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HomeMy WebLinkAbout10A - MINUTES 1-15-19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 15, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:15 p.m.) JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA ROMAN REYNA VICENTE SARMIENTO JOSE SOLORIO (5:17 p.m.) COUNCILMEMBERS Absent: NONE STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — NONE COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:11 P.M. 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: City of Santa Ana v. R & S Properties, LLC et al. Orange County Superior Court Case No. 30-2017-00938753-CU-EI-CXC CITY COUNCIL MINUTES 10A-1 JANUARY 15, 2019 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham; Finance Management Services Agency Executive Director, Kathryn Downs; and Peter Brown, Liebert Cassidy. Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Part-time Civil Service Employees 3. PUBLIC EMPLOYEE EMPLOYMENT / EVALUATION OF PERFORMANCE/DISCIPLINE OR DISMISSAL / RELEASE / APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: A) Title: City Manager. B) Title: Acting/Interim City Manager 4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957 (b)(1) of the Government Code: Title: Acting/Interim Clerk of the Council CLOSED SESSION REPORT - See Agenda Item 19A for reportable action. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION AT 7:16 P.M. CITY COUNCIL MINUTES 2 JANUARY 15, 2019 10A-2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:17 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: ROMAN REYNA (7:16 P.M.) STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CURTIS SMITH, POLICE CHAPLAIN • CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing the winners of the 2018 Register and Vote Campaign. • CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Iliminando Sonrisas for their completion of the professional cosmetics workshop series. CLOSED SESSION REPORT — Refer to Agenda Item 19A for reportable action. PUBLIC COMMENTS (Agendized Items) — None. CITY COUNCIL MINUTES 3 JANUARY 15, 2019 10A-3 CONSENT CALENDAR ITEMS MOTION. Approve staff recommendations on the following Consent Calendar items10A through 32A, with the following modifications: Mayor Pulido pulled Agenda Item 19C for separate discussion. Councilmember Iglesias pulled Agenda Items 20A, 20C, 25D, and 25J for separate discussion; and Councilmember Sarmiento requested 55C to be taken out of order before vote on the balance of the Consent Calendar Items. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Iglesias, Penaloza, Villegas (6) None (0) None (0) Reyna (1) Pulido, Sarmiento, Solorio, AGENDA ITEM 55C CONSIDERED OUT OF ORDER BEFORE VOTE ON THE BALANCE OF THE CONSENT CALENDAR 55C. ADOPT RESOLUTION OF THE CITY COUNCIL URGING PRESIDENT TRUMP TO CEASE EFFORTS TO REINTERPRET OR RENEGOTIATE THE 2008 UNITED STATES -VIETNAM REPATRIATION AGREEMENT IN ORDER TO DEPORT VIETNAMESE IMMIGRANTS WHO HAVE LIVED IN THE UNITED STATES FOR DECADES {STRATEGIC PLAN NO. 5) — City Manager's Office The following spoke on the matter: Ken Nguyen, opposed to the current administration's attempts to renegotiate the 2008 United States -Vietnam Repatriation agreement. Urged City Council to support item. Councilmember Sarmiento, supportive of Resolution to keep the 2008 United States -Vietnam Repatriation agreement intact and to continue support towards the Vietnamese community. MOTION. Adopt a resolution. RESOLUTION NO 2019-001 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING PRESIDENT TRUMP TO CEASE EFFORTS CITY COUNCIL MINUTES 4 JANUARY 15, 2019 10A-4 TO REINTERPRET OR RENEGOTIATE THE 2008 UNITED STATES - VIETNAM REPATRIATION AGREEMENT IN ORDER TO DEPORT VIETNAMESE IMMIGRANTS WHO HAVE LIVED IN THE UNITED STATES FOR DECADES MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: i.i� Ifinili t SECOND: Iglesias Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Reyna (1) SECOND: Villegas Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Reyna (1) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 JANUARY 15, 2019 10A-5 108. MINUTES FROM THE REGULAR MEETING OF DECEMBER 18, 2018 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. 10C. MINUTES FROM THE SPECIAL MEETING OF JANUARY 4, 2019 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT ANGIE RIVERA TO THE PERSONNEL BOARD FOR A FULL-TERM EXPIRING DECEMBER 13, 2022 AS THE WARD 2 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Nominate Angie Rivera for an appointment to the Personnel Board as the Ward 2 representative (replaces P. Gonzales). 13B. APPOINT JENNIFER OLIVA TO THE ARTS AND CULTURE COMMISSION FOR A FULL-TERM EXPIRING DECEMBER 13, 2022 AS THE WARD 2 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Nominate Jennifer Oliva for an appointment to the Arts and Culture Commission as the Ward 2 representative (replaces M. Rubio). 13C. APPOINT CECILIA AGUINAGA TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMSSION FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 AS THE WARD 3 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Cecilia Aguinaga for an appointment to the Community Redevelopment and Housing Commission as the Ward 3 representative (replaces M. Tardif). 13D. APPOINT LUIS ALEMAN TO THE BOARD OF RECREATION AND PARKS FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 AS THE WARD 3 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Luis Aleman for an appointment to the Board of Recreation and Parks as the Ward 3 representative (replaces C. Aguinaga). CITY COUNCIL MINUTES 6 1OA-6 JANUARY 15, 2019 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCES — NONE 19C. AUTHORIZATION TO NEGOTIATE AN EXCLUSIVE 'NEGOTIATING AGREEMENT WITH CARIBOU INDUSTRIES FOR RENOVATION AND, REUSE OF THE YMCA PROPERTY LOCATED AT 203-205 W. CIVIC' CENTER DRIVE {STRATEGIC PLAN NO. 3, 5A} - Community Development Agency Continued from the November 20, 2018 City Council meeting by a vote of 6-1 (Benavides dissented) and December 18, 2018 City Council meeting by a vote of 7-0. Mayor Pulido motioned to continue consideration of matter 30 days. Seconded by Councilmember Sarmiento. Councilmember Solorio, requested presentation from applicant. Expressed concern over lack of progress. Mike Harrah, President of Caribou Industries, provided City Council with status update and project update. Councilmember Penaloza, supportive of staff direction and expressed need to move forward with agreement. Councilmember Iglesias, echoed statements made by Councilmember Penaloza. Supportive of item. MOTION: Continue consideration of matter 30 days. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN ABSENT: *Motion failed 3-3. 1iW0161FK1#1IJ4UT MUM SECOND: Sarmiento Pulido, Sarmiento, Villegas (3) Iglesias, Penaloza, Solorio (3) None (0) Reyna (1) d 10A-7 JANUARY 15, 2019 Councilmernber Sarmiento requested a substitute motion to include direction to City Manager in the original staff recommendation. SUBSTITUTE MOTION: Authorize the City Manager to negotiate an Exclusive Negotiating Agreement (ENA) for the reuse of the YMCA property with Caribou Industries, subject to non -substantive changes approved by the City Manager and City Attorney. Direct City Manager to host a meeting between Mike Harrah and representatives of the Orange County School of the Arts. MOTION: Pulido VOTE: AYES: NOES: /__T-3aZ1T SECOND: Sarmiento Iglesias, Penaloza, Solorio (3) Pulido, Sarmiento, Villegas (3) None (0) ABSENT: Reyna (1) "Motion failed 3-3. Mayor Pulido conveyed consideration of matter be rolled over for two weeks. 19D. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2018 {STRATEGIC PLAN NO. 5, 1) - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: httos://www.santa-ana org/cm/creating-our-future-strategic-planning-process . MOTION: Receive and file. Councilmember Sarmiento left the dais at 7:43 P.M. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS CITY COUNCIL MINUTES 10A-8 JANUARY 15, 2019 Councilmember Iglesias, requested overview of project. City Engineer, William Galvez, provided City Council with history of project and with item overview. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Marshall -Kelley LLC, a California corporation, for the sale of City -owned property located at 1301 and 1305 West 12th Street in the amount of $233,400, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-001). 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-040 - Recognizing revenue in the amount of $159,879 in the Select Street Construction Fund revenue account for fiscal year 2018-19 from the sale of City -owned property located at 1301 and 1305 West 12th Street and appropriating the same to the Orange County Transportation Authority (OCTA) Bristol Street Corridor Improvements expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $73,521 will be disbursed to OCTA. MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) 20B. APPROVE APPROPRIATION ADJUSTMENTS FOR FUNDING FROM THE HOUSING AND URBAN DEVELOPMENT VETERANS AFFAIRS SUPPORTIVE HOUSING (HUD-VASH) PROGRAM AND MAINSTREAM VOUCHER PROGRAM {STRATEGIC PLAN NOS. 4, 1; 5, 3) — Community Development Agency MOTION: Approve appropriation adjustments. (Requires five affirmative votes). 1. APPROPRIATION ADJUSTMENT NO. 2019-064 - Recognizing additional Housing and Urban Development Veterans Affairs Supportive Housing CITY COUNCIL MINUTES 9 JANUARY 15, 2019 10A-9 (HUD-VASH) Program funds in the amount of $2,183,924 in revenue account and appropriating the same amount to expenditure account. 2. APPROPRIATION ADJUSTMENT NO. 2019-064 - Recognizing additional Mainstream Housing Choice Voucher Program funds in the amount of $585,384 in revenue account and appropriating the same amount to expenditure account. Councilmember Iglesias, requested staff to present funding review. City Engineer, William Galvez, provided City Council with item overview. MOTION: Approve appropriation adjustments. (Requires five affirmative votes). 1. APPROPRIATION ADJUSTMENT NO. 2019-063 - Appropriating $600,000 from prior year fund balance in the Select Street Construction revenue account, and appropriating the same amount into the Select Street Construction expenditure account. 2. APPROPRIATION ADJUSTMENT NO, 2019-063 -Recognizing $272,000 in Transportation System Improvement Area F revenues, and appropriate the same amount into Transportation System Improvement Area F expenditure account. 3. Authorize the reallocation of $1,252,209 in unspent Fiscal Year 2015-16 Measure M2 Local Fairshare Funds from a completed project to the Bristol Street Improvements Project Phase 36 (Project No. 11-6740). MOTION: Solorio SECOND: Villegas VOTE: AYES: Penaloza, Pulido, Solorio, Villegas (4) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) *Motion failed 4-0 vote. Consideration of matter to be considered at the next regular council meeting. CITY COUNCIL MINUTES 10 JANUARY 15, 2019 10A-10 SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. CONTRACTS AWARD FOR TRAINING AND DUTY POLICE AMMUNITION (SPECIFICATION NO. 18-088) (STRATEGIC PLAN NO. 1, 5) - Finance and Management Services Agency and Police Department MOTION: Award contracts for the purchase of training and duty police ammunition for a three-year period expiring December 31, 2021, with provision for two one-year renewals exercisable by the City Manager. The total of all contracts will not exceed $126,346 per year, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Defense Arms Syndicate Bronx, NY Dooley Enterprises, Inc. Anaheim, CA Miwall Corporation Grass Valley, CA On Target Ammunition, LLC Grain Valley, MO San Diego Police Equipment San Diego, CA AGREEMENTS 25A. APPROVE AN AGREEMENT WITH GILBARCO INC. FOR GASBOY FUEL MANAGEMENT MAINTENANCE AND REPAIR SERVICES {STRATEGIC PLAN NO. 6, 2} — Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a five-year agreement with Gilbarco Inc. to provide maintenance and repair services for City's Gasboy fuel management system for the period of December 18, 2018 through December 31, 2023 for a total amount not to exceed $38,170, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-002). 25B. APPROVE LEGAL SERVICES AGREEMENT WITH HAIGHT BROWN & BONESTEEL, LLP, RELATED TO ADMINISTRATIVE AND LITIGATION MATTERS FOR GENERAL LIABILITY, PERSONNEL AND POLICE MATTERS {STRATEGIC PLAN NO. 1,3,4,5} - City Attorney's Office MOTION. Authorize the City Manager and Clerk of the Council to execute an on-call legal services agreement with the law firm of Haight Brown & Bonesteel, LLP, ("HBB") related to administrative and litigation matters concerning general liability, personnel and police matters for a three (3) year term ending on January 14, 2022, with an option to extend the term for up to one (1) year, in an amount not to exceed $250,000, including any CITY COUNCIL MINUTES 11 JANUARY 15, 2019 10A-11 extension period, subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2019-003). 25C. APPROVE AN AGREEMENT WITH MGT OF AMERICA, LLC FOR STATE MANDATED REIMBURSEMENT SERVICES {STRATEGIC PLAN NO. 4, 1) — Police Department 25D MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with MGT of America Consulting, LLC, for the period of January 15, 2019 through January 14, 2022 for SB90 State mandated cost -reimbursement claim services support in an amount not to exceed $34,200, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-004). Councilmember Iglesias, requested staff to present agreement review and scope. Deputy Chief Kenneth Gominski, presented overview of services and cost analysis. MOTION. Authorize the City Manager and Clerk of the Council to execute an initial three-year agreement with the University of California, Irvine (UCI) for the period of July 1, 2018 through June 30, 2021, to provide sexual assault victim examinations and evidence collection for the Police Department, in the amount of $61,200 (including a $3,900 contingency), subject to non -substantive changes approved by the City Manager and City Attorney. The agreement also Includes one (1) two-year renewal option exercisable in writing by the City Manager and the City Attorney, in the amount of $28,600 (including a $2,600 contingency). The total not to exceed agreement amount for the three-year base agreement and two- year renewal option, if exercised, will not exceed $89,800 (AGMT. No. 2019-005). MOTION: Iglesias VOTE: AYES: SECOND: Villegas Iglesias, Penaloza, Pulido, Solorio, Villegas (5) CITY COUNCIL MINUTES 12 JANUARY 15, 2019 1OA-12 NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) 25E. APPROVE AN AGREEMENT WITH CONCENTRA MEDICAL CENTER DOING BUSINESS AS OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA (CONCENTRA), A MEDICAL CORPORATION TO PROVIDE OCCUPATIONAL MEDICAL SERVICES {STRATEGIC PLAN NO. 7,5} — Human Resources Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Concentra Medical Center doing business as Occupational Health Centers of California (Concentra), a Medical Corporation, to provide a comprehensive medical services review program for a three-year period from February 1, 2019 until January 31, 2022, and with two (2) one-year optional renewals of $100,000 each additional year not to exceed $500,000 over a five (5) year period. Subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-006). 25F. AGREEMENT WITH KAPSCH TRAFFICCOM USA, INC. FOR SCADA SYSTEM MAINTENANCE [NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1 C} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council Manager to execute an agreement with Kapsch TrafficCom USA, Inc., to provide software support and maintenance for the City's water production facilities Supervisory Control and Data Acquisition System for a three- year period beginning January 15, 2019, and ending January 14, 2022, with provision for one two-year renewal exercisable by the City Manager, in an annual amount not to exceed $50,000 per year, subject to nonsubstantive changes approved by the City Manager and City Attorney, for a total amount not to exceed $250,000 (AGMT. No. 2019-007). 25G. APPROVE AGREEMENT WITH KOA FOR CONSULTING DESIGN ENGINEERING SERVICES FOR BUSH STREET BICYCLE BOULEVARD (PROJECT NO. 18-9002) {STRATEGIC PLAN NO. 6, 1G} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with KOA for a two-year term beginning January 15, 2019, and expiring on January 14, 2021, with two one-year renewal options CITY COUNCIL MINUTES 13 JANUARY 15, 2019 1OA-13 exercisable by the City Manager and the City Attorney, to provide consulting design engineering services for Bush Street Bicycle Boulevard Design, in the total amount not to exceed $142,984, which includes a 10 percent contingency in the amount of $12,999, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-008). 25H. APPROVE EXCHANGE OF REAL PROPERTY LOCATED AT 1217 N. BRISTOL STREET WITH SOUTHERN CALIFORNIA EDISON RELATED TO BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792, NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) — Public Works Agency Continued from the December 4, 2018 City Council meeting by a vote of 5-1 (Martinez dissented and Sarmiento absent). MOTION: Authorize the City Manager and Clerk of the Council to execute agreement for the Exchange of Real Property for the property commonly known as 1217 N. Bristol Street (APN 405-274-11) and goodwill (if any) with Southern California Edison Company, acquisition type - exchange, in the amount of $0, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-009). 251. APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITIONS LOCATED AT 2245 S. MAIN STREET, 402 E. WARNER AVENUE AND 2246 S. ORANGE AVENUE (APN 403-141-08, APN 016-035- 01 AND APN 403-142-17) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) — Public Works Agency MOTION. Authorize the City Manager and Clerk of the Council to execute Purchase Agreements for the real property full acquisition and goodwill (if any) with the property owners listed below, subject to non -substantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount Agmt. No. known as / location Type Tesoro Refining 2245 S. Main St. 1. and Marketing APN 403.141-08 ( ) Full $2,750,000 2019-010 Company LLC 2 Maria Josefa 402 E. Warner Ave. Full $490,000 2019-011 Pena (APN 016-035-01) 3. Delia Castillo 2246 S. Orange Ave. Full $468,000 2019-012 (APN 403.142-17) CITY COUNCIL MINUTES 14 JANUARY 15, 2019 1 OA -14 Total $3,708,000 25J. APPROVE SEVERANCE AGREEMENT WITH RAUL GODINEZ II — Human Resources Department Councilmember Iglesias, unsupportive of compensation amount. Requested staff to provide accounting of all severance amounts paid to City Managers in the past four years. Acting City Manager Mendoza, noted matter is a personnel matter and certain information may be confidential. MOTION: Approve the Severance Agreement and General Releases with Raul Godinez II and authorize the Mayor to execute the Agreement (AGMT. No. 2019-013). MOTION: Villegas SECOND: Pulido VOTE: AYES: Penaloza, Pulido, Solorio, Viilegas (4) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) TENTATIVE PARCEL/TRACT MAPS 32A. RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO. 2018-04 TO SUBDIVIDE A PROPOSED TOWNHOME DEVELOPMENT INTO EIGHT CONDOMINIUM UNITS AT 3417 AND 3425 WEST FIFTH STREET - DAVID DUONG, APPLICANT {STRATEGIC PLAN NOS. 3, 2) — Planning and Building Agency Planning Commission approved recommended action on December 10, 2018 by a vote of 5:0 (Alderete abstained). MOTION: Receive and file the staff report approving Tentative Tract Map No. 2018-04 as conditioned. **END OF CONSENT CALENDAR" CLERK OF THE COUNCIL ADMINISTERED OATH OF OFFICE LATER IN COUNCIL MEETING. CITY COUNCIL MINUTES 15 JANUARY 15, 2019 1OA-15 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION WITH THE STATE OF CALIFORNIA, CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR URBAN AREAS SECURITY INITIATIVE (UASI) FUNDING {STRATEGIC PLAN NO. 1.2, 6) — Police Department MOTION. 1. Adopt a resolution. RESOLUTION NO 2019-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2019 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for all grant related program and project activities, to include planning, organization, equipment, training, exercise, and management and administration costs, with the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area (AGMT. No. 2019-014). MOTION: Villegas SECOND: Pulido VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) 55B. APPROVE AN APPROPRIATION ADJUSTMENT RELATED TO MEASURE X ADOPT RESOLUTIONS TO AUTHORIZE EXECUTION OF AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF LOCAL VOTER APPROVED TRANSACTIONS AND USE TAX AND AUTHORIZE SECOND AMENDMENT TO AGREEMENT WITH MUNISERVICES, LLC FOR TRANSACTIONS AND CITY COUNCIL MINUTES 16 JANUARY 15, 2019 10A-16 USE TAX REPORTING, ANALYSIS AND RECOVERY SERVICES {STRATEGIC PLAN NO. 4, 3A) — Finance and Management Services Agency Council discussion ensued. Councilmember Solorio, supportive of item with option to make further revisions. Acting City Manager Mendoza, provided City Council with overview of oversight committee and noted potential to make further revisions as needed. Councilmember Iglesias, requested further description of committee composition. MOTION: 1. Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-065 - Recognizing Sales Tax revenue related to the passage of Measure X (Transactions and Use Tax) for fiscal year 2018-19 in the amount of $15,000,000.00 and appropriating the same amount to General Non -Departmental expenditure account(s). 2. Adopt a resolution. RESOLUTION NO 2019-003 - A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX 3. Authorize the City Manager and Clerk of the Council to execute an Agreement for Preparation to Administer and Operate District's Transactions and Use Tax Ordinance (Local Charge Agreement with the CDTFA, in an amount not to exceed $175,000, commencing February 1, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-015). 4. Authorize the City Manager and Clerk of the Council to execute an Agreement for State Administration of District Transactions and Use Taxes with the CDTFA to perform functions incidental to the administration and collection of local transactions and use taxes, subject to non -substantive changes approved by the City Manager and City Attorney. The agreement to commence April 1, 2019, and continue until December 31, 2039 (for six months following the expiration date of the City Ordinance, March 31, 2039), and thereafter to renew automatically from year-to-year until CDTFA completes all work necessary to the administration of the City Ordinance and has received CITY COUNCIL MINUTES 17 JANUARY 15, 2019 10A-17 and disbursed to the City all payments due under that Ordinance (AGMT. No. 2019-016). 5. Adopt a resolution. RESOLUTION NO 2019-004 - A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXAMINATION OF SALES AND TRANSACTIONS AND USE TAX RECORDS 6. Authorize the City Manager and Clerk of the Council to execute a Second Amendment to Agreement with MuniServices, LLC to expressly include Transactions and Use Tax reporting, analysis and recovery services beginning April 1, 2019, and to extend the contract period one and one-half years (1 %) effective January 1, 2021 through June 30, 2022 (AGMT. No. 2019-017). MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) CLERK OF THE COUNCIL HUIZAR ADMINISTERED THE OATH OF OFFICE TO THE NEWLY APPOINTED COMMISSIONERS: • Arts and Culture Commission - Jennifer Oliva • Personnel Board - Angie Rivera AGENDA ITEM 55C CONSIDERED OUT OF ORDER, REPORTS 65A. APPROVE PARAMETERS OF CITIZEN'S OVERSIGHT COMMITTEE FOR MEASURE X (SANTA ANA NEIGHBORHOOD SAFETY, HOMELESS PREVENTION, AND ESSENTIAL CITY SERVICES ENHANCEMENT MEASURE) REVENUE {STRATEGIC PLAN NO. 7, 2) — Finance and Management Services Agency CITY COUNCIL MINUTES 18 JANUARY 15, 2019 10A-18 Councilmember Solorio moved with incorporation of prior discussion involving Item 556. MOTION. Direct staff to prepare a resolution for City Council consideration and include • By-laws and selection process of a Citizen Oversight Committee related to Measure X approved by the voters in November 2018, MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Iglesias, Penaloza, Pulido, Solorio, Villegas (5) None (0) None (0) Reyna, Sarmiento (2) 65B. DISCUSS AND CONSIDER RESTRUCTURING THE CITY COUNCIL COMMITTEES, ESTABLISH MEETING SCHEDULE AND APPOINT MEMBERS {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office Council discussion ensued. Councilmember Solorio, directed City Manager's staff to reach out to Councilmembers to determine what committee they wish to serve on by order of preference. Mayor Pro Tem Villegas, supportive of Councilmember Solorio's motion. Mayor Pulido, supportive of item and to establish ad hoc committees as needed and independent of current item. Councilmember Iglesias, expressed interest to serve on the Santa Ana Unified School District and City Council Joint Policy Council Committee. AMENDED MOTION. 1. Maintain current council committees. 2. Councilmember Iglesias expressed interest in serving on the PREY/Joint City Council and Santa Ana Unified School District. CITY COUNCIL MINUTES 19 JANUARY 15, 2019 10A-19 65C. 3. Staff to bring back list of councilmembers that have expressed interest in serving on a committee to ratify members and schedule. MOTION: Solorio SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) APPROVAL OF TERMS FOR RESIDENT VEHICLE INCENTIVE PROGRAM (VIP) {STRATEGIC PLAN NO. 3, 3C) — Community Development Agency The following spoke on the matter: Peter Whittingham, on behalf of Orange County Auto Dealers Association, supportive of staff preparing ongoing status report to City Council every two years. Council discussion ensued. Mayor Pro Tem Villegas, supportive of two-year reporting cycle. Councilmember Solorio, supportive of item with ongoing oversight. Acting City Manager Mendoza, provided City Council with review of proposed program and requested City Council to provide further direction as needed. Noted agreement to be presented for Council consideration in 30 days. Mayor Pulido, supportive of creating an efficient process that minimizes the need to engage staff. AMENDED MOTION: 1. Approve Terms of Resident Vehicle Incentive Program as agreed upon after deliberation of the City Council. 2. Direct Staff to draft terms into an Agreement for consideration at the February 5, 2019 City Council meeting. MOTION: Solorio SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) CITY COUNCIL MINUTES 20 JANUARY 15, 2019 1 OA -20 NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) PUBLIC HEARINGS 75A. PUBLIC HEARING — ADOPT A ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE AND SECTIONS OF SPECIFIC DEVELOPMENT NO. 19 AND SPECIFIC DEVELOPMENT NO. 40 — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3,2; 5,3) Planning Commission approved recommended action on December 10, 2018 by a vote of 5-0 (Alderete absent). Legal Notice published in the Orange County Reporter on January 4, 2019. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Council discussion ensued. Mayor Pulido, unsupportive of item. Supportive of sending item to Planning Commission for review. Directed staff to present item to City Council for review prior to preparing a final recommended action. Councilmember Solorio, expressed concern over project parking direction. Unsupportive of item. Acting City Manager Mendoza, recommended Council to send item to Planning Commission for review. MOTION: Deny staff recommendation; have it considered at the council committee level before presented at council meeting. MOTION: Villegas SECOND: Iglesias VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 21 JANUARY 15, 2019 1 OA -21 ABSENT: Reyna, Sarmiento (2) Acting City Manager Mendoza recommends to send back to Planning Commission for final polishing. Mayor Pulido requested item be presented back to council early before final recommendation is to be voted on. Include City Council through the process. AMENDED MOTION: Direct the Planning Commission to consider matter, and include City Council throught the process prior to bringing back to a future City Council meeting. MOTION: Villegas SECOND: Iglesias VOTE: AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) 75B. PUBLIC HEARING — ABANDONMENT NO. 18-03 TO VACATE BREEDEN STREET AND A PORTION OF THIRD STREET {STRATEGIC PLAN NO. 3,2) - Public Works Agency City Council adopted a resolution of the City's intent to vacate on December 4, 2018 by a vote of 6-0 (Sarmiento absent). Legal Notice published in the Orange County Reporter on January 4, 2019 and January 11, 2019. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO 2019-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING ALL OF BREEDEN STREET AND A PORTION OF THIRD STREET BETWEEN STANDARD AVENUE AND BREEDEN STREET (ABANDONMENT NO. 18-03) CITY COUNCIL MINUTES 22 JANUARY 15, 2019 1 OA -22 2. In the event the resolution is adopted, authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney, for the conveyance of the City's fee interest in the excess right-of-way to Shirlee L. Heidler, Trustees of the Heidler Family Trust dated April 25, 1994, in exchange for the dedication of Standard Avenue (AGMT. No. 2019-018). MOTION: Villegas VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Penaloza Iglesias, Penaloza, Pulido, Solorio, Villegas (5) None (0) None (0) Reyna, Sarmiento (2) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. APPROVE A PRE -LOAN COMMITMENT OF $3,170,547 OF AFFORDABLE HOUSING FUNDS AND EIGHT PROJECT -BASED VOUCHERS TO NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA AND MERCY HOUSE LIVING CENTERS FOR THE DEVELOPMENT OF THE SANTA ANA UNITED METHODIST CHURCH PROJECT {STRATEGIC PLAN NO. 5, 3C) — Community Development Agency At its special meeting on December 19, 2018 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions by a vote of 5: 0 (Ramos and Urzua abstained). The following spoke on the matter: • David James, expressed support for item. Opined community has been marginalized. • Marie Chevallier, supportive of Legacy Square project. Opined project will provide supportive services to the homeless community. • Nina Khiv, Nursery Director at Santa Ana Unified Methodist Church, supportive of item. Opined community in dire need of affordable housing. • Adiel DePano, Lead Pastor of Santa Ana United Methodist Church supportive of creating affordable housing. Urged City Council to support project. • Doug Gillen, Chairman of Board of Trustee of United Methodist Church opined project would benefit community. Urged City Council to support project. CITY COUNCIL MINUTES 23 JANUARY 15, 2019 1 OA -23 • Deborah Gillen, Chairperson of the Governance Board of Santa Ana United Methodist Church, addressed City Council to request support for project. • Gerry Geroca, supportive of providing affordable housing and of Legacy project. • Ruben Esponda, Associate Pastor for Santa Ana United Methodist Church, supportive of Legacy project. • Carla Jasa, Chief Operating Officer for Orange County United Way, addressed City Council to offer support towards project and ongoing efforts to address homeless issue. Council discussion ensued. Councilmember Iglesias, expressed concern with approving projects with little consideration to parking impact. Acting City Manager Mendoza, noted item presented is funding related and is not land -use related. Alexa Washburn, Vice President of Policy and Planning for National Community Renaissance, provided City Council with parking management and plan considerations. Planning and Building Executive Director Minh Thai, provided City Council with parking management review and affordable housing requirements. Councilmember Solorio, noted project went through thorough process. Directed staff to consider valet parking as a requirement for future projects. Supportive of item. Mayor Pro Tem Villegas, supportive of item. Mayor Pulido, optimistic project will benefit community. Supportive of item. MOTION: Authorize the City Manager and the Clerk of the Council to execute a pre -loan commitment letter with National Community Renaissance of California ("National CORE") with Me Centers ("Mercy House") as the service provider Inclusionary Housing Funds for the development of the Methodist Church affordable housing project located a Street, Santa Ana, CA 92701, subject to non -sub approved by the City Manager and City Attorney MOTION: Villegas VOTE: AYES NOES: CITY COUNCIL MINUTES SECOND: Solorio ,cy House Living or $3,170,547 in Santa Ana United t 609 N Spurgeon ;tantive changes Iglesias, Penaloza, Pulido, Solorio, Villegas (5) None (0) 24 1 OA -24 JANUARY 15, 2019 ABSTAIN: ABSENT: None (0) Reyna, Sarmiento (2) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. RECEIVE UPDATE FROM STAFF REGARDING RAILROAD COMPANY RIGHT-OF-WAY MAINTENANCE COMPLIANCE (HOMELESS ENCAMPMENTS/ABANDONED PROPERTY/TRASH/GRAFFITI, ETC.) AND ADMINISTRATIVE AND LEGAL OPTIONS TO ADDRESS LACK OF PROMPT AND ONGOING COMPLIANCE. DISCUSS AND PROVIDE DIRECTION, AS NEEDED, TO STAFF REGARDING THIS MATTER AND OTHER LARGE PROPERTY OWNERS THIS MAY BE APPLICABLE TO - Councilmembers Solorio, Penaloza and Iglesias The following spoke on the matter: Carlo J. Bonanni, addressed City Council to express concern over homeless issue on railroad tracks near Bristol Avenue. Urged City Council to address homeless issue. Councilmember Solorio, directed staff to provide City Council with update on railroad property issues and potential enforcement actions within thirty days. Mayor Pulido, supportive of contacting Judge Carter to coordinate efforts. Deputy Chief Gominski, noted railroad company does not make sufficient efforts to address cleanup and homeless issues. Councilmember Iglesias, supportive of pursuing enforcement options. Councilmember Penaloza, supportive of pursuing enforcement options. CITY COUNCIL MEETING RECESSED AT 9:04 P.M. AND CONVENED THE HOUSING AUTHORITY MEETING IMMEDIATELY FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 9:08 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 25 JANUARY 15, 2019 1 OA -25 COMMENTS PUBLIC COMMENTS (Non-Agendized Items) Dale Helvig, opposed to 2525 Main Street development. 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio, noted upcoming Orange County Woman's March event on Saturday January 19, 2019. Encouraged all to attend. Councilmember Penaloza, noted today marks Martin Luther King's birthday. Councilmember Iglesias, expressed her commitment to improve parks. Directed staff to research potential to create a position to address goals. Noted upcoming National School Choice Week event on January 26, 2019. Mayor Pro Tem Villegas, provided report on his attendance at Veterans Village groundbreaking event held on January 7, 2019. Mayor Pulido, adjourned meeting in memory of Mayor Greg Pettis ADJOURNED- 9:18 P.M. A Special Joint Meeting of the Santa Ana and Garden Grove City Council will convene for a Study Session to be held on Tuesday, January 29, 2019, at 5:30 p.m. at the City of Garden Grove Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840 The next meeting of the Santa Ana City Council is scheduled for Tuesday, February 5, 2019 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. Maria D. Huizar Clerk of the Council CITY COUNCIL MINUTES 25 JANUARY 15, 2019 1 OA -26 FUTURE AGENDA ITEMS • 2019 Council Committee Meeting Schedule • Mid -Year Budget Review • Policy on Use of General Reserve and Enterprise Funds CITY COUNCIL MINUTES 27 JANUARY 15, 2019 1 OA -27 1 OA -28