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HomeMy WebLinkAbout10B - 12-03-2019 MINUTES_DraftDRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTAANA, CALIFORNIA December 3, 2019 CLOSED SESSION MEETING CLOSED SESSION MEETING OF THE CITY COUNCIL - DECEMBER 3, 2019, 5:00 P.M. CALL TO ORDER - Mayor PULIDO Mayor Pulido called the closed session meeting at 5:13 p.m. Councilmember Iglesias joined the meeting at 5:24 p.m. Seeing no one wishing to speak, Mayor Pulido recessed the meeting at 5:13 p.m. Councilmembers Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Villegas PUBLIC COMMENTS - None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1 a. Laura and John Franks v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01051892-CU-OE-CJC This Closed Session Item 1A - Agreement No. 2019-234 was approved. DRAFT CITY COUNCIL MINUTES 1 DECEMBER 3, 2019 1 b. Orange County Communities Organized for Responsible Development v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01070617-CU-WM-CJC 2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of Section 54956.9 of the Government Code: One 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Service Employees' International Union (SEIU) Part-time Civil Service Employees Service Employees' International Union (SEIU) Part -Time CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting, which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. Mayor Pulido adjourned the Closed Session at 5:45 p.m. DRAFT CITY COUNCIL MINUTES 2 DECEMBER 3, 2019 REGULAR OPEN MEETING CALL TO ORDER - MAYOR PULIDO Mayor Pulido called the regular meeting to order at 6:07 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION BOB BARNETT, Police Chaplain CEREMONIAL PRESENTATIONS CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing the Orange County School of the Arts for their 20th Anniversary in the City of Santa Ana and for their Outstanding Contributions to the Community. 2. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM VILLEGAS recognizing Santa Ana Police Department Explorers for their Outstanding Contributions to the Community. 3. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER IGLESIAS recognizing Teresa "Tita" Smith of Catholic Charities of Orange County for her Outstanding Contributions to the Community. 4. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing Kent Huskins of Huskins Coffee Company for his Outstanding Contributions to the Community. 5. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing Godinez Fundamental High School and Saddleback High School Counseling Programs for their Outstanding Contributions to the Community. DRAFT CITY COUNCIL MINUTES 3 DECEMBER 3, 2019 CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS — See Item 11A and Item 25D Mayor Pulido announced that Item 11A will be taken out of order and considered prior to the balance of the Consent Calendar items. Mayor Pulido announced that Councilmember Sarmiento will leave meeting early. Mayor Pulido made an announcement regarding Councilmember Bacerra's reception after Item 11A was discussed. Items 20B, 20A, 20C, 25D, and 22D were considered prior to the balance of the Consent Calendar items. CONSENT CALENDAR ADMINISTRATIVE MATTERS ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. Mayor Pulido allowed public comments regarding Item 11A to take place first before voting on consent calendar items. 11A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018-01 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET {STRATEGIC PLAN NO. 3,2) — Planning and Building Agency Placed on first reading at the November 19, 2019 City Council meeting and approved by a vote of 4-3 (Bacerra, Pulido and Villegas dissented). Published in the Orange County Reporter on November 22, 2019. 1. ORDINANCE NO. NS-2979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. DRAFT CITY COUNCIL MINUTES 4 DECEMBER 3, 2019 2. ORDINANCE NO. NS-2980 - AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD- 93) FOR SAID PROPERTY PUBLIC COMMENT Mark Rothenberg spoke in opposition to the item. Ellen M. Koldewey spoke in opposition to the item. Lisa Gomez spoke in opposition to the item. Angel Barnes spoke in opposition to the item. Diane Fradkin spoke in opposition to the item. John Fradkin spoke in opposition to the item. Dale Helvig spoke in opposition to the item. Justin Chapman spoke in opposition to the item. Patricia Coleman spoke in opposition to the item. Steven Swaitek spoke in opposition to the item. Michael Ovalle spoke in opposition to the item. Tim Rush spoke in opposition to the item. Councilmember Solorio moved to place ordinances on second reading and adopt, died for lack of a second. Councilmember Bacerra proposed a substitute motion to have the item be denied, seconded by Mayor Pro Tern Villegas. Councilmember Penaloza proposed a substitute motion to have the item continued for 30 days to allow more time for the item to be discussed, seconded by Councilmember Bacerra. Councilmember Sarmiento requested clarification from City Attorney, Sonia Carvalho, regarding procedure. DRAFT CITY COUNCIL MINUTES 5 DECEMBER 3, 2019 Councilmember Bacerra rescinded his seconding on Councilmember Penaloza's motion of continuing the Item for another 30 days Amended Motion: Continue to December 17, 2019 meeting; have City staff look over claims made in Dale Helvig's letter in regards to "holes" in the agreement; and make non -substantive changes. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT GILBERT VASQUEZ TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 8, 2020 AS THE SENIOR TENANT REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Gilbert Vasquez for an appointment to the Community Redevelopment and Housing Commission for the vacant Senior Tenant Commissioner seat; nominated by the Community Development Agency. 13B. APPOINT NORMA GARCIA NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 8, 2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Norma Garcia for an appointment to the Planning Commission as the Ward 1 representative (replaces E. Alderete). DRAFT CITY COUNCIL MINUTES 6 DECEMBER 3, 2019 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S)— City Attorney's Office Motion to Approve Closed Session Item 1 A: Laura and John Franks v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01051892-CU-OE-CJC. City Council approved a settlement of $300,000 with a vote of 4-3 (Iglesias, Penaloza, and Solorio dissented), Agreement No. 2019-234. Mayor Pro Tern Villegas motioned to approve, seconded by Mayor Pulido. MOTION: Mayor Pro SECOND: Mayor Pulido Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Sarmiento (4) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (3) F_3 *31/_1I � ABSENT: None (0) None (0) Motion to Approve 2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of Section 54956.9 of the Government Code: One Direction given to staff to extend a towing agreement by a vote 7-0. MOTION: Mayor SECOND: Councilmember Solorio Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) DRAFT CITY COUNCIL MINUTES 7 DECEMBER 3, 2019 ABSENT: None (None) 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. RECEIVE AND FILE FISCAL YEAR 2018-2019 GENERAL FUND PRELIMINARY FISCAL YEAR END RESULTS AND FISCAL YEAR 2019-2020 GENERAL FUND — FIRST QUARTER UPDATE {STRATEGIC PLAN NO. 4, 11 — Finance and Management Services Agency MOTION: Receive and file Fiscal Year 2018-2019 General Fund preliminary fiscal year end results and Fiscal Year 2019-2020 General Fund First Quarter Update. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Consent Item 20B was considered prior to 20A. 20A. APPROVE APPROPRIATION ADJUSTMENTS TO FUND AUTHORIZED POLICE OFFICER POSITIONS APPROPRIATE FUNDING FOR OVERTIME AND UNFUNDED LIABILITY PAYMENTS PREVIOUSLY FUNDED IN THE PARKING FUND (STRATEGIC PLAN NO. 1,1i}- Police Department Councilmember Solorio moved to continue the item for two weeks. Mayor Pro Tern made a substitute motion to approve recommended actions by staff. Motion to Adopt: 1. Authorize the funding of eighteen (18) police officer positions previously unfunded within the General Fund for an approximate annualized cost of $2,700,000. This amount includes the partial year funding of $1,312,500 proposed in action item #2. 2. Approve appropriation adjustments. (Requires five affirmative votes). 2a. APPROPRIATION ADJUSTMENT NO. 2020-069 — To utilize General Fund balances from prior fiscal year (2018-19) in the amount of $1,312,500 to provide partial year funding for eighteen (18) authorized unfunded police officer positions in the Police Department's Field Operations accounting unit for fiscal year 2019-20. 2b. APPROPRIATION ADJUSTMENT NO. 2020-070 — To utilize General Fund balances from prior fiscal year (2018-19) to fund $977,620 for DRAFT CITY COUNCIL MINUTES 8 DECEMBER 3, 2019 overtime and unfunded liability expenses previously funded through the Parking Downtown Enhancements fund. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza (4) NOES: Councilmember Iglesias (1) ABSTAIN: Councilmember Sarmiento and Councilmember Solorio (2) ABSENT: None (0) Substitute motion did not pass as it required a super majority vote. Motion to continue two weeks to the December 17, 2019 City Council meeting. MOTION: Councilmember SECOND: Councilmember Penaloza Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Solorio (4) NOES: Councilmember Bacerra, Councilmember Iglesias, Councilmember Sarmiento (3) ABSTAIN: None (0) ABSENT: Councilmember Bacerra (1) 20B. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM, AUTHORIZE A BUDGET REALLOCATION, AND AWARD A CONSTRUCTION CONTRACT TO ARAMEXX CONSTRUCTION IN THE AMOUNT OF $1,000,910, FOR THE LINCOLN AVENUE PEDESTRIAN PATHWAY FROM PARK LANE TO SANTIAGO CREEK PROJECT WITH AN ESTIMATED TOTAL PROJECT COST DRAFT CITY COUNCIL MINUTES 9 DECEMBER 3, 2019 OF $1,201,886 (PROJECT NO 17-6802) {STRATEGIC PLAN NO. 6, 1C) - Public Works Agency PUBLIC COMMENTS: Paul Berry spoke in support of the item. Bea Tiritilli spoke in support of the item. Gerald Tiritilli spoke in support of the item. Patricia Coleman spoke in support of the item. Motion to Adopt Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-066 - To spend $43,000 from prior year fund balance in the Select Street Construction Fund, Improvements Other Than Building expenditure account. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include additional construction funds in the amount of $43,000 for the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project. 3. Authorize reallocation of $128,886 in unspent project funds to the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project (Project 17-6802) as follows: $82,926 in Measure M2 Local Fairshare funds from the Cabrillo Park Sidewalk Improvements project (Project 16-6862), $13,960 in Select Street Construction Gas Tax funds from the Omnibus Concrete Repair project (Project 18-6864), and $32,000 in Select Street Construction Gas Tax funds from the Lincoln/Fairhaven Access Trail project (Project 13-6795). 4. Award a contract to Aramexx Construction, the lowest responsible bidder, in accordance with the base bid plus add Alternative Bid Items 54 and 55 in the amount of $1,000,910, for construction of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project, for the term beginning upon execution of the contract 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. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,201,886, which includes $1,000,910 for the construction contract; $123,550 for contract administration, inspection, and testing; and a $77,426 project contingency (approximately 7.7% of the construction contract amount). moved by Councilmember Solorio seconded by Councilmember Bacerra. Councilmember Solorio motioned to adopt, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio DRAFT CITY COUNCIL MINUTES 10 DECEMBER 3, 2019 VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Sarmiento left the meeting at 8:15 p.m. 20C. APPROVE APPROPRIATION ADJUSTMENT FOR FISCAL YEAR 2019 HOMELAND SECURITY GRANT PROGRAM FUNDING IN THE AMOUNT OF $4,850,000 {STRATEGIC PLAN NO. 1.2, 6} — Police Department MOTION to Adopt: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-065 - Recognizing $4,850,000 in the Fiscal Year 2019 Urban Area Security Initiative revenue account and appropriate same to expenditures accounts. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Iglesias. MOTION: Mayor Pro SECOND: Councilmember Iglesias Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Bacerra, Councilmember Sarmiento (2) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES DRAFT CITY COUNCIL MINUTES 11 DECEMBER 3, 2019 22A. AMEND PURCHASE ORDER WITH TRANSWEST TRUCK CENTER, LLC, FOR TWO STAKE BED DUMP TRUCKS IN THE AMOUNT OF $172,072 (SPECIFICATION NO. 19-041) {STRATEGIC PLAN NO. 6, 2)- Finance and Management Services Agency and Public Works Agency MOTION: Amend the contract with Transwest Truck Center, LLC, for the procurement of two additional stake bed dump trucks in the amount of $162,072, plus a contingency of $10,000, for a total amount not to exceed $172,072, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. AMEND THE CONTRACTS FOR ELECTRICAL REPAIRS AND REHABILITATION SERVICES FOR CITY WATER FACILITIES, INCREASING THE ANNUAL AGREEMENT AMOUNT BY $300,000, FOR A TOTAL REVISED ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $900,000 (NON -GENERAL FUND) (SPECIFICATION NO. 17-007) {STRATEGIC PLAN NO. 6,1) - Finance and Management Services Agency and Public Works Agency MOTION: Amend the contracts for electrical repair and rehabilitation services for City water facilities to increase the annual agreement amount by an additional $300,000, for a revised annual aggregate amount not to exceed $900,000, for the remainder of the contract and the two one-year renewal options, if exercised, subject to non -substantive changes approved by the City Manager and City Attorney with the following vendors: 1. Inter -Pacific, Inc. ; Tustin location 2. Lead Electric, Inc.; Santa Fe Springs location 3. M. Brey Electric, Inc.; Beaumont location 22C. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $101,007 TO GUARANTY CHEVROLET MOTORS INC. FOR FOUR CHEVROLET EQUINOX (GENERAL FUND) (SPECIFICATION NO. 19-084) {STRATEGIC PLAN NO. 6,21 - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for four Chevrolet Equinox vehicles for an amount not to exceed $101,007, to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. 22D. CONTRACTS AWARD FOR OFFICE FURNITURE, INSTALLATION AND RELATED SERVICES IN THE AMOUNT OF $1,131,240 (GENERAL FUND) (SPECIFICATION NO. 19-114) {STRATEGIC PLAN NO. 7,51 - Finance and Management Services Agency; City Attorney's Office; City Manager's Office; Clerk of the Council Office; Human Resources Department; Information Technology DRAFT CITY COUNCIL MINUTES 12 DECEMBER 3, 2019 Department; Library Department; Parks, Recreation and Community Services Agency; Planning and Building Agency; Police Department and Public Works Agency MOTION to Adopt: Award contracts for the purchase of office furniture, installation and related services for various citywide furniture projects beginning December 3, 2019 and expiring upon completion of the identified projects, in a total aggregate amount between the five selected vendors for a not to exceed amount of $1,028,400 plus a 10 percent contingency for a new total aggregate amount of $1,131,240, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: 1. Culver -Newlin, Corona location 2. GM Business Interiors, Riverside location 3. Interior Office Solutions, Irvine location 4. Pivot Interiors, Costa Mesa location 5. Yamada Enterprises, Huntington Beach location MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) Mayor Pulido recused himself from voting on Item 25A because of a conflict of interest. rG[e1:70:185l:101r&y 25A. APPROVE AN AGREEMENT AMENDMENT WITH WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES FOR CITY PARKS THAT WILL INCREASE THE ANNUAL AGREEMENT AMOUNT BY $250,000 PER YEAR FOR THE CURRENT RENEWAL PERIOD ENDING ON JUNE 30, 2021 FOR A TOTAL ANNUAL AGREEMENT AMOUNT OF $1,540,767.60 WITH THE ADDITIONAL DRAFT CITY COUNCIL MINUTES 13 DECEMBER 3, 2019 AMOUNT TO BE FUNDED BY THE GENERAL FUND AND CIVIC CENTER FUND (STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute an agreement amendment with West Coast Arborist, Inc. for tree maintenance services for city parks to increase the annual agreement amount by $250,000 per year for the current renewal period ending on June 30, 2021. The new total annual agreement amount will be $1,540,767.60 with the additional amount to be funded by the General Fund and Civic Center Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). Motion to approve recommendation Authorize the City Manager to execute an agreement amendment with West Coast Arborist, Inc. for tree maintenance services for city parks to increase the annual agreement amount by $250,000 per year for the current renewal period ending on June 30, 2021. The new total annual agreement amount will be $1,540,767.60 with the additional amount to be funded by the General Fund and Civic Center Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019- XXX). moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to approve recommendation, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: Mayor Pulido (1) ABSENT: Councilmember Sarmiento (Councilmember Sarmiento) This Consent Item 25A - Agreement No. 2019-228 was approved. 25B. APPROVE THE REVISED AGREEMENT WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR FUTURE SUPPLY ACTIONS FUNDING FOR THE RESTORATION FROM INVASIVE DREISSENID MUSSELS STUDY {STRATEGIC PLAN NO. 5,21 — Public Works Agency MOTION: Authorize the City Manager to execute a revised agreement with the Metropolitan Water District of Southern California for Future Supply Actions Funding for DRAFT CITY COUNCIL MINUTES 14 DECEMBER 3, 2019 the Restoration of Local Recharge Sources from Invasive Dreissenid Mussels Study, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25B - Agreement No. 2019-229 was approved. 25C. APPROVE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC., TO EXTEND THE TERM BY ONE YEAR TO COMPLETE THE HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 156828) {STRATEGIC PLAN NO. 6, 1 B} — Public Works Agency MOTION: Authorize the City Manager to execute the second amendment to the professional services agreement with Iteris, Inc., to complete the Harbor Boulevard Traffic Signal Synchronization Project, by extending the term by an additional twelve months until December 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. There is no change to the agreement amount (Agreement No. A-2019-XXX). This Consent Item 25C - Agreement No. 2019-230 was approved. 25D. APPROVE A SECOND AMENDMENT TO AGREEMENT WITH DOWNTOWN INC. IN THE AMOUNT OF $500,000 TO PROVIDE CLEAN AND SAFE PROGRAM FOR DOWNTOWN SANTA ANA (STRATEGIC PLAN NO. 3, 4A) — Community Development Agency MOTION: Authorize the City Manager to execute a Second Amendment to the Downtowr Clean and Safe Program Services Agreement with Downtown Inc. (DTI) in the amount of $500,000 for the period of January 1, 2020 through December 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2019-XXX). PUBLIC COMMENT: Nestor Correa spoke in support of the item. Motion to Adopt Authorize the City Manager to execute a Second Amendment to the Downtown Clean and Safe Program Services Agreement with Downtown Inc. (DTI) in the amount of $500,000 for the period of January 1, 2020 through December 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019- 231). Councilmember Bacerra motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) DRAFT CITY COUNCIL MINUTES 15 DECEMBER 3, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 25E. APPROVE SECOND AMENDMENTS TO 2020 DOWNTOWN MERCHANTS FUND OPERATING AGREEMENTS WITH DOWNTOWN INC. AND SANTA ANA BUSINESS COUNCIL ($100,000 PER ORGANIZATION) {STRATEGIC PLAN NO. 3, 4F) - Community Development Agency PUBLIC COMMENTS Nestor Correa spoke in support of the item. MOTION: Authorize the City Manager to execute the Second Amendment to the Downtown Merchants Fund Operating Agreements for Downtown Inc. in the amount of $100,000 for the period of January 1, 2020 through December 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). 2. Authorize the City Manager to execute the Second Amendment to the Downtown Merchants Fund Operating Agreement with Santa Ana Business Council in the amount of $100,000, for the period of January 1, 2020 through December 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25E Agreement Nos. 2019-232 and 2019-233 were approved. Motion to Approve the balance of Consent Calendar Items 11A through 25E, with the exception of Items 11A, 20B, 20A, 20C, 25D, and 22D considered as listed. In addition, Mayor Pulido abstained from Item 25A. moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to approve, seconded by Councilmember Bacerra. MOTION: Mayor SECOND: Councilmember Bacerra Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) DRAFT CITY COUNCIL MINUTES 16 DECEMBER 3, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) END OF CONSENT CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION APPROVING A MASTER PAY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) {STRATEGIC PLAN NO. 7, 4 & 6) — Human Resources Department Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT RESOLUTION NO. 2019-XXX TO ADOPT AND APPROVE A MASTER SALARY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION 570.5 AND THE CALIFORNIA EMPLOYEES' RETIREMENT SYSTEM (CALPERS) Motion to Adopt RESOLUTION NO. 2019-111, moved by Mayor Pro Tern Villegas seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) DRAFT CITY COUNCIL MINUTES 17 DECEMBER 3, 2019 55B. ADOPT A RESOLUTION TO AUTHORIZE THE SUBMISSION THE FISCAL YEAR 2018/19 MEASURE M2 YEAR-END EXPENDITURE REPORT TO CONTINUE RECEIVING COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FUNDS ESTIMATED AT A MINIMUM OF $4 MILLION ANNUALLY {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE FY 2018/19 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA Motion to Adopt RESOLUTION NO. 2019-112, moved by Councilmember Solorio seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 55C. ADOPT A RESOLUTION APPROVING THE WATER SUPPLY ASSESSMENT FOR THE MAINPLACE MALL PROJECT LOCATED AT 2800 NORTH MAIN STREET {STRATEGIC PLAN NOS. 3, 3; 5,21 - Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE PROPOSED MAINPLACE MALL MIXED -USE PROJECT LOCATED AT 2800 NORTH MAIN STREET Motion to Adopt RESOLUTION NO. 2019-113, moved by Councilmember Solorio seconded by Mayor Pro Tern Villegas. Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) DRAFT CITY COUNCIL MINUTES 18 DECEMBER 3, 2019 NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. ADOPT A RESOLUTION APPROVING SITE PLAN REVIEW NO. 2019-01 AND DENSITY BONUS AGREEMENT NO. 2019-01 TO FACILITATE CONSTRUCTION OF THE FOURTH AND MAIN MIXED -USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT LOCATED AT 114 AND 117 EAST FIFTH STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3) - Planning and Building Agency and Community Development Agency Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR THE FIRST AMERICAN MIXED -USE DEVELOPMENT PROJECT LOCATED AT 114 EAST FIFTH STREET AND 117 EAST FIFTH STREET, AND RE -ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM 2. 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01 AS CONDITIONED AND APPROVING DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED - USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH STREET (SITE B) 3. Authorize the City Manager to execute a Density Bonus Agreement with Toll Brothers Apartment Living or assignees for a 55-year term, for the development of a mixed -use residential and commercial development with up to 220 residential rental units, including 11 residential rental affordable units, at 114 and 117 East Fifth Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). Motion to Adopt 60A. ADOPT A RESOLUTION APPROVING SITE PLAN REVIEW NO. 2019- 01 AND DENSITY BONUS AGREEMENT NO. 2019-01 TO FACILITATE CONSTRUCTION OF THE FOURTH AND MAIN MIXED -USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT DRAFT CITY COUNCIL MINUTES 19 DECEMBER 3, 2019 LOCATED AT 114 AND 117 EAST FIFTH STREET (STRATEGIC PLAN NOS. 3, 2; 5,31 - Planning and Building Agency and Community Development Agency Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). moved by Councilmember Solorio seconded by Councilmember Bacerra. PUBLIC COMMENT Adam Wood spoke in support of the item. Mike Tardif spoke in opposition to the item. Raul Yanez spoke in support of item. Tim Rush spoke in support of the item. Motion to Adopt as amended to include "shall' have architectural historic preservation experience under Condition 10; and staff update; community involvement with staff involvement under Condition 10A; 1. Adopt RESOLUTION NO. 2019-114: 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 THE FIRST AMERICAN MIXED -USE DEVELOPMENT PROJECT LOCATED AT 114 EAST FIFTH STREET AND 117 EAST FIFTH STREET, AND RE -ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt RESOLUTION NO. 2019-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01 AS CONDITIONED AND APPROVING DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED -USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH STREET (SITE B) 3. Authorize the City Manager to execute a Density Bonus Agreement with Toll Brothers Apartment Living or assignees for a 55-year term, for the development of a mixed -use residential and commercial development with up to 220 residential rental units, including 11 residential rental affordable units, at 114 and 117 East Fifth Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-254). moved by Councilmember Bacerra seconded by Councilmember Solorio. Councilmember Bacerra motioned to adopt as amended, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) DRAFT CITY COUNCIL MINUTES 20 DECEMBER 3, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (2) Iglesias, Councilmember 60B. APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL BOARD {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office m 1. Select a member to the Orange County Vector Control and appoint for a two (2) year term expiring January 2022 2. Council may decide to appoint for a four (4) year term expiring in January 2024. Motion to Adopt to appoint Cecilia Aguinaga to the Orange County Vector Control Board for a four-year appointment. moved by Mayor Pro Tern Villegas seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) 60C. ELECTION OF MAYOR PRO TEM 2018-2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. The Mayor calls for nominations for Mayor Pro Tern position. DRAFT CITY COUNCIL MINUTES 21 DECEMBER 3, 2019 2. Close nominations for position. 3. The Mayor declares the result of the election. PUBLIC COMMENT Alexander spoke in support of a new Mayor Pro Tem. Councilmember Penaloza motioned to have himself nominated as Mayor Pro Tem, died due to a lack of a second. Mayor Pro Tem Villegas motioned to have himself re-elected as Mayor Pro Tem, seconded with question by Councilmember Bacerra. Motion to Approve appointment of Councilmember Villegas as Mayor Pro Tem. moved by Mayor Pro Tem Villegas seconded by Councilmember Bacerra. Continued discussion of Item 60C after Items 85A and 85B were considered. Mayor Pro Tem Villegas motioned to approve, seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias (4) NOES: Councilmember Penaloza (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento, Councilmember Solorio (2) REPORTS 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. Review calendar of regularly scheduled City Council Meetings in 2020. 2. Cancel the regularly scheduled City Council meeting for January 7, 2020; August 4, 2020; and November 3, 2020. DRAFT CITY COUNCIL MINUTES 22 DECEMBER 3, 2019 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. Motion to Approve 1. Calendar of regularly scheduled City Council Meetings in 2020. 2. Cancel the regularly scheduled City Council meeting for January 7, 2020; August 4, 2020; and November 3, 2020. 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code, moved by Councilmember Bacerra seconded by Councilmember Solorio. Councilmember Bacerra motioned to approve, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (Councilmember Iglesias, Councilmember Sarmiento) 65B. APPROVE DISPLAY OF "E PLURIBUS UNUM" IN CITY COUNCIL CHAMBERS AND DIRECT STAFF TO INSTALL THE PREFERRED INSTALLATION OPTION {STRATEGIC PLAN NOS. 1-71- Clerk of the Council Office 1. Approve the display of "E Pluribus Unum," Latin for "Out of Many, One," in the City Council Chambers. 2. Direct staff to install one of the following installation options: Option #1 or #2 - $19,000 estimated budget Option #1: Install the Motto and Seal in a stacked configuration, above the existing alcove. Option #2: Install the Motto and Seal side -by -side, above the existing alcove. Option #3 or #4 - $25,000 estimated budget Option #3: Install the Motto and Seal in a stacked configuration, above the existing alcove, with a curtain system. DRAFT CITY COUNCIL MINUTES 23 DECEMBER 3, 2019 Option #4: Install the Motto and Seal side -by -side, above the existing alcove, with a curtain system. MOTION to Continued Continue item 30 days. moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to continued, seconded by Councilmember Bacerra. MOTION: Councilmember Penaloza VOTE: AYES: NOES ABSTAIN ABSENT: IU 31[aMMI="T V10Cel."I SECOND: Councilmember Bacerra Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) None (0) None (0) Councilmember Iglesias, Councilmember Sarmiento (2) 75A. PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS {STRATEGIC PLAN NO. 3, 31 - Planning and Building Agency and Orange County Fire Authority Legal Notice published in the Orange County Reporter on November 8, 2019. Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE DRAFT CITY COUNCIL MINUTES 24 DECEMBER 3, 2019 CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE Mayor Pulido opened and closed public hearing at 9:30 p.m. Motion to Adopt 1. Adopt RESOLUTION NO. 2019-116 ENTITLED% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF CALIFORNIA, and 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE moved by Councilmember Bacerra seconded by Mayor Pro Tern Villegas. Councilmember Bacerra motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) DRAFT CITY COUNCIL MINUTES 25 DECEMBER 3, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (2) Iglesias, Councilmember 75B. PUBLIC HEARING - INTENT TO LEVY 2020 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency Legal Notice published in the Orange County Reporter on November 22, 2019. 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2020 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. Adopt a resolution. 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 2020 Mayor Pulido opened and closed public hearing at 9:31 p.m. MOTION: 1. Conducted a public hearing to consider all protests regarding the intention to levy an assessment for 2020 for the Downtown Santa Ana Business Improvement District. 2. No written protests filed prior to the close of the public hearing. 3. Adopt RESOLUTION NO. 2019-113 ENTITLED: 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 2020. Councilmember Solorio motioned to adopt, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) DRAFT CITY COUNCIL MINUTES 26 DECEMBER 3, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (2) Iglesias, Councilmember COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO STUDY THE FEASIBILITY OF A DOG PARK — Councilmembers Iglesias and Penaloza PUBLIC COMMENT Chris Schmidt spoke in support of the item. Mayor Pulido in support of having more than one dog park. Councilmember Solorio noted that 85A and 85B are connected and suggested he would work with staff to create a wish list of amenities for city parks. Councilmember Iglesias and Councilmember Penaloza requested a pilot Dog Park placed in Centennial Park. Parks, Recreation and Community Administrative Services Manager Ron Ono and Executive Director Lisa Rudloff addressed the council regarding a Park's Master Plan. City Manager Kristine Ridge noted that staff will return to council with a feasibility study, entailing all viable locations throughout the city, along with potential cost estimates. Mayor Pulido suggested staff reach out to similar size cities, such as the City of Long Beach. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF AS APPROPRIATE, TO CONDUCT OUTREACH TO NEIGHBORHOODS TO EXPLORE MAINTENANCE NEEDS AND NEW AMENITIES (E.G., NEW LIGHTING, SECURITY CAMERAS, GATES, DOG -FRIENDLY ITEMS, TREES, LANDSCAPING, CHILDREN PLAY AREAS, EXERCISE EQUIPMENT, WALK PATHS, ETC.) FOR THEIR AREA PARKS — Councilmember Solorio DRAFT CITY COUNCIL MINUTES 27 DECEMBER 3, 2019 Councilmember Solorio noted Items 85A and 85B are related and provided comments under Item 85A. After deliberation of Item 85A, continued with discussion and vote on Item 60C. Recessed Regular City Council Meeting at 10:00 P.M. to the Housing Authority Meeting and reconvened with same members present at 10:01 p.m. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). Tony Bui spoke regarding the Santa Ana Bao Quang Temple; December 15, 2019 invitation to vote on board members. Carl Benninger spoke regarding providing a proclamation to Patrick Murphy. 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS 1. AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 2. Oral Reports from standing or ad -hoc city COUNCIL COMMITTEES 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio made community announcements. Councilmember Penaloza requested city staff attend the upcoming Thornton Park Neighborhood Association meeting and reach out to all neighborhood associations regarding the water rate increase. Councilmember Iglesias inquired about the process to proceed with a referendum or initiative. In addition, inquired if city staff has identified potential locations for a Santa Ana Shelter. Councilmember Bacerra requested for a Closed Session item for the December 17, 2019 meeting to discuss the homeless issues. DRAFT CITY COUNCIL MINUTES 28 DECEMBER 3, 2019 Mayor Pro Tem Villegas thanked colleagues for appointment of Mayor Pro Tem. Mayor Pulido made community announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, December 17, 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. Mayor Pulido adjourned the meeting at 10:23 p.m. Daisy Gomez, Clerk of the Council DRAFT CITY COUNCIL MINUTES 29 DECEMBER 3, 2019