HomeMy WebLinkAbout2020-11-17 Regular
FINAL MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
November 17, 2020
5:00 P.M.
CLOSED SESSION MEETING
CALL TO ORDER - Mayor PULIDO
COUNCILMEMBERS Present:
Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tem Villegas
Mayor Pulido
COUNCILMEMBERS Absent:
None.
Mayor Pulido called the Closed Session meeting to order at 5:02 p.m. Councilmember
Bacerra joined the meeting at 5:20 p.m. Councilmember Mendoza joined the meeting at
5:14 p.m.
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:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
1A. Ross Berrera, et al. v. City of Santa Ana, Orange County Superior Court
Case No.: 30-2015-00771129-CU-WM-CJC
1B. City of Santa Ana v. County of Orange, et al, United States District Court
Case No. SA CV 20-0069-DOC (DFMx)
1C. 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)
CITY COUNCIL MINUTES 1 NOVEMBER 17, 2020
1D. 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)
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.
ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN
SESSION.
Mayor Pulido adjourned Closed Session meeting at 6:08 p.m. and convened to the
Regular Open Session at 6:11 p.m.
CITY COUNCIL MINUTES 2 NOVEMBER 17, 2020
REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session
Meeting)
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido called the Regular Session meeting to order at 6:14 p.m.
COUNCILMEMBERS Present:
Councilmember Bacerra, Councilmember Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember Solorio, Mayor Pro Tem Villegas, Mayor
Pulido
COUNCILMEMBERS Absent:
None.
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - JACK ABEELEN, POLICE CHAPLAIN
CEREMONIAL PRESENTATIONS
1. PROCLAMATIONS presented by MAYOR PRO TEM VILLEGAS and
COUNCILMEMBER MENDOZA naming November 11th as Veterans Day.
2. PROCLAMATION presented by COUNCILMEMBER PENALOZA recognizing
Felix Rivera for his Outstanding Contributions to the Community.
3. OATH OF OFFICE (video) administered to Nancy Lewis, Santa Ana 2018
Measure X Citizens' Oversight Committee as the Ward 4 representative -
Councilmember Bacerra.
CLOSED SESSION REPORT - The City Attorney will report items to be added to
Consent Calendar Item 19A from the Closed Session meeting.
City Attorney Sonia Carvalho announced that Council provided direction to staff and there
was no reportable action.
PUBLIC COMMENTS
Clerk of the Council Daisy Gomez provided a report of eComments received.
Victor Mendez expressed some common areas of financial concern as it relates to Items
20B, 22B, 25E, and 25H during the current COVID-19 pandemic state.
Evan Grant spoke regarding existing litigation.
CITY COUNCIL MINUTES 3 NOVEMBER 17, 2020
Christopher Forden, Project Director of Santa Ana Streets, spoke regarding Item 60B to
express his opposition to punitive measures, and encouraged council to vote no.
Dale Helvig thanked Mayor Pro Tem Villegas and Councilmember Mendoza for the
Veteran's Day acknowledgement, and spoke regarding concerns on Item 25E, Item 25H,
and Item 85A.
Paul Nagel, Project Director for The Bicycle Tree, spoke regarding Item 60B to express
concerns with punitive measures and various topics.
Carla Juarez spoke regarding the ward maps, civic engagement, concerns with
developer as it relates to Item 75A, and accessibility to General Plan updates from past
meetings.
Lorena Palacios spoke regarding opposition to Item 75A.
Clerk of the Council, Daisy Gomez, reported out on additional correspondence received
for Item 85A.
CONSENT CALENDAR
Motion to approve the Consent Calendar Items with the following modifications.
Approve staff recommendations on the following Consent Calendar Items 10A through
55D with the exception of items: 12A, 20A, 20D, 22B, 25B, 55A, and 55C.
Councilmember Sarmiento abstained from Item 25C, subsection 8, due to a conflict of
interest in real property.
Mayor Pro Tem Villegas motioned to approve the consent calendar items with the
following modifications, seconded by Councilmember Sarmiento.
MOTION: Mayor Pro SECOND: Councilmember Sarmiento
Tem
Villegas
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor Pulido
(7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 4 NOVEMBER 17, 2020
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 6, 2020 – Clerk of
the Council Office
MOTION: Approve Minutes.
10B. MINUTES FROM THE SPECIAL MEETING OF OCTOBER 16, 2020 – Clerk of
the Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE REGULAR MEETING OF OCTOBER 20, 2020 - Clerk of
the Council Office
MOTION: Approve Minutes.
NOTICE OF PUBLIC HEARINGS
12A. ADOPT RESOLUTION OF INTENT TO LEVY 2021 ASSESSMENT FOR
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT –
Community Development Agency
1. Approve the 2021 Assessment Report for the Downtown Santa Ana Business
Improvement District (BID), which is administered by two organizations, the
Santa Ana Business Council and Downtown Incorporated.
2. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN
ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2021
3. Set a public hearing for December 15, 2020.
This consent Item- Resolution No. 2020-081 was approved.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT MIGUEL CALDERON NOMINATED BY COUNCILMEMBER
PENALOZA TO THE PLANNING COMMISSION AS THE WARD 2
REPRESENTATIVE FOR A PARTIAL-TERM EXPIRING DECEMBER 13, 2022 -
Clerk of the Council Office
CITY COUNCIL MINUTES 5 NOVEMBER 17, 2020
MOTION: Nominate Miguel Calderon for an appointment to the Planning
Commission as the Ward 2 representative.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) - City Attorney's Office
City Attorney Sonia Carvalho announced that Council provided direction to staff
and there was no reportable action.
19B. EXCUSED ABSENCES – Clerk of the Council Office
19C. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF
SEPTEMBER 30, 2020 – Finance and Management Services Agency
MOTION: Receive and file.
19D. 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 July 1, 2020 to September 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.
19E. RECEIVE AND FILE FISCAL YEAR 2020-2021 - FIRST QUARTER UPDATE -
Finance and Management Services Agency
MOTION: Receive and file Fiscal Year 2020-2021 First Quarter Update.
19F. RECEIVE AND FILE THE SEWER SYSTEM MANAGEMENT PLAN 2020
UPDATE – Public Works Agency
MOTION: Receive and file the Sewer System Management Plan 2020 update.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROVE AN APPROPRIATION ADJUSTMENT AND AMEND AGREEMENT
WITH MAGELLAN ADVISORS LLC TO INCREASE THE CONTRACT AMOUNT
BY $36,685 FOR THE REMAINING TERM OF THE AGREEMENT FOR
CITY COUNCIL MINUTES 6 NOVEMBER 17, 2020
CITYWIDE FIBER-OPTIC AND WIRELESS BROADBAND NETWORK
CONSULTING SERVICES (PROJECT NO. 18-6065) (NON-GENERAL FUND) -
Public Works Agency
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-047 - Recognizing the
remaining balance of the loan proceeds with the trustee in the amount of
$1,475,047 into the Capital Outlay, Miscellaneous Revenue, Prior Year Carry
Forward revenue account, and appropriating the same amount into the
Capital Outlay, Streetlights, Improvements Other Than Building expenditure
account.
2. Authorize the City Manager to execute an amendment to the agreement with
Magellan Advisors LLC to increase the contract amount by $36,685, which
includes a $33,350 project fee and a 10% contingency of $3,335 for a total
contract amount not to exceed $261,685, for the remaining term of the
agreement from November 17, 2020 to April 2, 2021, with two one-year
extensions exercisable by the City Manager and the City Attorney, to provide
citywide fiber-optic and wireless broadband network consulting services
subject to non-substantive changes approved by the City Manager and the
City Attorney (Agreement No. A-2020-XXX).
Motion to Approve 1. Approve an appropriation adjustment. (Requires five affirmative
votes). APPROPRIATION ADJUSTMENT NO. 2021-047 - Recognizing the remaining
balance of the loan proceeds with the trustee in the amount of $1,475,047 into the
Capital Outlay, Miscellaneous Revenue, Prior Year Carry Forward revenue account,
and appropriating the same amount into the Capital Outlay, Streetlights, Improvements
Other Than Building expenditure account.
2. Authorize the City Manager to execute an amendment to the agreement with
Magellan Advisors LLC to increase the contract amount by $36,685, which includes a
$33,350 project fee and a 10% contingency of $3,335 for a total contract amount not to
exceed $261,685, for the remaining term of the agreement from November 17, 2020 to
April 2, 2021, with two one-year extensions exercisable by the City Manager and the
City Attorney, to provide citywide fiber-optic and wireless broadband network consulting
services subject to non-substantive changes approved by the City Manager and the City
Attorney (Agreement No. A-2020-210).
Councilmember Bacerra motioned to approve, seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
CITY COUNCIL MINUTES 7 NOVEMBER 17, 2020
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
20B. APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A
CONSTRUCTION CONTRACT TO ALL CITIES ENGINEERING, INC. IN THE
AMOUNT OF $2,563,351 FOR THE SAINT GERTRUDE AND GRAND AVENUE
WATER MAIN REPLACEMENT PROJECT WITH AN ESTIMATED PROJECT
DELIVERY COST OF $3,332,355 (PROJECT NO. 15-6446) (NON-GENERAL
FUND) - Public Works Agency
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-048 – Recognizing $1,832,355
in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward
account, and appropriating the same amount into the Acquisition &
Construction, Water Utility Capital Projects, Water Capital Project expenditure
account.
2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement
Program to include $937,355 in construction funds for the St. Gertrude and
Grand Avenue Water Main Replacement Project.
3. Award a construction contract to All Cities Engineering, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$2,563,351, for construction of Saint Gertrude and Grand Avenue Water Main
Replacement Project, for the term beginning November 17, 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.
4. Approve the Project Cost Analysis for a total estimated construction delivery
cost of $3,332,355, which includes $2,563,351 for the construction contract,
$384,504 for contract administration, inspection, and testing; and a $384,500
project contingency for unanticipated or unforeseen work.
20C. APPROVE APPROPRIATION ADJUSTMENT ACCEPTING BUREAU OF
RECLAMATION WATERSMART GRANT FUNDS FOR THE ADVANCED
METER INFRASTRUCTURE PROJECT IN THE AMOUNT OF $1,200,000 AND
TO APPROPRIATE PRIOR YEAR GRANT FUNDS OF $1,050,000 (NON-
GENERAL FUND) - Public Works Agency
CITY COUNCIL MINUTES 8 NOVEMBER 17, 2020
MOTION: Approve an appropriation adjustment. (Requires five affirmative votes).
1. APPROPRIATION ADJUSTMENT NO. 2021-046 - Accepting Bureau of
Reclamation WaterSMART grant funds in the amount of $1,200,000 into the
Public Works Water Quality & Control Fund, Miscellaneous Revenue, Federal
Grant-Direct revenue account and appropriating the same amount into
Reserve Appropriation expenditure accounts for future year expenditures.
2. APPROPRIATION ADJUSTMENT NO. 2021-046 - Recognizing prior year
appropriation of $1,050,000 in Bureau of Reclamation WaterSMART grant
funds into the Public Works Water Quality & Control Fund, Prior Year Carry
Forward revenue account and appropriating the same amount into the Public
Works Water Quality & Control, WaterSMART-Watershed Management
Program, Reserve Appropriation expenditure account for future year
expenditures.
20D. APPROVE AN APPROPRIATION ADJUSTMENT, AUTHORIZE A BUDGET
REALLOCATION, APPROVE BASIC TERMS, AND AUTHORIZE THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) FOR THE MASTER PLAN OF ARTERIAL HIGHWAY
AMENDMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY,
THE CITY OF TUSTIN, AND THE CITY OF FOUNTAIN VALLEY (NON-
GENERAL FUND) - Public Works Agency
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-049 – Recognizing prior year
fund balance of $157,961 in New Transportation Systems Improvements Area
F funds and appropriating the same amount to the New Transportation
Systems Improvements Area F, Improvements Other Than Building
expenditure account to partially fund the transit study required in the MOU.
2. Authorize reallocation of $92,039 in unspent Measure M2 Local Fair Share
funds as follows; $80,000 from the Bike Lane Project Development (Project
No. 21-6904), and $12,039 from the Traffic Safety Project Development
(Project No. 21-6905) to the Transit Study Project (No. 21-6981).
3. Approve terms and conditions upon which the MOU will be based on, and
authorize the City Manager to negotiate and execute a final memorandum of
understanding for the Master Plan of Arterial Highway (MPAH) Amendment
with the Orange County Transportation Authority (OCTA), the City of Tustin,
and the City of Fountain Valley (Agreement No. A-2020-XXX).
Motion to Approve 1. Approve an appropriation adjustment. (Requires five affirmative
votes). APPROPRIATION ADJUSTMENT NO. 2021-049 – Recognizing prior year fund
balance of $157,961 in New Transportation Systems Improvements Area F funds and
CITY COUNCIL MINUTES 9 NOVEMBER 17, 2020
appropriating the same amount to the New Transportation Systems Improvements Area
F, Improvements Other Than Building expenditure account to partially fund the transit
study required in the MOU.
2. Authorize reallocation of $92,039 in unspent Measure M2 Local Fair Share funds as
follows; $80,000 from the Bike Lane Project Development (Project No. 21-6904), and
$12,039 from the Traffic Safety Project Development (Project No. 21-6905) to the
Transit Study Project (No. 21-6981).
3. Approve terms and conditions upon which the MOU will be based on, and authorize
the City Manager to negotiate and execute a final memorandum of understanding for
the Master Plan of Arterial Highway (MPAH) Amendment with the Orange County
Transportation Authority (OCTA), the City of Tustin, and the City of Fountain Valley
(Agreement No. A-2020-211).
Councilmember Bacerra motioned to approve, seconded by Mayor Pulido.
MOTION: Councilmember SECOND: Mayor Pulido
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AWARD PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $181,634 TO
NATIONAL AUTO FLEET GROUP FOR ONE FORD SUPER DUTY F550
PRESSURE WASHER VACUUM TRUCK (SPECIFICATION NO. 20-127) (NON-
GENERAL FUND) -Finance and Management Services Agency and Public
Works Agency
MOTION: Authorize a one-time purchase and payment of purchase order to
National Auto Fleet Group for the purchase of one Ford Super Duty F550
Pressure Washer System Vacuum truck, in the amount of $171,634 plus a
contingency of $10,000, for a total amount not to exceed $181,634, subject to
non-substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 10 NOVEMBER 17, 2020
22B. AWARD PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $157,972 TO
FAIRWAY FORD SALES INC. FOR FIVE FORD SUPER DUTY F250 HD
TRUCKS (SPECIFICATION NO. 20-114) (NON-GENERAL FUND) - Finance and
Management Services Agency and Public Works Agency
MOTION: Authorize a one-time purchase and payment of purchase order to
Fairway Ford Sales Inc., for five Ford Super Duty F250 HD trucks in the amount of
$152,972, plus a contingency of $5,000 for a total amount not to exceed
$157,972, subject to non-substantive changes approved by the City Manager and
City Attorney.
Councilmember Bacerra requested staff to perform a local educational outreach
through economic development efforts. In addition, request staff to share any
actions council needs to consider based on findings from outreach.
Councilmember Solorio provided direction to staff to have a quarterly or monthly
educational workshop outreach for local businesses.
Motion to Approve Authorize a one-time purchase and payment of purchase order to
Fairway Ford Sales Inc., for five Ford Super Duty F250 HD trucks in the amount of
$152,972, plus a contingency of $5,000 for a total amount not to exceed $157,972,
subject to non-substantive changes approved by the City Manager and City Attorney.
Councilmember Bacerra motioned to approve, seconded by Councilmember Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
22C. APPROVE AN INCREASE IN THE PURCHASE ORDER AMOUNT WITH
SELECT TRENCHLESS PIPELINES, INC. FOR SANITARY SEWER LATERAL
LINING SERVICES IN THE AMOUNT OF $200,000, FOR A REVISED ANNUAL
CITY COUNCIL MINUTES 11 NOVEMBER 17, 2020
AMOUNT NOT TO EXCEED $250,000 FOR THE REMAINING TERM OF THE
AGREEMENT (SPECIFICATION NO. 15-087) (NON-GENERAL FUND) -
Finance and Management Services Agency and Public Works Agency
MOTION: Authorize the City Manager to approve an increase to the blanket order
contract with Select Trenchless Pipelines, Inc., for sanitary sewer lateral lining
services by $200,000, for a revised annual amount not to exceed $250,000 for the
remainder of the contract term.
AGREEMENTS
25A. APPROVE A LEASE AGREEMENT WITH VERIZON WIRELESS FOR AN
EXISTING CELLULAR ANTENNA TOWER AT THE SANTA ANA STADIUM
FOR $28,800 PER YEAR WITH A 3% ANNUAL INCREASE FOR THE PERIOD
NOVEMBER 1, 2020 TO OCTOBER 31, 2030 WITH THREE, FIVE-YEAR
RENEWAL OPTIONS (NON-GENERAL FUND) – Parks, Recreation, and
Community Services Agency
MOTION: Authorize the City Manager to execute a lease agreement with Verizon
Wireless for an existing cellular antenna tower at the Santa Ana Stadium for
$28,800 per year with a 3% annual increase for the period November 1, 2020 to
October 31, 2030 with three, five-year 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. 2020-212 was approved.
25B. APPROVE A SECOND AMENDMENT TO EXTEND THE TERM AND
INCREASE THE OUTDOOR DINING SPACE FOR THE LICENSE
AGREEMENT WITH EAST END REALTY PARTNERSHIP, LP AND
WURSTHAUS, INC. ALLOWING TEMPORARY OUTDOOR DINING
ACTIVITIES TO OCCUR WITHIN PLAZA CALLE CUATRO FOR THE PERIOD
DECEMBER 1, 2020 THROUGH NOVEMBER 30, 2021 FOR AN AMOUNT NOT
TO EXCEED $2,028 (GENERAL FUND) – Planning and Building Agency; Parks,
Recreation and Community Services Agency and Community Development
Agency
MOTION: Authorize the City Manager to execute a second amendment to extend
the term and increase the outdoor dining space for the License Agreement with
East End Realty Partnership, LP and Wursthaus Inc., allowing temporary outdoor
dining activities to occur within Plaza Calle Cuatro for the period of December 1,
2020 through November 30, 2021, in an amount not to exceed $2,028, subject to
non-substantive changes approved by the City Manager and the City Attorney
(Agreement No. A-2020-XXX).
CITY COUNCIL MINUTES 12 NOVEMBER 17, 2020
Councilmember Penaloza implores staff to collaborate with downtown businesses
to implement a uniform outdoor seating standard.
Councilmember Bacerra concurs with Councilmember Penaloza, and asks staff to
consider street closures on a permanent level.
Motion to Approve: Authorize the City Manager to execute a second amendment to
extend the term and increase the outdoor dining space for the License Agreement with
East End Realty Partnership, LP and Wursthaus Inc., allowing temporary outdoor dining
activities to occur within Plaza Calle Cuatro for the period of December 1, 2020 through
November 30, 2021, in an amount not to exceed $2,028, subject to non-substantive
changes approved by the City Manager and the City Attorney (Agreement No. A-2020-
213).
Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Penaloza
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25C. APPROVAL OF A HISTORIC PROPERTY PRESERVATION AGREEMENTS –
Planning and Building Agency
MOTION: Authorize the City Manager or designee to execute the attached Mills
Act agreement with the below-referenced property owners for the identified
structure(s), subject to non-substantive changes approved by the City Manager
and City Attorney. Property Owner(s), Historic Property Preservation Agreement
No., Address/House, Vote by HRC, Agreement No.
Property Owner(s), Historic Property Preservation Agreement No., Address/House,
Vote by HRC, Agreement No.
1. Jeffrey Blied, 2020-01, 1330 S. Broadway, 7:0:1 (Rivera Absent), A-2020-
XXX
CITY COUNCIL MINUTES 13 NOVEMBER 17, 2020
2. Paul E. Sanford and Jeffrey J. Lemay, 2020-02, 936 W. River Lane, 7:0:1
(Rivera Absent), A-2020-XXX
3. Kevin A. and Lauren L. Marshall, 2020-03, 2352 N. Riverside Drive, 7:0:1
(Rivera Absent), A-2020-XXX
4. Jeffrey M. and Joni L. Black, 2020-04, 2526 N. Santiago Street, 7:0:1 (Rivera
Absent), A-2020-XXX
5. Matthew D. and Leigh A. Mohler, 2020-06, 2320 N. Heliotrope Drive, 7:0:1
(Rivera Absent), A-2020-XXX
6. Sara Camm-Turrietta and Tracie Turrietta, 2020-07, 2447 N. Heliotrope Drive,
8:0, A-2020-XXX
7. Camron E. and Phyllis A. Bussard, 2020-08, 1015 W. River Lane, 8:0, A-
2020-XXX
8. Valerie J. Boulter, 2020-12, 920 N. Louise Street, 7:0:1 (Rivera Absent), A-
2020-XXX
9. Timothy J. and Jeanice S. Barker, 2020-13, 1805 N. Louise Street, 8:0, A-
2020-XXX
10. Elliot and Carol Y. Cossaboom, 2020-14, 2606 N. Flower Street, 7:0:1 (Rivera
Absent), A-2020-XXX
11. Richard S. Frankenstein, 2020-15, 2109 N. Rosewood Avenue, 7:0:1 (Rivera
Absent), A-2020-XXX
12. Ryan and Amy Bruce, 2020-16, 2214 N. Heliotrope Drive, 7:0:1 (Rivera
Absent), A-2020-XXX
13. 888 Tower Apartments, LLC, 2020-17, 888 N. Main Street, 7:0:1 (Rivera
Absent), A-2020-XXX
This consent Item approved
1. Jeffrey Blied, 2020-01, 1330 S. Broadway, 7:0:1 (Rivera Absent), A-2020-214
2. Paul E. Sanford and Jeffrey J. Lemay, 2020-02, 936 W. River Lane, 7:0:1 (Rivera
Absent), A-2020-215
3. Kevin A. and Lauren L. Marshall, 2020-03, 2352 N. Riverside Drive, 7:0:1 (Rivera
Absent), A-2020-216
4. Jeffrey M. and Joni L. Black, 2020-04, 2526 N. Santiago Street, 7:0:1 (Rivera
Absent), A-2020-217
CITY COUNCIL MINUTES 14 NOVEMBER 17, 2020
5. Matthew D. and Leigh A. Mohler, 2020-06, 2320 N. Heliotrope Drive, 7:0:1
(Rivera Absent), A-2020-218
6. Sara Camm-Turrietta and Tracie Turrietta, 2020-07, 2447 N. Heliotrope Drive,
8:0, A-2020-219
7. Camron E. and Phyllis A. Bussard, 2020-08, 1015 W. River Lane, 8:0, A-2020-
220
8. Valerie J. Boulter, 2020-12, 920 N. Louise Street, 7:0:1 (Rivera Absent), A-2020-
221
9. Timothy J. and Jeanice S. Barker, 2020-13, 1805 N. Louise Street, 8:0, A-2020-
222
10. Elliot and Carol Y. Cossaboom, 2020-14, 2606 N. Flower Street, 7:0:1 (Rivera
Absent), A-2020-223
11. Richard S. Frankenstein, 2020-15, 2109 N. Rosewood Avenue, 7:0:1 (Rivera
Absent), A-2020-224
12. Ryan and Amy Bruce, 2020-16, 2214 N. Heliotrope Drive, 7:0:1 (Rivera Absent),
A-2020-225
13. 888 Tower Apartments, LLC, 2020-17, 888 N. Main Street, 7:0:1 (Rivera Absent),
A-2020-226
Councilmember Sarmiento abstained from Item 25C, subsection 8, due to a conflict
of interest in real property.
25D. APPROVE AGREEMENT WITH ENLIGHTENED PICTURES FOR THE
DEVELOPMENT OF PLANNING INFORMATIONAL VIDEOS FOR A TOTAL
NOT TO EXCEED $82,250 (NON-GENERAL FUND) - Planning and Building
Agency
MOTION: Authorize the City Manager to execute an agreement with Enlightened
Pictures, Inc. for one year, ending November 16, 2021, in the amount not to
exceed $82,250 for the development of planning informational videos, subject to
non-substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-227 was approved.
25E. AWARD A CONTRACT TO WEST COAST ARBORIST, INC., FOR TREE
MAINTENANCE SERVICES FOR AN EIGHTEEN MONTH TERM IN THE
AMOUNT OF $3,028,650 WITH SIX ONE YEAR EXTENSIONS IN AN ANNUAL
AMOUNT OF $2,019,100 FOR A TOTAL AMOUNT NOT TO EXCEED
$15,143,250, FOR UP TO A SEVEN-AND-A- HALF-YEAR TERM (GENERAL
FUND) – Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with West Coast
Arborist, Inc. for tree maintenance services for an initial 18-month term beginning
July 1, 2021, and expiring December 31, 2022, in an amount of $3,028,650, with
provisions for six one-year extensions in an annual amount of $2,019,100,
CITY COUNCIL MINUTES 15 NOVEMBER 17, 2020
exercisable by the City Manager, for a total amount not to exceed $15,143,250 for
the seven-and-a-half-year maximum term, subject to non-substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-228 was approved.
25F. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SWAYZER
CORPORATION FOR LANDSCAPE SERVICES AT THE SANTA ANA
REGIONAL TRANSPORTATION CENTER IN THE AMOUNT OF $103,000,
FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $228,000 FOR THE
REMAINING TERM OF THE AGREEMENT (NON-GENERAL FUND) – Public
Works Agency
MOTION: Authorize the City Manager to execute an amendment to the
agreement with Swayzer Corporation to include landscape renovation services at
the Santa Ana Regional Transportation Center in the amount of $103,000, which
includes $88,950 for services, plus a contingency of $14,050, with a total
agreement amount not to exceed $228,000 for the remaining term of the
agreement, which began August 20, 2019 and expires August 19, 2022, subject to
non-substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-229 was approved.
25G. APPROVE AGREEMENTS WITH ON-CALL CONSULTANTS TO PROVIDE
SPACE PLANNING AND ARCHITECTURAL SERVICES ON AN AS-NEEDED
BASIS IN A SHARED ANNUAL AMOUNT NOT TO EXCEED $300,000 FOR UP
TO A FIVE YEAR TERM (GENERAL FUND AND NON-GENERAL FUND) –
Public Works Agency
MOTION: Authorize the City Manager to execute agreements with the IDS Group,
Westgroup Designs, Inc., Gensler, Corgan, Inc., SVA Architects Inc., Black,
O’Dowd and Associates Inc., Gruen Associates, Gillis & Panichapan Architects
Inc., CAP Architecture, Inc., and Ware Malcomb to provide on-call space planning
and architectural services for the three-year period beginning November 17, 2020,
and ending on November 16, 2023, with a provision for two one-year extensions,
in a total shared amount not to exceed $300,000 annually, subject to non-
substantive changes as approved by the City Manager and City Attorney
(Agreement Nos. A-2020-XXX, A-2020-XXX, A-2020-XXX, A-2020-XXX, A-2020-
XXX, A-2020-XXX, A-2020-XXX, A-2020-XXX, A-2020-XXX and A-2020-XXX).
This consent Item - Agreement No. 2020-230 was approved.
25H. AWARD AGREEMENT TO AQUA-METRIC SALES COMPANY IN THE
AMOUNT OF $29,683,230 FOR THE IMPLEMENTATION OF THE
AUTOMATED METERING INFRASTRUCTURE PROJECT; APPROVE
CITY COUNCIL MINUTES 16 NOVEMBER 17, 2020
SOFTWARE AS A SERVICE AND SPECTRUM LEASE AGREEMENT WITH
SENSUS USA, INC.; AWARD A HOSTING SERVICES AGREEMENT IN THE
AMOUNT OF $12,720 AND A SOFTWARE LICENSE AND SERVICES
AGREEMENT IN THE AMOUNT OF $153,588 TO SMARTWORKS FOR A
METER DATA MANAGEMENT SYSTEM; AND AWARD AN ANNUAL
SUPPORT SERVICES AGREEMENT TO AQUA-METRIC SALES COMPANY IN
AN AMOUNT NOT TO EXCEED $84,996 ANNUALLY (NON-GENERAL FUND) -
Public Works Agency
1. Authorize the City Manager to execute an agreement with Aqua-Metric Sales
Company for the installation and management of the Automated Metering
Infrastructure project, for a total aggregate amount not to exceed $29,683,230
including contingency, for a term beginning upon execution of the agreement
and ending upon project completion, 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 Software as a Service and Spectrum
Lease Agreement with Sensus USA, Inc. for usage rights to transmit meter-
related data on Sensus’ spectrum, for a five-year term beginning upon the
execution of the agreement, with the option to renew for an additional five-
year term, subject to non-substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-XXX).
3. Authorize the City Manager to execute a Hosting Services Agreement with
SmartWorks for data hosting related to a Meter Data Management System for
a one-year term beginning on November 17, 2020 and ending on November
16, 2021 with annual renewal options, in the amount of $12,720 for the initial
term, increasing by approximately 4% each year thereafter, for an annual
amount not to exceed $14,881, subject to non-substantive changes approved
by the City Manager and City Attorney (Agreement No. A-2020-XXX).
4. Authorize the City Manager to execute a Software License and Services
Agreement with SmartWorks for a Meter Data Management System for a
one-year term beginning on November 17, 2020 and ending on November 16,
2021 with annual renewal options, in the amount of $153,588, which includes
a one-time license fee of $122,870 and an annual maintenance and support
fee of $30,718, with the maintenance and support fee increasing by
approximately 4% at each renewal, in an annual amount not to exceed
$35,936, subject to non-substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-XXX).
5. Authorize the City Manager to execute the Annual Support Services
Agreement for hosting services, maintenance and extended warranties with
Aqua-Metric Sales Company for a one-year term beginning November 17,
2020 and ending on November 16, 2021 with annual renewal options, in an
CITY COUNCIL MINUTES 17 NOVEMBER 17, 2020
amount not to exceed $77,853 annually for the initial term and first renewal,
increasing by approximately 3% each year thereafter, for an annual amount
not to exceed $84,996, subject to non-substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2020-XXX).
6. Direct staff to pursue financing options for project costs.
This consent Item - Agreement Nos. 2020-231, 2020-232, 2020-233, 2020-234, 2020-
235 were approved.
25I. APPROVE AGREEMENT WITH DISCOVERY SCIENCE CENTER OF
ORANGE COUNTY FOR PUBLIC EDUCATION SERVICES IN AN AMOUNT
NOT TO EXCEED $675,000 FOR A MAXIMUM TERM OF FIVE YEARS (NON-
GENERAL FUND) - Public Works Agency
MOTION: Authorize the City Manager to execute an agreement with Discovery
Science Center of Orange County for public education services for a three-year
period beginning January 1, 2021, and expiring December 31, 2023, in an annual
amount not to exceed $135,000 for three years, with the option to renew for up to
two 1-year periods, for a total agreement amount not to exceed $675,000, subject
to non-substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-236 was approved.
RESOLUTIONS - Consent
55A. RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 2019-099,
UPHOLDING PLANNING COMMISSION'S ADOPTION OF RESOLUTION NOS.
2019-35, 2019-36, 2019-37; RESCINDING THE CITY'S CALIFORNIA
ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING
NULL AND VOID PLANNING COMMISSION RESOLUTION NOS. 2019-35,
2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301
AND 325 N. TUSTIN AVENUE - City Attorney's Office Continued from the
September 15, October 6 and October 20, 2020 City Council Meetings.
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING CITY
COUNCIL RESOLUTION NO. 2019-099, UPHOLDING PLANNING
COMMISSION'S ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36, 2019-
37; RESCINDING THE CITY'S CALIFORNIA ENVIRONMENTAL QUALITY ACT-
RELATED FINDINGS; AND DECLARING NULL AND VOID PLANNING
COMMISSION'S RESOLUTION NOS. 2019-35, 2019-36, AND 2019-37
PERTAINING TO THE PROPERTY LOCATED AT 301 AND 325 N. TUSTIN
AVENUE
CITY COUNCIL MINUTES 18 NOVEMBER 17, 2020
Motion to Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING CITY COUNCIL
RESOLUTION NO. 2019-099, UPHOLDING PLANNING COMMISSION'S ADOPTION
OF RESOLUTION NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY'S
CALIFORNIA ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND
DECLARING NULL AND VOID PLANNING COMMISSION'S RESOLUTION NOS.
2019-35, 2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT
301 AND 325 N. TUSTIN AVENUE moved by Mayor Pro Tem Villegas seconded by
Mayor Pulido.
Substitute motion to continue a future meeting date uncertain. Moved by
Councilmember Penaloza seconded by Councilmember Bacerra.
Councilmember Penaloza motioned to continue, seconded by Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Penaloza
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (5)
NOES: Mayor Pro Tem Villegas, Mayor Pulido (2)
ABSTAIN: None (0)
ABSENT: None (0)
55B. ADOPT A RESOLUTION AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT – Human
Resources Department
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION
NO. 2015-026 AMENDING, REESTABLISHING AND DELINEATING THE BASIC
CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF
EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE
MANAGEMENT (EM)
This consent Item - Resolution No. 2020-082 was approved.
55C. ADOPT A RESOLUTION APPROVING THE COST RECOVERY POLICY FOR
THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY - Parks,
Recreation and Community Services Agency
CITY COUNCIL MINUTES 19 NOVEMBER 17, 2020
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A COST
RECOVERY POLICY FOR THE PARKS, RECREATION AND COMMUNITY
SERVICES AGENCY
Motion to Adopt Resolution No. 2020-083 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING A COST RECOVERY POLICY
FOR THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY moved by
Councilmember Sarmiento seconded by Councilmember Bacerra.
Councilmember Sarmiento motioned to adopt, seconded by Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Sarmiento
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55D. ADOPT RESOLUTIONS AUTHORIZING GRANT FUNDING REQUESTS
UNDER THE FISCAL YEAR 2021-2022 MEASURE M2 COMPREHENSIVE
TRANSPORTATION FUNDING PROGRAM IN THE AMOUNT OF $18,691,700 -
Public Works Agency
1. Adopt resolutions.
a. Resolution No. 2020-XXX - 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 (Arterial Capacity
Enhancement)
b. Resolution No. 2020-XXX - 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
CITY COUNCIL MINUTES 20 NOVEMBER 17, 2020
COMPREHENSIVE TRANSPORTATION PROGRAM (Intersection
Capacity Enhancement)
c. Resolution No. 2020-XXX - 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
2. Direct staff to incorporate the new Comprehensive Transportation Funding
Program projects into the Seven-Year Capital Improvement Program for
Fiscal Year 2021-22.
This consent item Resolution Nos. 2020-084, 2020-085, 2020-086 were approved.
END OF CONSENT CALENDAR
BUSINESS CALENDAR
ADMINISTRATIVE MATTERS - BUSINESS
60A. ADOPT RESOLUTION DENOUNCING THE ATTACKS ON ARTSAKH BY
AZERBAIJAN, DEMANDING A CESSATION OF ALL AZERI HOSTILE ACTION,
AFFIRMING THE RIGHTS OF ALL CITIZENS IN ARTSAKH, SUPPORTING
THE RIGHT TO SELF-DETERMINATION AND INDEPENDENCE OF
ARTASKH, AND URGING THE PRESIDENT AND CONGRESS TO DO THE
SAME – Council Item
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA DENOUNCING THE
ATTACKS ON ARTSAKH BY AZERBAIJAN
Motion to Adopt Resolution No. 2020-087 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DENOUNCING THE ATTACKS ON
ARTSAKH BY AZERBAIJAN 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: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
CITY COUNCIL MINUTES 21 NOVEMBER 17, 2020
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
60B. ORDINANCE FIRST READING: ADOPT ORDINANCE RELATING TO THE
PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE
PARTS ON PUBLIC PROPERTY – City Manager’s Office and City Attorney’s
Office
MOTION: Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING
ARTICLE XIII TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE
(CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS)
PROHIBITING REPAIR AND SALES OF BICYCLES AND BICYCLE PARTS ON
PUBLIC PROPERTY
Management Assistant Daniel Soto provided a brief presentation.
Motion to Approve as Amended Subject to modification of clarification in
Section 10-802.B. of the ordinance. Place ordinance on first reading and authorize
publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XIII TO CHAPTER 10 OF THE SANTA ANA
MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT
PROVISIONS) PROHIBITING REPAIR AND SALES OF BICYCLES AND BICYCLE
PARTS ON PUBLIC PROPERTY moved by Councilmember Bacerra seconded by
Councilmember Penaloza.
Councilmember Sarmiento directed City staff to address his concern with the broad
language in resolution.
Councilmember Bacerra motioned to approve as amended, seconded by Councilmember
Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
CITY COUNCIL MINUTES 22 NOVEMBER 17, 2020
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A. PUBLIC HEARING – ENVIRONMENTAL REVIEW NO. 2019-85 FOR DENSITY
BONUS AGREEMENT APPLICATION NO. 2020-01, SITE PLAN REVIEW NO.
2020-01, SITE PLAN REVIEW NO. 2020-02, AND DISPOSITION AND
DEVELOPMENT AGREEMENT WITH CARIBOU INDUSTRIES FOR THE 3rd
AND BROADWAY DEVELOPMENT AT 201 WEST 3rd STREET (PROPERTY
OWNER: CITY OF SANTA ANA AND APPLICANT: CARIBOU INDUSTRIES,
INC.) – Community Development Agency and Planning and Building
Agency Legal Notice published in the Orange County Register on October 6
and October 13, 2020 and notices were mailed on October 9, 2020. Continued
from the October 20, 200 City Council meeting by a vote of 6-0 (Sarmiento
recused).
MOTION: Adopt resolutions.
1. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM
TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT
ZONING CODE PROJECT (SCH NO. 2006071100) FOR SITE PLAN
REVIEW NO. 2020-01, SITE PLAN REVIEW NO. 2020-02, DENSITY
BONUS AGREEMENT NO. 2020-01 AND DISPOSITION AND
DEVELOPMENT AGREEMENT AND ADOPTION OF A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE THIRD AND
BROADWAY MIXED-USE PROJECT LOCATED AT 201 WEST THIRD
STREET
2. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2020-01, SITE PLAN REVIEW NO. 2020-01, AND SITE PLAN REVIEW
NO. 2020-02 AS CONDITIONED FOR A NEW MIXED-USE AND HOTEL
DEVELOPMENT LOCATED AT 201 WEST THIRD STREET
3. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND CARIBOU INDUSTRIES, INC. FOR THE PROPERTY GENERALLY
CITY COUNCIL MINUTES 23 NOVEMBER 17, 2020
LOCATED AT 201 WEST 3RD STREET, SANTA ANA, CALIFORNIA (APN
398-264-13)
Councilmember Sarmiento abstained due to an economic conflict (real property).
Acting Assistant City Manager Steven Mendoza and Executive Director of
Planning and Building Agency Minh Thai provided a brief presentation.
Lorena Palacios expressed opposition to Item 75A prior to Consent Calendar
consideration.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Mayor Pulido opened the public hearing at 8:28 p.m.
PUBLIC COMMENT
Clerk of the Council, Daisy Gomez, reported out on correspondence received for
Item 75A.
Austin Lynch, Organizing Director with Local 11, urged council to hold onto City's
public land.
An unidentified speaker expressed concern with the project.
Theo Moreno expressed concern with lack of parking.
Vic Mendez expressed concern with development regarding investment, lack of
affordable housing, density, traffic, and impact on community.
Ernesto Medrano with Council Representative for the Los Angeles/Orange
Counties Building Trades Council spoke in support of Item 75A and noted the
many benefits the project will provide.
Luis Andres Perez, representative for UA Local 582 Plumbers and Steamfitters,
spoke regarding support of Item 75A.
Hilda Ortiz, on behalf of Latino Health Access, spoke regarding opposition to Item
75A and urged council to oppose item.
John Hanna with the Southwest Regional Council of Carpenters, spoke regarding
support of Item 75A and the public benefit the project will provide, and urges
Council to support it.
An unidentified speaker, with Helmets to Hardhats, spoke regarding support of
Item 75A.
CITY COUNCIL MINUTES 24 NOVEMBER 17, 2020
Alfonso Ruiz, member of the Local 5 Insulators Union, spoke regarding support of
Item 75A, and thanked Veterans for their service and sacrifice.
Ray Baca, Executive Director with Engineering Contractors Association, spoke in
support of the 3rd and Broadway project.
Bill Teramena spoke regarding upport of Item 75A and noted the project is a
magnet that will bring many jobs, improve the area and attract investors.
Roy Garcia spoke in support of Item 75A.
Diane Fradkin spoke in support of development however, expressed concern
regarding height and architecture of the structure, lack of consideration of historic
value of downtown Santa Ana, lack of open space, would like to see more adaptive
reuse and convert office space into affordable housing and various topics.
Brian G. with the Sheet Metal Workers Local 105 spoke regarding support of Item
75A and urges council to support the project.
Katarina Burch with Unite Here Local 11 Hospitality Workers Union spoke
regarding opposition to the sale of public land and urged council to vote no on Item
75A.
Jonah Breslau with Los Angeles Alliance for a New Economy (LAANE) spoke
regarding public land, urges council to advocate for all benefits that can be gain
and vote no on Item 75A.
Paul Moreno with Iron Workers Local 433 and in partnership with Santa Ana
College Welding Department spoke in support of Item 75A and the careers that
avail students.
Jordan Sisson, a CEQA Land Use Attorney, speaking on behalf of Local 11 spoke
regarding concerns of improper density calculations, noted inconsistency based
on the City's General Plan regarding mixed used projects, lack of affordable units
and urges council to continue the matter.
Lorena Palacios, 17 year resident and hotel worker, spoke in opposition to Item
75A, expressed concern with the housing crisis and urges council to vote no.
Ada Tamayo Jones with Unite Here Local 11 urges council to vote no on Item 75A
and spoke regarding the lack of community benefit.
Carla Juarez spoke in opposition to Item 75A, affordable housing, and public
benefit.
CITY COUNCIL MINUTES 25 NOVEMBER 17, 2020
Maria Rodriguez spoke regarding housing crisis, public land and in opposition of
public land used for hotel chains.
Reyna Gonzalez spoke regarding housing crises, sale of public land, use of open
space and community benefit.
Hearing no other comments, Mayor Pulido closed the public hearing at 9:27 p.m.
Motion to Adopt resolutions.
1. Resolution No. 2020-088 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE
ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT
(SCH NO. 2006071100) FOR SITE PLAN REVIEW NO. 2020-01, SITE PLAN REVIEW
NO. 2020-02, DENSITY BONUS AGREEMENT NO. 2020-01 AND DISPOSITION AND
DEVELOPMENT AGREEMENT AND ADOPTION OF A MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE THIRD AND BROADWAY MIXED-USE
PROJECT LOCATED AT 201 WEST THIRD STREET
2. Resolution No. 2020-089 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2020-01, SITE
PLAN REVIEW NO. 2020-01, AND SITE PLAN REVIEW NO. 2020-02 AS
CONDITIONED FOR A NEW MIXED-USE AND HOTEL DEVELOPMENT LOCATED
AT 201 WEST THIRD STREET
3. Resolution No. 2020-090 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND CARIBOU INDUSTRIES, INC. FOR THE
PROPERTY GENERALLY LOCATED AT 201 WEST 3RD STREET, SANTA ANA,
CALIFORNIA (APN 398-264-13) moved by Mayor Pulido seconded by Mayor Pro Tem
Villegas.
Mayor Pulido motioned to adopt, seconded by Mayor Pro Tem Villegas.
MOTION: Mayor SECOND: Mayor Pro Tem Villegas
Pulido
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Solorio, Mayor Pro
Tem Villegas, Mayor Pulido (5)
NOES: Councilmember Penaloza (1)
ABSTAIN: Councilmember Sarmiento (1)
ABSENT: None (0)
CITY COUNCIL MINUTES 26 NOVEMBER 17, 2020
75B. PUBLIC HEARING - REGARDING THE PROPOSED FORMATION OF THE
SANTA ANA TOURISM MARKETING DISTRICT - Community Development
Agency Legal Notice published in the Orange County Reporter on September
25, October 2 and October 9, 2020 and notices were mailed on September 19,
2020.
1. Conduct a public hearing to consider all protests regarding the intention to
levy an assessment regarding the proposed formation of the Santa Ana
Tourism Marketing District.
2. Review any written protests filed prior to the close of the public hearing and
determine whether they constitute a majority protest.
3. If the City Council determines that no valid majority protest was lodged, adopt
a resolution confirming the establishment of the Santa Ana Tourism Marketing
District. Adopt resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING RESULTS
OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE
SANTA ANA TOURISM MARKETING DISTRICT (“SATMD”)
Mayor Pulido opened the public hearing at 9:37 p.m.
Clerk of the Council, Daisy Gomez, reported out on protest received for Item 75B.
City Manager Kristine Ridge provided a brief presentation.
Jonathan Mayor represents Main Place Mall, Chamber of Commerce Board
of Directors and Co-Chair of the Economic Development Council for Santa
Ana, spoke in support of Item 75B.
Dave Elliot, president of Chamber of Commerce, spoke in support of Item 75B.
Mayor Pulido closed the public hearing at 9:42 p.m.
Motion to Adopt 1. Conduct a public hearing to consider all protests regarding the
intention to levy an assessment regarding the proposed formation of the Santa Ana
Tourism Marketing District.
2. Review any written protests filed prior to the close of the public hearing and
determine whether they constitute a majority protest.
3. If the City Council determines that no valid majority protest was lodged, adopt a
resolution confirming the establishment of the Santa Ana Tourism Marketing District.
Adopt resolution. Resolution No. 2020-091- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING RESULTS OF MAJORITY
PROTEST PROCEEDINGS AND ESTABLISHING THE SANTA ANA TOURISM
CITY COUNCIL MINUTES 27 NOVEMBER 17, 2020
MARKETING DISTRICT (“SATMD”) moved by Councilmember Bacerra seconded by
Mayor Pro Tem Villegas.
Councilmember Bacerra motioned to adopt, seconded by Mayor Pro Tem Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tem Villegas
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RECESSED THE COUNCIL MEETING AND CONVENED TO THE HOUSING
AUTHORITY MEETING AT 9:44 P.M.
JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. JOINT SESSION HOUSING AUTHORITY - APPROVE A CONDITIONAL
GRANT AGREEMENT, 99-YEAR GROUND LEASES, AND AFFORDABILITY
AND MAINTENANCE RESTRICTIONS WITH HABITAT FOR HUMANITY OF
ORANGE COUNTY FOR THE DEVELOPMENT OF THE LACY STREET
PROJECT (NON-GENERAL FUND) – Community Development Agency
CITY COUNCIL ACTION
MOTION: Authorize the City Manager to execute a Conditional Grant Agreement
(instead of a loan agreement as originally approved) with Habitat for Humanity of
Orange County for $231,494 in Inclusionary Housing Funds for the development
of the Lacy Street affordable housing project located at 826 N Lacy Street (APN
398-041-22) and 416 Vance Street (APN 398-041-22), subject to non-substantive
changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
HOUSING AUTHORITY ACTION
CITY COUNCIL MINUTES 28 NOVEMBER 17, 2020
1. Authorize the Executive Director of the Housing Authority to execute two
Affordability and Maintenance Restrictions Agreements for the development of
the Lacy Street affordable housing project located at 826 N Lacy Street (APN
398-041-22) and 416 Vance Street (APN 398-041-22), only differentiated by the
address, subject to non-substantive changes approved by the Executive Director
of the Housing Authority and Authority General Counsel.
2. Authorize the Executive Director of the Housing Authority to execute two 99-year
Ground Leases for the development of the Lacy Street affordable housing project
located at 826 N Lacy Street (APN 398-041-22) and 416 Vance Street (APN 398-
041-22), only differentiated by the address, subject to non-substantive changes
approved by the Executive Director of the Housing Authority and Authority
General Counsel.
Motion to Approve:
CITY COUNCIL ACTION:
Authorize the City Manager to execute a Conditional Grant Agreement (instead of a
loan agreement as originally approved) with Habitat for Humanity of Orange County for
$231,494 in Inclusionary Housing Funds for the development of the Lacy Street
affordable housing project located at 826 N Lacy Street (APN 398-041-22) and 416
Vance Street (APN 398-041-22), subject to non-substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2020-264).
HOUSING AUTHORITY ACTION:
1. Authorize the Executive Director of the Housing Authority to execute two Affordability
and Maintenance Restrictions Agreements for the development of the Lacy Street
affordable housing project located at 826 N Lacy Street (APN 398-041-22) and 416
Vance Street (APN 398-041-22), only differentiated by the address, subject to non-
substantive changes approved by the Executive Director of the Housing Authority and
Authority General Counsel.
2. Authorize the Executive Director of the Housing Authority to execute two 99-year
Ground Leases for the development of the Lacy Street affordable housing project
located at 826 N Lacy Street (APN 398-041-22) and 416 Vance Street (APN 398-041-
22), only differentiated by the address, subject to non-substantive changes approved by
the Executive Director of the Housing Authority and Authority General Counsel. moved
by Councilmember Sarmiento seconded by Mayor Pro Tem Villegas.
Councilmember Sarmiento motioned to adopt, seconded by Mayor Pro Tem Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tem Villegas
Sarmiento
CITY COUNCIL MINUTES 29 NOVEMBER 17, 2020
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tem Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
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.
RECESSED THE HOUSING AUTHORITY MEETING AND RECONVENED TO THE
REGULAR OPEN MEETING AT 9:46 P.M.
85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF
TO EXPLORE OPTIONS FOR TRANSITIONING FROM CONTRACT CITY
ATTORNEY POSITION TO DIRECT HIRE CITY ATTORNEY POSITION –
Councilmember Mendoza
Clerk of the Council, Daisy Gomez, reported out on correspondence received for
Item 85A.
Councilmember Mendoza made a brief statement and withdrew item from
council consideration.
COMMENTS
90A. CITY MANAGER’S COMMENTS
City Manager Kristine Ridge provided COVID-19 and CARES updates, encouraged
residents to visit the state's website, COVID19.ca.gov, to obtain current modifications in
place, practice preventative measures, and noted that there is a travel advisory to
encourage all to stay at home.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Bacerra, thanked city staff for COVID updates, requested COVID and
panhandling enforcement, thanked Veterans for their service, wished all a Happy
CITY COUNCIL MINUTES 30 NOVEMBER 17, 2020
Thanksgiving, and encouraged all to practice safe measures and celebrate responsibly
to reduce the spread of COVID.
Councilmember Mendoza updated Council on a past Orange County Sanitation District
(OCSD) meeting and projects: Headwork Rehabilitation Project at Plant No. 1, Food
Waste Facility Project, and new OCSD building. Noted OCSD provides virtual tours that
serve the Orange County Community at www.OCSD.Com/tours. Gave thanks to all
veterans for their service and thanked staff for their hard work.
Councilmember Penaloza wished all a Happy Thanksgiving, encouraged all to practice
safe measures, encouraged all to purchase Thanksgiving dinner locally to support our
small businesses, and thanked staff.
Councilmember Sarmiento spoke regarding COVID updates and encouraged all to
practice a safe Thanksgiving. Noted more than 50% of our residents voted in the
democratic process and thanked the Registrar of Voters office and all who made it a safe
process. Provided a water district update regarding contaminated wells that have been
closed down for treatment. Requested Council meeting be adjourned in memory of Fabio
Peña and Vernon Napier.
Councilmember Solorio congratulated Mayor-Elect Sarmiento, spoke regarding CARES
Funding and continued advertisement of Rental Assistance and Utility Assistance
programs, wished all a Happy Thanksgiving.
Mayor Pro Tem Villegas thanked all for participating in tonight’s Council meeting, clarified
vote and his position on Item 55A.
Mayor Pulido spoke regarding Item 55A, congratulated Mayor-Elect Sarmiento, COVID
updates, Item 75A, and announced adjournment in Memory of Fabio Peña and Vernon
Napier.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
December 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.
Mayor Pulido adjourned the Council meeting at 10:19 p.m.
Adjourned in Memory of Fabio Peña and Vernon Napier.
CITY COUNCIL MINUTES 31 NOVEMBER 17, 2020