and various other topics.
Speaker spoke in support of Item 75B, urged council to assist, Expressed support for rent
control, and asked council to extend the time to allow additional time to circulate the
initiative petition.
Steve Gallegos asked council to vote no on Item 22B and to allocate funds
towards emergency preparedness, and spoke on the public comment process.
Laura Pantoja, housing advocate, spoke regarding support of Item 85B to extend the time
to circulate the initiative petition to place rent control on the ballot.
Maria Ceja spoke in support of Item 85B, asked council to extend time to circulate the
initiative petition or to consider placing the initiative on the ballot.
DRAFT CITY COUNCIL MINUTES 1 O $, _5 AUGUST 18, 2020
Jonah with Los Angeles Alliance for a New Economy (LAANE) spoke regarding use of
public land and expressed opposition to Item 25A.
Nathaniel Greenside spoke regarding park closure, expressed opposition to Item 25A,
spoke in support 20A, spoke in opposition to 22B, and expressed support of Item 85B.
Dan S. noted his availability to provide comments for public hearing Item 75C.
Gary spoke in support of the Bowery Redhill/Warner initiative.
Dale Helvig spoke regarding the General Update.
Barbara Lichman noted that she is available for Item 75C.
Manuel Torres spoke regarding Item 75C and the opportunities granted as a union worker
and as a resident.
Danielle W. spoke in opposition to the sale of the YMCA property, Item 25A, and ask
council to enter into a revenue lease agreement to generate on -going long-term revenue.
Naul Palomino spoke in opposition to the sale of public land as it relates to Item 25A and
regarding the public comment process.
Michael Harrah spoke regarding Item 25A, as it relates to employment opportunities,
beautification of site, the cost of seismic retrofit, and the various taxes that will benefit the
city.
Clerk of the Council Daisy Gomez provided a summary of the eComments received.
CONSENT CALENDAR
MOTION: Approve staff recommendations on the following Consent Calendar
items: with the exception of 20A, 22B, 23A, 25A and 25E. Councilmember
Sarmiento abstained from 25F due to a real property interest in close proximity to
site.
Motion to Approve the Consent Calendar items 10A through 55C with the exception of
20A, 22B, 23A, 25A and 25E. Councilmember Sarmiento abstained from 25F due to a
real property interest in close proximity to site.
Councilmember Bacerra motioned to approve the consent calendar items, seconded by
Mayor Pro Tern Villegas.
DRAFT CITY COUNCIL MINUTES 1 O fj, _6 AUGUST 18, 2020
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JUNE 16, 2020 — Clerk of the
Council Office 'N
MOTION: Approve Minutes. X744�
10B. MINUTES FROM THE ADJOURNED MEETING OF JUNE 18, 2020 — Clerk of the
Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE REGULAR MEETING OF JULY 7, 2020 — Clerk of the
Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
City Attorney Sonia Carvalho reported out on Closed Session Item 2 to file a
lawsuit on a civil nuisance abatement by a unanimous vote on the property held
by Mary C. Axelson Trust adjacent to the Stater Brothers Market:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
DRAFT CITY COUNCIL MINUTES 1 U z _7 AUGUST 18, 2020
CODE: One (1) case. Request to file civil nuisance abatement lawsuit against
property located at 2710 W. Edinger Avenue. Property Owner: Mary C. Axelson
Trust
In addition, reported out from the Special Closed Session meeting of August 4,
2020, the City Council by unanimous vote authorized the filing of litigation against
the Red Roof Inn and nuisance abatement conditions.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
CODE: One case - Request to file civil nuisance abatement lawsuit against
property located at 2600 N. Main Street (doing business as Red Roof
Inn). Property Owner: RR Santa Ana LP, a California Limited Partnership
19C. RECEIVE AND FILE QUARTERLY REPORT OF CONTRACTS COVID-19 AND
NON-COVID-19 RELATED UP TO $50,000 FOR NON-PUBLIC WORKS AND
UP TO $250,000 FOR PUBLIC WORKS AUTHORIZED BY THE CITY
MANAGER AS PERMITTED BY CHARTER SECTION 421 — Finance and
Management Services Agency
MOTION: Receive and file Quarterly Report of Contracts (COVID-19 AND NON
COVID-19) entered into between April 1, 2020 to June 30, 2020 valued at up to
$50,000 for non-public works contracts and agreements and up to $250,000 for
public works contracts and agreements.
19D. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF JUNE
30, 2020 — Finance and Management Services Agency
MOTION: Receive and file Quarterly Report of Investments as of June 30, 2020.
19E. AUTHORIZE RELEASE OF REQUEST FOR QUALIFICATIONS TO ESTABLISH
A LIST OF PRE -QUALIFIED CONSULTANTS PROVIDING AS NEEDED ON -
CALL ENVIRONMENTAL AND PLANNING SERVICES — Planning and Building
Agency
MOTION: Authorize the Planning and Building Agency to release the Request for
Qualifications to establish a list of pre -qualified professional consulting firms
providing as needed on -call environmental and planning services.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
DRAFT CITY COUNCIL MINUTES 1 O $ _8 AUGUST 18, 2020
20A. APPROVE A GRANT AGREEMENT ACCEPTING GRANT FUNDS FROM THE
CALIFORNIA STATE LIBRARY FOR THE KNOWLEDGE MOBILE "KNOW -MO":
BRINGING MOBILE LIBRARY SERVICES BACK TO SANTA ANA PROGRAM
IN THE AMOUNT OF $80,000 AND APPROVE AN APPROPRIATION
ADJUSTMENT AND A MEMORANDUM OF UNDERSTANDING WITH THE
SANTA ANA UNIFIED SCHOOL DISTRICT (NON -GENERAL FUND) - Library
Department
Authorize the City Manager to execute a grant agreement (SVBT-026)
accepting grant funds from the California State Library for the Knowledge
Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana
Program in the amount of $80,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-
XXX).
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-009 - Recognizing $80,000 in
grant revenue from the California State Library and appropriate $80,000 into
the corresponding expenditure accounts (Public Library Grant Fund) to
implement the program.
3. Authorize the City Manager to execute a Memorandum of Understanding with
the Santa Ana Unified School District (SAUSD) to work collaboratively to
issue a Student Success Library Card to all students within SAUSD and
develop programming and activities that the bookmobile will conduct at
schools for a period of five (5) years, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-
XXX).
4. Authorize the City Manager and her designee, the Library Services Executive
Director, to sign any required documents as they relate to the Memorandum
of Understanding between the City of Santa Ana and SAUSD to implement
the Student Success Library Card Program along with a collaboration that
delivers quality bookmobile services to local schools.
Executive Director of Library Services, Brian Sternberg spoke regarding the pilot
program and grant funding related to mobile services and WiFi.
Motion to Adopt
1. Authorize the City Manager to execute a grant agreement (SVBT-026) accepting
grant funds from the California State Library for the Knowledge Mobile "Know-Mo":
Bringing Mobile Library Services Back to Santa Ana Program in the amount of $80,000,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-159).
DRAFT CITY COUNCIL MINUTES 1 Off,-s AUGUST 18, 2020
2. Approve an appropriation adjustment. (Requires five affirmative
votes). APPROPRIATION ADJUSTMENT NO. 2020-009 - Recognizing $80,000 in
grant revenue from the California State Library and appropriate $80,000 into the
corresponding expenditure accounts (Public Library Grant Fund) to implement the
program.
3. Authorize the City Manager to execute a Memorandum of Understanding with the
Santa Ana Unified School District (SAUSD) to work collaboratively to issue a Student
Success Library Card to all students within SAUSD and develop programming and
activities that the bookmobile will conduct at schools for a period of five (5) years,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-160).
AM
4. Authorize the City Manager and her designee, the Library Services Executive
Director, to sign any required documents as they relate to the Memorandum of
Understanding between the City of Santa Ana and SAUSD to implement the Student
Success Library Card Program along with a collaboration that delivers quality
bookmobile services to local schools. moved by Councilmember Penaloza seconded by
Councilmember Solorio.
Councilmember Penaloza motioned to adopt, seconded by Councilmember Solorio
MOTION
Councilmember SECOND: Councilmember Solorio
Penaloza
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
20B. APPROVE AN APPROPRIATION ADJUSTMENT AND AGREEMENT
ACCEPTING $22,950 IN STATE OF CALIFORNIA, BOARD OF STATE AND
COMMUNITY CORRECTIONS MENTAL HEALTH TRAINING GRANT (NON -
GENERAL FUND) - Police Department
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-012 - Accepting $22,950 in the
Police Special Revenue - General account and appropriate same in the
Police Special Revenue - General account.
DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O AUGUST 18, 2020
2. Authorize the City Manager and to execute an agreement (BSCC-0180-18-
MH) with the State of California Board of State and Community Corrections
(BSCC), for the period of May 1, 2019 through September 30, 2021, in an
amount not to exceed $22,950, subject to non -substantive changes approved
by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This Consent Item Agreement No. A-2020-161 was approved.
20C. APPROVE AN APPROPRIATION ADJUSTMENT TO RECEIVE BAY AREA
COUNCIL CALIFORNIA RESILIENCE GRANT FUNDING IN THE AMOUNT OF
$176,807 AND AWARD AN AGREEMENT TO TRC ENGINEERS, INC. FOR
SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) MICROGRID
FEASIBILITY STUDY IN THE AMOUNT OF $153,350 FOR A ONE YEAR TERM
(NON -GENERAL FUND) - Public Works Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-016 - Recognizing $176,807
Bay Area Council California Resilience grant funds into the Energy
Conservation Program, Grant -Other revenue account and appropriating the
same amount into the California Resiliency Challenge, Contract Services -
Professional and Internal Departments Personnel Charges expenditure
accounts.
Authorize the City Manager to execute an agreement with TRC Engineers,
Inc. in the amount of $153,350, for the term beginning August 18, 2020
through August 17, 2021, with provisions for a one-year extension exercisable
by the City Manager and City Attorney, for a Microgrid Feasibility Study at the
Santa Ana Regional Transportation Center, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
This Consent Item Agreement No. A-2020-162 was approved.
20D. APPROVE AN APPROPRIATION ADJUSTMENT FOR $446,250 AND
AUTHORIZE A PURCHASE AGREEMENT IN THE AMOUNT OF $595,000 FOR
REAL PROPERTY ACQUISITION LOCATED AT 2246 S. KILSON DR. (APN
016-102-23) FOR WARNER AVENUE IMPROVEMENTS PHASE 2 (NON -
GENERAL FUND ) - Public Works Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-011 - Recognizing $446,250 in
Measure M2 Competitive, Arterial Capacity Enhancements grant funding from
the Measure M-Street Construction revenue account and appropriate the
DRAFT CITY COUNCIL MINUTES 1 O4_ 1 1 AUGUST 18, 2020
same amount to the Measure M2 Competitive Street, Land expenditure
account for the property acquisition referenced below.
2. Authorize the City Manager to execute a Purchase Agreement for the real
property full acquisition and goodwill (if any) for the property located at 2246
S. Kilson Dr., Santa Ana, CA 92707 (APN 016-102-23), with Santos Popoca
Bahena and Petra Popoca in the amount of $595,000, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
This Consent Item Agreement No. A-2020-163 was approved.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AMEND THE BLANKET ORDER CONTRACT AWARD WITH 2ND GEAR, LLC
AND DELL COMPUTER CORP. FOR DESKTOP COMPUTERS, LAPTOPS,
MOBILE DEVICES AND RELATED EQUIPMENT DUE TO COVID-19 IN AN
ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $1,200,000
(SPECIFICATION NO. 18-074) (GENERAL FUND AND NON -GENERAL FUND) -
Finance and Management Services Agency and Information Technology
Department '
MOTION: Amend the contracts with 2nd Gear, LLC and Dell Computer Corp. for
desktop computers, laptops, mobile devices, and related equipment to increase
the annual agreement amount by an additional $600,000, for a revised annual
aggregate amount not to exceed $1,200,000, for the remainder of the current one-
year period and the first of the remaining three optional one-year renewals, if
exercised, subject to non -substantive changes approved by the City Manager and
City Attorney.
22B. APPROVE A PURCHASE ORDER IN THE AMOUNT OF $353,653 TO
TERRADYNE INC. FOR ONE SPECIALIZED RESPONSE VEHICLE FOR THE
POLICE DEPARTMENT (SPECIFICATION NO. 20-088) (NON -GENERAL
FUND)- Finance and Management Services Agency and Police Department
MOTION: Authorize a one-time purchase and payment of purchase order to
Terradyne Inc., for one specialized response vehicle in the amount of $353,653,
subject to non -substantive changes approved by the City Manager and City
Attorney.
Motion to Approve and authorize a one-time purchase and payment of purchase order
to Terradyne Inc., for one specialized response vehicle in the amount of $353,653,
subject to non -substantive changes approved by the City Manager and City Attorney.
Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Mendoza.
DRAFT CITY COUNCIL MINUTES 1 U4-12 AUGUST 18, 2020
MOTION: Mayor
Tern
Villegas
VOTE: AYES:
Pro SECOND: Councilmember Mendoza
NOES:
ABSTAIN
ABSENT:
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Solorio, Mayor Pro
Tern Villegas, Mayor Pulido (5)
Councilmember
Sarmiento 10�
None (0)
None (0)
Penaloza, Councilmember
22C. AMEND THE BLANKET ORDER CONTRACT WITH HOME DEPOT FOR
CONSTRUCTION, MAINTENANCE AND REPAIR MATERIALS, AND
SUPPLIES FOR AN ADDITIONAL$127,000 (NEW ANNUAL AMOUNT TO NOT
EXCEED $252,000) (SPECIFICATION NO. 17-121) (GENERAL FUND AND
NON -GENERAL FUND) - Finance and Management Services Agency; Public
Works Agency; Parks, Recreation and Community Services Agency and Police
Department
MOTION: Amend the blanket order contract with Home Depot by $127,000, for a
new annual amount not to exceed $252,000, for the purchase of construction,
maintenance and repair materials, and supplies, for the remainder of this contract
term ending December 31, 2020, including the two one-year renewal options,
subject to non -substantive changes approved by the City Manager and City
Attorney.
22D. APPROVE AN INCREASE TO THE PURCHASE ORDER AGGREGATE
AMOUNT WITH ACCO ENGINEERED SYSTEMS, INC. BY $114,239 FOR AN
ANNUAL AMOUNT NOT TO EXCEED $714,239 FOR POLICE
ADMINISTRATION BUILDING HVAC UNIT INSTALLATION AND COOLING
TOWER MEDIA REPLACEMENT (SPECIFICATION NO. 20-049) (GENERAL
FUND) - Finance and Management Services Agency, Public Works Agency and
Police Department
MOTION: Approve an increase to the purchase order aggregate amount for
ACCO Engineered Systems, Inc. by $104,239, with a contingency amount of
$10,000, for an annual amount not to exceed $714,239, for a one-time purchase
order for Police Administration Building HVAC unit installation and cooling tower
media replacement, subject to non -substantive changes approved by the City
Manager and City Attorney.
DRAFT CITY COUNCIL MINUTES 1 U4-13 AUGUST 18, 2020
22E. APPROVE PURCHASE ORDER AMENDMENTS WITH ACCO ENGINEERING,
FM THOMAS, JOHNSON CONTROLS INC., AND TRANE, EXTENDING THE
TERM FOR EIGHT MONTHS AND INCREASING THE COMPENSATION IN A
COMBINED AMOUNT NOT TO EXCEED $385,000 FOR HEATING -
VENTILATION -AIR CONDITIONING REPAIR SERVICES (SPECIFICATION NO.
15-114) (GENERAL FUND) - Finance and Management Services Agency, Public
Works Agency and Police Department
MOTION: Authorize the City Manager to amend the purchase orders with ACCO
Engineering, FM Thomas, Johnson Controls Inc. and Trane for heating,
ventilation, and air conditioning (HVAC) repair services, including emergency on -
call services to extend the term for eight months, beginning October 1, 2020 and
expiring June 30, 2021, and increase the compensation by a shared amount not
to exceed $385,000, subject to non -substantive changes a proved by the City
Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. AUTHORIZE A BUDGET REALLOCATION OF $92,084, AND AWARD A
CONSTRUCTION CONTRACT IN THE AMOUNT OF $711,682 TO ELECNOR
BELCO ELECTRIC, INC. FOR THE GRANT -FUNDED FLOWER STREET
BIKEWAY PROJECT (TOTAL ESTIMATED CONSTRUCTION DELIVERY COST
OF $865,587) (PROJECT NO. 17-6897) (NON -GENERAL FUND) - Public Works
Agency
Authorize reallocation of $92,084 in Measure M2 Local Fairshare funds,
$80,000 from the Bike Lane Project Development (Project No. 20-6904) and
$12,084 from the Traffic Safety Project Development (Project No. 20-6905),
to the Flower Street Bikeway Project (Project No. 17-6897) to complete the
funds needed for the construction delivery cost and matching funds
requirement.
Award a construction contract to Elecnor Belco Electric, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$711,682, for construction of the Flower Street Bikeway Project, for the term
beginning August 18, 2020 and ending upon project completion, and
authorize the City Manager to execute the contract subject to non -substantive
changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery
cost of $865,587, which includes $711,682 for the construction contract;
$100,700 for contract administration, inspection and testing; and a $53,205
project contingency for unanticipated or unforeseen work.
DRAFT CITY COUNCIL MINUTES 1 U }4_ 1 4 AUGUST 18, 2020
Councilmember Penaloza inquired if a portion of a bike trail along Warner and
Edinger can be included as part of project.
Executive Director of Public Works Agency Nabil Saba noted that they will look at
section of bike trail, from Warner to Segerstrom on Flower, and look for funding to
execute the project in current or following year.
Motion to Approve
1. Authorize reallocation of $92,084 in Measure M2 Local Fairshare funds, $80,000 from
the Bike Lane Project Development (Project No. 20-6904) and $12,084 from the Traffic
Safety Project Development (Project No. 20-6905), to the Flower Street Bikeway Project
(Project No. 17-6897) to complete the funds needed for the construction delivery cost
and matching funds requirement.
2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible
bidder, in accordance with the base bid in the amount of $711,682, for construction of
the Flower Street Bikeway Project, for the term beginning August 18, 2020 and ending
upon project completion, and authorize the City Manager to execute the contract subject
to non -substantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$865,587, which includes $711,682 for the construction contract; $100,700 for contract
administration, inspection and testing; and a $53,205 project contingency for
unanticipated or unforeseen work.
Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio.
MOTION
AGREEMENTS
Councilmember SECOND: Councilmember Solorio
Penaloza
.AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
NOES. None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25A. APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF
$500,000 WITH CARIBOU INDUSTRIES FOR THE SALE OF CITY -OWNED
DRAFT CITY COUNCIL MINUTES 1 U } _ 1 5 AUGUST 18, 2020
REAL PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE -
Community Development Agency
Authorize the City Manager to execute a Purchase and Sale Agreement with
Caribou Industries for the sale of City -owned property at 203-205 W. Civic
Center Drive, in the amount of $500,000, 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 any and all agreements necessary to
convey the triangle driveway area south of the YMCA.
Council discussion ensued.
Councilmember Sarmiento spoke regarding the procurement process, community
benefit, and expressed that he is unsupportive of the sale because of lack of public
access. In favor of a long-term leasehold for the applicant or developer to develop
site and allow the city to incur a recurring investment.
Councilmember Sarmiento unsupportive of sale.
Motion to Approve
1. Authorize the City Manager to execute a Purchase and Sale Agreement with Caribou
Industries for the sale of City -owned property at 203-205 W. Civic Center Drive, in the
amount of $500,000, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-164).
2. Authorize the City Manager to execute any and all agreements necessary to convey
the triangle driveway area south of the YMCA (Agreement No. A-2020-165).
Councilmember Solorio motioned to approve, seconded by Mayor Pulido.
MOTION: Councilmember SECOND: Mayor Pulido
Solorio
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Solorio, Mayor Pro Tern
Villegas, Mayor Pulido (6)
NOES: Councilmember Sarmiento (1)
ABSTAIN: None (0)
ABSENT: None (0)
DRAFT CITY COUNCIL MINUTES 1 U4-16 AUGUST 18, 2020
25B. APPROVE THIRD AMENDMENT TO THE SANTA ANA POLICE ASSOCIATION
MOU 2018-21 TO COMPLY WITH THE HOLIDAY PAY REPORTING OF
SPECIAL COMPENSATION REQUIREMENTS CONTAINED WITHIN THE
PUBLIC EMPLOYEES' RETIREMENT LAW — Human Resources Department
MOTION: Authorize the City Manager to execute a third amendment to the
Memorandum of Understanding (MOU) with the Santa Ana Police Association
(SAPOA) for the period July 1, 2018 through December 31, 2021, modifying and
delineating specific articles of the MOU to comply with the holiday pay reporting of
special compensation requirements contained within the Public Employees'
Retirement Law (PERL) subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-166 was approved.
25C. APPROVE FIRST AMENDMENT TO THE SANTA ANA POLICE
MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING 2018-
21 (GENERAL FUND) — Human Resources Department
MOTION: Authorize the City Manager to execute an amendment to the
Memorandum of Understanding (MOU) with the Santa Ana Police Management
Association (SAPMA) for the period July 1, 2018 through June 30, 2021,
modifying specific articles of the MOU and extending the term through December
31, 2021, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-167 was approved.
25D. APPROVE AN AGREEMENT WITH AMERICA ON TRACK TO PROVIDE DRUG
USE PREVENTION EDUCATION PROGRAMS IN AN AMOUNT NOT TO
EXCEED $60,000 (NON -GENERAL FUND) — Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager to execute an agreement with America On
Track to provide drug use prevention education programs in an amount not to
exceed $60,000 from August 18, 2020 to June 30, 2021to be funded by the
Cannabis Public Benefit Fund, subject to non -substantive changes approved by
the City Manager and City Attorney. The term of the agreement may be extended
for an additional one (1) year extension upon writing executed by the City
Manager and City Attorney, as services and programs to be provided may not be
able to commence on September 1, 2020 due to the COVID 19 pandemic
(Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-168 was approved.
DRAFT CITY COUNCIL MINUTES 1 U4-17 AUGUST 18, 2020
25E. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SERCO INC. IN
THE MOUNT OF $705,553.53 FOR PARKING ENFORCEMENT SERVICES
FOR THE POLICE DEPARTMENT (GENERAL FUND) — Police Department
MOTION: Authorize the City Manager to execute an amendment to the
agreement with Serco, Inc. for parking enforcement services, in the amount of
$705,553.53, including a 10% contingency of $64,141.23 for the period of July 1,
2020 through June 30, 2021, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2020-XXX).
Motion to Approve and authorize the City Manager to execute an amendment to the
agreement with Serco, Inc. for parking enforcement services, in the amount of
$705,553.53, including a 10% contingency of $64,141.23 for the period of July 1, 2020
through June 30, 2021, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-169).
Councilmember Sarmiento motioned to approve, seconded by Mayor Pro Tern
Villegas.
MOTION
VOTE:
Councilmember
Sarmiento
AYES:
SECOND: Mayor Pro Tern Villegas
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
25F. APPROVE AN AMENDMENT TO THE PURCHASE AND SALE OF REAL
PROPERTY AGREEMENT WITH IN-N-OUT BURGERS TO EXTEND THE TIME
FOR COMPLETION OF CONSTRUCTION BY AN ADDITIONAL 6 MONTHS —
Public Works Agency
MOTION: Authorize the City Manager to amend the agreement with In-N-Out
Burgers, a California corporation, for the sale of City -owned property located at
827, 829, and 907 North Bristol Street, by extending the construction completion
deadline from 18 months to 24 months due to COVID-19 concerns, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
DRAFT CITY COUNCIL MINUTES 1 U4-18 AUGUST 18, 2020
Councilmember Sarmiento abstained from 25F due to a real property interest in
close proximity to site.
This consent Item - Agreement No. 2020-170 was approved.
25G. APPROVE AGREEMENT WITH TAIT ENVIRONMENTAL SERVICES, INC.,
FOR A FIVE YEAR TERM FOR UNDERGROUND STORAGE TANK (UST)
MAINTENANCE, REPAIR AND TESTING, IN AN AMOUNT NOT TO EXCEED
$600,000 (NON -GENERAL FUND) — Public Works Agency and Police
Department
MOTION: Authorize the City Manager to execute an agreement with TAIT
Environmental Services, Inc., for maintenance, inspection and testing of
underground storage tanks, for period beginning September 1, 2020, and expiring
August 31, 2023. The agreement includes a provision for two one-year renewal
options exercisable by the City Manager and City Attorney, in an annual amount
of $100,000, with an additional annual contingency of $20,000, for an amount not
to exceed $120,000 annually. The total agreement amount is not to exceed
$600,000, including the renewal options, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-171 was approved.
18MOM W9»Yi1T/ W_10%ldi1:1►1QJi1:1►10ri11►1N :70:1w1:1►rrTaArr:Idi124
PRINTING FOR OFFSET PRINTING SERVICES BY $35,000 ANNUALLY PLUS
AN ADDITIONAL $40,000 FOR FY 20-21 FOR A TOTAL INCREASE OF
$215.000.00 (GENERAL FUND AND NON -GENERAL FUND) — Finance and
Management Services Agency
MOTION: Authorize the City Manager to execute an amendment to the
agreement with Mekong Printing, Inc., dba MK Printing, increasing the annual
amount for offset printing services up to $115,000 for an annual increase of
$35,000 plus an additional $40,000 for FY 20-21 for a total contract increase of
$215,000 for the three-year term ending June 3, 2022 and any renewal periods,
subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-172 was approved.
MISCELLANEOUS - BUDGET
29A. APPROVE A SOLE SOURCE PURCHASE ORDER TO THE NATIONAL
FITNESS CAMPAIGN, LLC (NFC) FOR THE PURCHASE OF NFC FITNESS
COURTS AT EL SALVADOR PARK AND CABRILLO PARK FOR AN AMOUNT
NOT TO EXCEED $218,130 TO BE FUNDED BY THE CANNABIS PUBLIC
DRAFT CITY COUNCIL MINUTES 1 U4-19 AUGUST 18, 2020
BENEFIT FUND AND APPROVE AN AMENDMENT TO FISCAL YEAR 2020-21
CAPITAL IMPROVEMENT PROGRAM (NON -GENERAL FUND) - Parks,
Recreation and Community Services Agency and Public Works Agency
Approve a sole source purchase order to the National Fitness Campaign, LLC
(NFC) for NFC Fitness Courts at El Salvador Park and Cabrillo Park for an
amount not to exceed $218,130 to be funded by the Cannabis Public Benefit
Fund, subject to non -substantive changes approved by the City Manager and
City Attorney.
2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement
Program to include the El Salvador Park Fitness Court and the Cabrillo Park
Fitness Court projects.
RESOLUTIONS - CONSENT
55A. ADOPT A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND
ADMINISTER THE PERMANENT LOCAL HOUSING ALLOCATION PLAN —
Community Development Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND
ADOPTING A PLAN AND AUTHORIZING THE SUBMISSION OF AN
APPLICATION FOR PERMANENT LOCAL HOUSING ALLOCATION ("PLHA")
FUNDS
This consent Item - Resolution No. 2020-062 was approved.
55B. ADOPT A RESOLUTION TO UPDATE AND CENTRALIZE THE CITY'S
MASTER PAY SCHEDULE FOR FISCAL YEARS 2016-2017, 2017-2018, AND
2018-2019 IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE
OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM — Human Resources Department
MOTION: Adopt a resolution. Resolution No. 2020-XXX -ADOPT A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO
UPDATE AND CENTRALIZE THE CITY'S MASTER SALARY SCHEDULE FOR
FISCAL YEARS 2016-2017, 2017-2018, AND 2018-2019 IN CONFORMANCE
WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION
570.5 AND THE CALIFORNIA EMPLOYEES' RETIREMENT SYSTEM
(CALPERS)
This consent Item - Resolution No. 2020-063 was approved.
DRAFT CITY COUNCIL MINUTES 104-20 AUGUST 18, 2020
55C. ADOPT RESOLUTION APPROVING THE SANTA ANA SAFE ROUTES TO
SCHOOL PLAN (PROJECT NO. 17-6730) — Public Works Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SANTA
ANA SAFE ROUTES TO SCHOOL PLAN
This consent Item - Resolution No. 2020-064 was approved.
BUSINESS CALENDAR
ADMINISTRATIVE MATTERS - BUSINESS
60A. ADOPT A FIRST AMENDMENT TO THE COVID-19 RESPONSE FUNDING
PLAN; AUTHORIZE APPROVAL OF AGREEMENTS TO IMPLEMENT THE
PLAN; APPROVE AN APPROPRIATION ADJUSTMENT RECOGNIZING
$11,598,442 OF EMERGENCY SOLUTIONS GRANTS PROGRAM COVID-19
FUNDS (NON -GENERAL FUNDS) - Community Development Agency
1. Adopt a First Amendment to the COVID-19 Response Funding Plan for the
allocation, administration and implementation of federal and state funding to
respond to the coronavirus (COVID-19) pandemic to add $11,598,442
Emergency Solutions Grant Coronavirus Funds, subject to adjustment by the
City Manager as needed in response to shifting needs and priorities not to
exceed the amount of funds available (First Amendment to 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 sub -
recipients, who will implement the First Amendment to the COVID-19
Response Funding Plan, subject to non -substantive changes approved by the
City Manager and City Attorney.
3. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-010 - Recognizing a second
allocation of Emergency Solutions Grants Program Coronavirus funds from
the U.S. Department of Housing and Urban Development in the amount of
$11,598,442 in revenue account and appropriating same to expenditure
account.
City Manager Kristine Ridge provided a brief presentation.
Motion to Approve
DRAFT CITY COUNCIL MINUTES 104-21 AUGUST 18, 2020
1. Adopt a First Amendment to the COVID-19 Response Funding Plan for the allocation,
administration and implementation of federal and state funding to respond to the
coronavirus (COVID-19) pandemic to add $11,598,442 Emergency Solutions Grant
Coronavirus Funds, subject to adjustment by the City Manager as needed in response
to shifting needs and priorities not to exceed the amount of funds available (First
Amendment to 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 sub -recipients, who will implement the
First Amendment to the COVID-19 Response Funding Plan, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-2020-
181).
3. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-010 - Recognizing a second allocation of
Emergency Solutions Grants Program Coronavirus funds from the U.S. Department of
Housing and Urban Development in the amount of $11,598,442 in revenue account and
appropriating same to expenditure account.
Councilmember Solorio motioned to approve, seconded by Councilmember Penaloza.
MOTION
Councilmember SECOND: Councilmember Penaloza
Solorio
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
60B. APPROVE FIRST READING OF ORDINANCE TO AMEND CHAPTER 2,
ARTICLES I AND IV OF THE SANTA ANA MUNICIPAL CODE AND
REPEALING SECTIONS 33-183 AND 33-184 - Clerk of the Council Office; City
Attorney's Office; Parks, Recreation & Community Services Agency and Public
Works Agency
MOTION: Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV
DRAFT CITY COUNCIL MINUTES 1 U4_22 AUGUST 18, 2020
AND REPEALING SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND
SECTIONS 33-184
City Manager Kristine Ridge provided a brief presentation and described the
substantial changes.
Motion to Adopt to place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING
SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING
SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND SECTIONS 33-184.
Councilmember Solorio motioned to adopt, seconded by Councilmember Penaloza.
VOTE:
Councilmember
Solorio
AYES:
NOES:
FA- 1101 a
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Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A. PUBLIC HEARING - ADOPT AN ORDINANCE AMENDING CHAPTER 8,
ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO
REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR
DEFAULTED MORTGAGE PROPERTIES TO ADD HISTORIC PROPERTIES
AND PROVIDE ADDITIONAL PROPERTY OWNER RESPONSIBILITIES AND
ENFORCEMENT BY CITY - Planning and Building Agency Legal Notice
published in the Orange County Reporter on August 7, 2020.
Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 8,
ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO
REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT
AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC
PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER
DRAFT CITY COUNCIL MINUTES 1 U4-23 AUGUST 18, 2020
RESPONSIBILITIES, AS WELL AS ADDITIONAL ENFORCEMENT
OPTIONS BY CITY; AND, PROVIDING FOR MONITORING PROGRAM BY
CITY
2. Authorize the City Manager and the Clerk of the Council to amend an existing
two-year agreement with Property Registration Champions LLC for the
administration and collection of the Citywide Foreclosure Program, to include
historic properties and additional vacant properties subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
Mayor Pulido opened the public hearing at 10:13 p.m.
Clerk of the Council Daisy Gomez made an announcement regarding eComments
received.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Seeing there were no speakers, Mayor Pulido closed the public hearing at 10:19
p. M.
- X-
Council discussion ensued.
Councilmember Bacerra spoke, moved the item with amended language.
Councilmember Penaloza spoke and seconded the motion. To staff, expressed
the possibility of increasing Code Enforcement officers.
Executive Director of Planning and Building Agency Minh Thai spoke.
City Attorney Sonia Carvalho spoke. She noted the importance of having a plan of
action from City Attorney staff and obtain outside counsel to assist.
Councilmember Solorio expressed concern with lack of funding for staff.
City Manager Kristine Ridge noted that the fee is being increased to cover cost of
program and funds are deposited into the Foreclosure Abandoned and Vacant
Property Registration Program.
Councilmember Sarmiento expressed the importance of discerning a property
owner who is pursuing permitting and improvements to their property versus a
property owner who is not.
Executive Director of Planning and Building Agency Minh Thai spoke regarding a
registration requirement to ensure the property is secure and safe and that the
ordinance will apply when the city is unable to solicit compliance.
DRAFT CITY COUNCIL MINUTES 104-24 AUGUST 18, 2020
Councilmember Sarmiento requested staff to look into adding an independent
section in the recital that clarifies the purpose of the ordinance - to use it on
properties that are intentionally out of compliance.
Executive Director of Planning and Building Agency Minh Thai spoke and
expressed that he will work with the City Attorney's Office in preparation for the
second reading of the ordinance.
Motion to Adopt as amended:
In Section 8-1987(b) include a provision of on -site security guard services. In Section 8-1987(f)
include the local property management shall inspect the property on a weekly basis or more
frequently to determine if the property is in compliance with the requirements of this division. If it
is determined that the property is not incompliance, it is the company's responsibility to bring the
property in compliance; and strike the words, Property Management company.
1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING CHAPTER 8, ARTICLE X OF THE SANTA ANA
MUNICIPAL CODE RELATING TO REGISTRATION AND MAINTENANCE OF ABANDONED,
VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC
PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER RESPONSIBILITIES, AS
WELL AS ADDITIONAL ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING FOR
MONITORING PROGRAM BY CITY
2. Authorize the City Manager and the Clerk of the Council to amend an existing two-year
agreement with Property Registration Champions LLC for the administration and collection of
the Citywide Foreclosure Program, to include historic properties and additional vacant
properties subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-182).
Councilmember Bacerra motioned to adopt as amended, seconded by Councilmember
Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE- AYES:
NOES:
ABSTAIN
ABSENT:
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
DRAFT CITY COUNCIL MINUTES 1 U4-25 AUGUST 18, 2020
75B. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2020-03 TO
AMEND CHAPTER 41 (ZONING) RELATING TO THE HOUSING
OPPORTUNITY ORDINANCE AND ADOPT AN AMENDMENT TO THE
AFFORDABLE HOUSING FUNDS POLICIES AND PROCEDURES - CITY OF
SANTA ANA, APPLICANT - Planning and Building Agency Planning
Commission approved recommended action on August 3, 2020 by a vote of 7-
0. Legal Notice published in the Orange County Reporter on August 7, 2020.
1. Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 41,
ARTICLE XVIII.I (HOUSING OPPORTUNITY ORDINANCE) OF THE SANTA
ANA MUNICIPAL CODE TO MODIFY APPLICABILITY AND VARIOUS
IMPLEMENTATION PROVISIONS OF THE ORDINANCE
2. Adopt an amendment to the City's Affordable Housing Funds Policies and
Procedures, subject to non -substantive changes approved by the City
Manager and City Attorney.
Mayor Pulido opened the public hearing at 10:40 p.m.
Isuri Ramos spoke in opposition to item 75B.
Jessie Lopez stated that the Housing Opportunity Ordinance is a good thing,
however, expressed concern with Item 75B.
Manny Escamilla expressed concern with lack of affordable housing
Christopher Pardon with Santa Ana Active Streets spoke in opposition to the
proposed amendment.
Melissa Palmerin spoke in opposition to Item 75B and expressed concern with lack
of affordable housing.
Speaker Delgado spoke in opposition of item 75B and urges council not to make
changes to the Housing Opportunity Ordinance.
Tommy spoke in opposition to Item 75B, expressed support for affordable housing
and spoke on other topics.
John Hanna with Southwest Regional Council of Carpenters spoke regarding the
proposed amendment in Item 75B and use of local trained and skilled workforce.
Ugochi Nicholson spoke in support of affordable housing and expressed opposition
in adopting the proposed changes at this time.
Hairo Cortes Director of Chispa spoke in opposition to the proposed amendments
in Item 75B.
DRAFT CITY COUNCIL MINUTES 1 U4-26 AUGUST 18, 2020
Carla Juarez spoke in opposition to Item 75B and expressed concern with the lack
of affordable housing in the city.
Diego spoke in support of the amendment to the Housing Opportunity Ordinance.
Brian Hendricks spoke in support of Item 75B.
Speaker Flores spoke in opposition of Item 75B, expressed concern with a higher
rent burden and urges council to vote no.
Ernesto Madrano with the Los Angeles/Orange Counties Building and
Construction Trades Council expressed the importance of the housing needs and
use of a local trained and skilled workforce.
Luis Andres Perez representing UA Local 582 Plumbers and Steamfitters spoke in
support of the amended language in Item 75B, the importance of local
apprenticeships perpetuating local buyers, and urges council to support the
amendments.
Steve Gallegos expressed concern with Item 75B and expressed concern with
public comment input.
Lindsey Anderson expressed concern with lack of affordable housing and various
other topics. ,
-
Casey Hydler with Tom's Truck Center, spoke regarding reasonable fees.
Hilda Ortiz with Latino Health Access spoke in opposition to the proposed changes
in the Housing Opportunity Ordinance, expressed concern with the lack of
affordable housing, asked council to prioritize the needs of residents and urges
council to vote no on the item.
Tim O'Brien with Legacy Partners, spoke in support of the reduction of fees.
Sunti Kumjim with the Building Industry Association Orange County Chapter spoke
in support of the reduction of fees, and cautions against mandating any type of
labor in connection with the reduced fee.
Cesar Covarubias with the Kennedy Commission spoke regarding the need for
affordable housing, expressed concern with the proposal that is in contradiction
with the general plan and housing element and other matters.
Eric Nelson Vice President with the Building Industry Association Orange County
Chapter, spoke in support of item 75B but expressed concern with mandating any
type of labor in connection with the reduced fee.
DRAFT CITY COUNCIL MINUTES 1 U -27 AUGUST 18, 2020
Nathaniel Greenside spoke in opposition to Item 75B, expressed concern that the
reduced in lieu fees will create immediate de -stabilization of the housing market in
the city, asked council to work with community -based entities, and urged council
to vote no.
Steve LaMotte with Building Industry Association spoke in support of item 75B.
Clerk of the Council Daisy Gomez reported out on eComments received.
Mayor Pulido closed the public hearing at 12:00 p.m. after the last speaker spoke.
Council discussion ensued.
Councilmember Bacerra expressed that the Housing Opportunity Ordinance has
failed to deliver on its promises. Believes that the proposed revisions will do much
more to help generate revenue for the Inclusionary Housing fund and encourage
the building of housing units at all income levels.
Councilmember Mendoza spoke, regarding the labor unions not having a fair
opportunity to hash out the proposed mandated language with the skilled
workforce early on. Expressed support of a compromise.
Motion to adopt as amended to take it from 6 months to a year for those projects that are
in the pipeline. moved by Mayor Pulido seconded by Mayor Pro Tem Villegas.
Councilmember Penaloza expressed concerns regarding the in lieu fees. Offer a
friendly amendment to make it $5 in lieu fees across the board.
Councilmember Solorio expressed support of the financing changes as
recommended or going to $5. Request staff to meet with building trade leaders,
private sector and affordable housing partners. Spoke regarding inclusion of an
apprenticeship program, local hire program and use of the in -lieu funds.
Mayor Pro Tern Villegas is supportive of the friendly amendment made by
Councilmember Penaloza as to the 5 and 5.
Mayor Pulido accepted Penaloza's friendly amendment.
Councilmember Solorio requesting staff to meet with the labor leaders to consider
options.
Councilmember Sarmiento expressed concern regarding the 80% of the residents
that live below the poverty level.
Mayor Pro Tern Villegas spoke regarding affordable housing. Noted that affordable
housing cannot be restricted to current Santa Ana residents and noted that all cities
in the county need to provide affordable housing.
DRAFT CITY COUNCIL MINUTES 1 U4_28 AUGUST 18, 2020
Councilmember Mendoza made a substitute motion to continue the item, but died
due to a lack of a second.
Councilmember Penaloza spoke regarding mandatory skilled workforce labor.
Councilmember Penaloza spoke regarding an annual review period of the fee.
Mayor Pulido spoke and called for the vote.
City Manager Kristine Ridge read the amended motion:
Introduced the first reading of the amendment to the Housing Opportunity
Ordinance (HOO) with the two amendments as follows:
1) Make it $5 across the board for both new developers and those that are
entitled but not permitted, and
2) Provide those that are entitled but not permitted a time -period of 12 months
as opposed to 6 months to pull permits for those that are already in the pipeline.
If they do not permit within 12 months, it will go back to $15.
Councilmember Bacerra expressed support of Councilmember's Solorio request
for staff to meet with the labor leaders to consider options.
Mayor Pulido in support of adding to the motion for staff to meet with labor leaders
and bring back recommendations to council.
Motion to Adopt as amended to introduced the first reading of the amendment to the Housing
Opportunity Ordinance (HOO) with the amendments as follows:
1) Make it $5 across the board for both new developers and those that are entitled but not
permitted, and
2) Provide those that are entitled but not permitted a time -period of 12 months as opposed to 6
months to pull permits for those that are already in the pipeline. If they do not permit within 12
months, it will go back to $15.
Staff to meet with labor leaders and bring back recommendations to council.
1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41, ARTICLE XVIII.I (HOUSING
OPPORTUNITY ORDINANCE) OF THE SANTA ANA MUNICIPAL CODE TO MODIFY
APPLICABILITY AND VARIOUS IMPLEMENTATION PROVISIONS OF THE ORDINANCE
2. Adopt an amendment to the City's Affordable Housing Funds Policies and Procedures,
subject to non -substantive changes approved by the City Manager and City Attorney.
Mayor Pulido motioned to adopt as amended, seconded by Councilmember Solorio.
DRAFT CITY COUNCIL MINUTES 1 U4-29 AUGUST 18, 2020
MOTION: Mayor SECOND: Councilmember Solorio
Pulido
VOTE: AYES: Councilmember Bacerra, Councilmember
Penaloza, Councilmember Solorio, Mayor Pro
Tern Villegas, Mayor Pulido (5)
NOES: Councilmember Mendoza, Councilmember
Sarmiento (2)
ABSTAIN: None (0)
ABSENT: None (0)
75C. PUBLIC HEARING -ADOPT A RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2020-02, GENERAL PLAN
AMENDMENT NO. 2020-01, AMENDMENT APPLICATION NO. 2020-01, AND
OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION
INCONSISTENCY ACTION FOR A MIXED USE DEVELOPMENT PROJECT
PROPOSED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE - Planning
and Building Agency Planning Commission approved recommended action on
May 26, 2020 by a vote of 5-0 (Phan abstained and Contreras -Leo
absent). Legal Notice published in the Orange County Reporter on August 7,
2020, and notices mailed on August 6, 2020.
1. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA (1) ADOPTING
ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2)
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2019080011), (3) ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND (4) APPROVING THE
PROPOSED MIXED -USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENT LOCATED WITHIN THE CITY OF SANTA ANA LOCATED
AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE
2. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL
PLAN AMENDMENT NO. 2020-02 AMENDING THE LAND USE ELEMENT
TO DISTRICT CENTER FOR THE PROPERTY LOCATED AT 2300, 2310,
AND 2320 SOUTH REDHILL AVENUE
3. Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT
APPLICATION NO. 2020-01 REZONING THE PROPERTY LOCATED AT
2300, 2310, AND 2320 SOUTH REDHILL AVENUE FROM LIGHT
DRAFT CITY COUNCIL MINUTES 1 U 30_3O AUGUST 18, 2020
INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND
ADOPTING SD-96 FOR SAID PROPERTY
4. Adopt a resolution. (Requires five affirmative votes). Resolution No. 2020-
XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION'S DETERMINATION OF INCONSISTENCY FOR A MIXED -
USE DEVELOPMENT PROJECT LOCATED 2300, 2310 AND 2320 SOUTH
REDHILL WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN
WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS
Mayor Pulido opened the public hearing at 12:43 p.m.
City Clerk of the Council Daisy Gomez spoke on behalf of Austin Lombard. In
addition, reported out on eComments received for the record.
Dale Helving spoke in opposition to Item 75C and expressed potential liability the
City would incur.
Tim Rush spoke in opposition to Item 75C and expressed concerns with developer.
John Hanna with Southwest Regional Council of Carpenters supports item,
developer and noted the project will create revenue for the city.
Steve LaMotte with Building Industry Association spoke in support of item, and
noted the project will add housing units and revitalize open space.
Nathaniel Greenside expressed concern with the lack of affordable housing units
in the project.
Speaker Jim spoke in support of the project.
Carla Juarez spoke regarding affordable housing availability.
Will Winkenhofer representing the applicant introduced himself.
Mayor Pulido closed the public hearing at 1:11 AM.
Executive Director of Planning and Building Agency Minh Thai spoke regarding
liability and condition of indemnification requirement.
Motion to Adopt
1. Adopt a resolution. Resolution No. 2020-065 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA (1) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND
A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THE
DRAFT CITY COUNCIL MINUTES 1 U -3 1 AUGUST 18, 2020
FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019080011),
(3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (4)
APPROVING THE PROPOSED MIXED -USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENT LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2300, 2310,
AND 2320 SOUTH REDHILL AVENUE
2. Adopt a resolution. Resolution No. 2020-066 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-02
AMENDING THE LAND USE ELEMENT TO DISTRICT CENTER FOR THE PROPERTY
LOCATED AT 2300. 2310. AND 2320 SOUTH REDHILL AVENUE
3. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2020-01 REZONING THE
PROPERTY LOCATED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE FROM LIGHT
INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND ADOPTING SD-96
FOR SAID PROPERTY
4. Adopt a resolution. (Requires five affirmative votes). Resolution No. 2020-067- A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF
INCONSISTENCY FOR A MIXED -USE DEVELOPMENT PROJECT LOCATED 2300, 2310
AND 2320 SOUTH REDHILL WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN
WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS moved by Councilmember Solorio
seconded by Councilmember Sarmiento.
Councilmember Solorio motioned to adopt, seconded by Councilmember Sarmiento.
MOTION: Councilmember SECOND: Councilmember Sarmiento
Solorio
VOTE:, AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (5)
NOES`:_ Mayor Pro Tern Villegas, Mayor Pulido (2)
ABSTAIN: None (0)
NT: 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 PREPARE A RESOLUTION ON BEHALF OF THE SANTA ANA
CITY COUNCIL ENDORSING PROPOSITION 20 WHICH WILL RESTORE THE
DRAFT CITY COUNCIL MINUTES 1 U 3 _32 AUGUST 18, 2020
ABILITY TO AUTHORIZE FELONY SENTENCES FOR CERTAIN OFFENSES
CURRENTLY TREATED AS MISDEMEANORS - Councilmembers Bacerra and
Penaloza
Councilmember Bacerra requested to pull the item and bring it back at the next
meeting.
85B. DISCUSS AND CONSIDER WHETHER TO DIRECT STAFF TO PREPARE AND
PRESENT TO THE COUNCIL DOCUMENTS NECESSARY TO EXTEND THE
TIME TO CIRCULATE ALL CITIZEN INITIATIVE PETITIONS FILED IN 2020
PAST THE USUAL 180-DAY PERIOD UNDER AUTHORITY OF THE CITY
CHARTER AND CONSISTENT WITH THE SANGIACOMO V. ALEX PADILLA,
SECRETARY OF STATE DECISION - Councilmember Sarmiento
Item continued to the next meeting.
85C. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DISCUSS
POLICE DEPARTMENT'S JULY 25, 2019 PLAN ADDRESSING
ENFORCEMENT OF ANTI -CAMPING AND PANHANDLING LAWS, AND
PROVIDE DIRECTION TO CITY MANAGER AS APPROPRIATE RELATED TO
ENFORCEMENT OF THESE LAWS AND OTHER COMMUNITY POLICING
PRIORITIES FOR THE 2020-21 FISCAL YEAR - Councilmember Solorio
Item continued to the next meeting.
COMMENTS
90A. CITY MANAGER'S COMMENTS — None.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Mendoza announced that City Manager Kristine Ridge will
provide an update on COVID-19 testing by email.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
September 1, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed
by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Adjourn the City Council meeting at 1:20 a.m. on Wednesday, August 19, 2020 in honor
of Lydia Romero Cruz.
DRAFT CITY COUNCIL MINUTES 1 U 3 _33 AUGUST 18, 2020