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HomeMy WebLinkAbout2019-11-05 Regular FINAL MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 5, 2019 CLOSED SESSION MEETING REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL - OCTOBER 1, 2019 - 5:00 P.M. CALL TO ORDER MAYOR PULIDO Mayor Pulido called the closed session meeting at 5:00 p.m. Councilmember Iglesias joined the meeting at 5:09 p.m. and Councilmember Sarmiento joined the meeting at 5:12 p.m. Seeing no one wishing to speak, Mayor Pulido recessed the meeting at 5:00 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tem Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 is vacant as of Friday, March 2019. 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. Laura and John Franks v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01051892-CU-OE-CJC /L— /h b/L\[ aLb 9{ Њ bh9a.9w ЎͲ ЋЉЊВ 1b.Martha Zapienet al v. City of Santa Ana, et al, Orange County Superior Court, Case No. 30-2017-00952971 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: C1,C2, C3, C6, P3, R1, R2, R3, R4, R5, R6, R7, R8, R9, R10 Per RFP 19-026 2a. 405-252-22 - 1607 N. Bristol St. (C1) 2b. 405-252-21 - 1601 N. Bristol St. (C1) 2c. 405-272-21 - N/A (C2) 2d. 405-272-18 - 1411 N. Bristol St. (C2) 2e. 405-272-17 - 1405 N. Bristol St. (C2) 2f. 405-272-16 - 1401 N. Bristol St. (C2) 2g. 405-272-15 - 1321 N. Bristol St. (C2) 2h. 405-272-14 - 1319 N. Bristol St. (C2) 2i. 405-272-13 - 1315 N. Bristol St. (C2) 2j. 405-272-12 - 1311 N. Bristol St. (C2) 2k. 402-272-11 - 1303 N. Bristol St.(C2) 2l. 004-123-48 - 828 N. Bristol St. (C3) 2m. 004-123-52 - N/A (C3) 2n. 015-194-40 - 2235 S. Bristol St. (C6) 2o. 015-194-37 - 1211 W. Warner Ave. (C6) 2p. 005-142-35 - 921 N. Flower St. (P3) 2q. 005-142-58 - 915 N. Flower St. (P3) 2r. 005-142-47 - 842 N. Garnsey St. (P3) 2s. 399-085-11 - 1725 N. Bristol St. (R1) /L— /h b/L\[ aLb 9{ Ћ bh9a.9w ЎͲ ЋЉЊВ 2t.004-122-39 -908 N. Bristol St. (R2) 2u. 405-073-14 - 624 N. Bristol St. (R3) 2v. 405-073-15 - 622 N. Bristol St. (R3) 2w. 405-073-16 - 610 N. Bristol St. (R4) 2x. 405-073-17 -608 N. Bristol St. (R4) 2y. 405-073-18 - 602 N. Bristol St. (R4) 2z. 008-231-26 - 303 S. Bristol St. (R5) 2aa. 008-231-27 - 305 S. Bristol St. (R5) 2bb. 008-231-24 - 309 S. Bristol St. (R5) 2cc. 008-231-23 - 313 S. Bristol St. (R6) 2dd. 008-231-29 - 323 S. Bristol St. (R6) 2ee. 008-232-34 - 401 S. Bristol St. (R7) 2ff. 008-232-31 - 407 S. Bristol St. (R7) 2gg. 010-022-09 - 1306 W. Raymar St. (R8) 2hh. 010-183-44 - N/A (R9) 2ii. 010-183-01 - 701 S. Bristol St. (R9) 2jj. 010-183-43 - 707 S. Bristol St. (R9) 2kk. 010-183-42 - 711 S. Bristol St. \[A\] (R9) 2ll. 010-183-42 - 711 S. Bristol St. \[B\] (R10) 2mm. 010-183-41 - 713 S. Bristol St. (R10) 2nn. 010-183-40 - 717 S. Bristol St. (R10) City Negotiators: City Manager Kristine Ridge Negotiating party: Various Proposers Pursuant to RFP 19-026 Under negotiation: Terms of Sale of Properties /L— /h b/L\[ aLb 9{ Ќ bh9a.9w ЎͲ ЋЉЊВ 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Employee Organizations: Service Employees' International Union (SEIU) Full-time Employees 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 5:43 p.m. /L— /h b/L\[ aLb 9{ Ѝ bh9a.9w ЎͲ ЋЉЊВ REGULAR OPEN MEETING CALL TO ORDER - MAYOR PULIDO Mayor Pulido called the Regular Open Session to order at 5:45 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tem Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: None Ward 4 is vacant PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION - BOB KELLER, Police Chaplain CEREMONIAL PRESENTATIONS 1. SPECIAL PRESENTATION by Southern California Association of Governments (SCAG) on the 6th Cycle Regional Housing Needs Assessment Presented by Ma'Ayn Johnson, Housing and Land Use Planner. 2. SPECIAL PRESENTATION by the Orange County Transportation Authority (OCTA) on the OC Streetcar Presented by Christina Byrne, Public Outreach Department Manager. 3. SPECIAL PRESENTATION by the Orange County Transportation Authority (OCTA) on the SR-55 Improvement Project from I-5 to SR-91 Presented by Jeannie Lee, Project Manager - Highway Programs at Orange County Transportation Authority. 4. PROCLAMATION presented by MAYOR PULIDO recognizing the 550th Anniversary of Sikh Religion Founder Guru Nanak Devji. /L— /h b/L\[ aLb 9{ Ў bh9a.9w ЎͲ ЋЉЊВ 5.CERTIFICATE OF RECOGNITION presented by MAYOR PRO rvice in World War II. 6. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing Comunidad Boliviana for their commitment to democracy. 7. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Eric Linder for his Outstanding Contributions to the Community. 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 authorize staff to file a cross-complaint for Item 1b. VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Penaloza, Councilmember Solorio (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) PUBLIC COMMENTS - None CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25G with the exception of Items 22B, 25B, 25C, and 25G. Councilmember Sarmiento motioned to approve the consent calendar items 10A through 25 G with the exception of items 22B, 25B, and 25C, and 25G, seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Sarmiento VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Sarmiento (6) NOES: None (0) /L— /h b/L\[ aLb 9{ Џ bh9a.9w ЎͲ ЋЉЊВ ABSTAIN:None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 17, 2019 {Strategic Plan No. 5, 1} - Clerk of the Council Office MOTION: Approve Minutes. NOTICE OF PUBLIC HEARINGS 12A. ADOPT A RESOLUTION OF INTENT TO LEVY 2020 ASSESSMENT FOR DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency Recommended action approved by the Community Redevelopment and Housing Commission on October 23, 2019 by a vote of 5-0 (Garcia absent). 1. Approve the 2020 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEW AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR 2020 3. Set a public hearing for Tuesday, December 3, 2019. This Consent Item 12A - Resolution No. 2019-100 was adopted. BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE MEETING OF LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY AND COMMUNICATIONS CITY COUNCIL COMMITTEE, JULY 29, 2019 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Receive and file. FINAL TRACT MAP NOTIFICATIONS - Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of /L— /h b/L\[ aLb 9{ А bh9a.9w ЎͲ ЋЉЊВ reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. RECEIVE AND FILE CERTIFICATION OF APPROVAL BY CITY ENGINEER OF FINAL PARCEL MAP NO. 2017-155 (1920 EAST DEERE AVENUE) {STRATEGIC PLAN NO. 3, 2} - Public Works Agency MOTION: Receive and file certification of approval by City Engineer of Final Parcel Map No. 2017-155. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) - 19B. EXCUSED ABSENCES Clerk of the Council Office BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE APPROPRIATION ADJUSTMENT AND AGREEMENTS ACCEPTING 2017 & 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS IN THE AMOUNT OF $193,055.40 {STRATEGIC PLAN NO. 1, 3B} - Police Department 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-050 - Recognizing 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $92,171.70 for 2017 and $100,883.70 for 2018 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 2. Authorize the City Manager to execute an agreement with the Orange County 2020, accepting 2017 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $92,171.70, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). 3. Authorize the City Manager to execute an agreement with the Orange County 2021, accepting 2016 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $100,883.70, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item - Agreement Nos. 2019-194 and 2019-195 were approved. 20B. APPROVE APPROPRIATION ADJUSTMENTS TOTALING $1,275,000 AND AUTHORIZE PURCHASE AGREEMENTS TOTALING $1,030,000 FOR REAL /L— /h b/L\[ aLb 9{ Б bh9a.9w ЎͲ ЋЉЊВ PROPERTY ACQUISITION LOCATED AT 2244 S. HALLADAY ST. (APN 016-104-29) AND 905 E. WARNER AVE. (APN 016-105-20) FOR THE WARNER AVENUE IMPROVEMENTS PHASE 2 (PROJECT NO. 18-6901) (NON-GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G; 3, 2C} - Public Works Agency Recommended Action: 1. Approve appropriation adjustments. (Requires five affirmative votes). 1a. APPROPRIATION ADJUSTMENT NO. 2020-046 - $772,500 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M- Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account for property acquisition referenced below. 1b. APPROPRIATION ADJUSTMENT NO. 2020-046 - $502,500 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M- Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive Street Land expenditure account for ongoing costs necessary for project delivery. 2. Authorize the City Manager to execute a Purchase Agreement 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: 2a. Ruben Mejia, 2244 S. Halladay St. (APN 016-104-29), Full Acquisition $560,000 (Agreement No. A-2019-XXX) 2b. The Ruben Peralta and Lidia Peralta Living Trust, UTD, December 15, 2001, Ruben Peralta and Lidia Peralta, Trustees, 905 E. Warner Ave. (APN 016-105- 20), Full Acquisition - $470,000 (Agreement No. A-2019-XXX) This Consent Item 20B - Agreement Nos. 2019-196 and 2019-197 were approved. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A PURCHASE ORDER IN THE AMOUNT OF $217,974 TO CULVER- NEWLIN FOR OFFICE WORKSTATION FURNITURE AND INSTALLATION (GENERAL FUND) (SPECIFICATION NO. 19-108) {STRATEGIC PLAN NO. 7, 5} - Finance and Management Services Agency and Human Resources Department MOTION: Authorize a one-time purchase and payment of purchase order to Culver- Newlin for office workstation furniture and installation services in the amount of $202,586, plus a contingency of $15,388, for a total amount not to exceed $217,974, subject to non- substantive changes approved by the City Manager and City Attorney. /L— /h b/L\[ aLb 9{ В bh9a.9w ЎͲ ЋЉЊВ 22B. AMEND CONTRACT WITH ENTERPRISE FLEET MANAGEMENT FOR LEASED VEHICLES BY AN ADDITIONAL AMOUNT OF $41,708, AND AN ANNUAL FIFTEEN (15) PERCENT CONTINGENCY OF $79,020, FOR A NEW TOTAL ANNUAL AMOUNT NOT TO EXCEED $605,820 (SPECIFICATION NO. 18-093) {STRATEGIC PLAN NO. 1,5; 5,3; 5,4} - Finance and Management Services Agency, Police Department and Planning and Building Agency MOTION: Authorize the City Manager to execute an amendment with Enterprise Fleet Management to increase the annual amount for leased vehicles by an additional $41,708, and an annual fifteen (15) percent contingency of $79,020, for a new total annual amount not to exceed $605,820, subject to non-substantive changes approved by the City Manager and City Attorney. Councilmember Sarmiento motioned to approve consent calendar item 22B, seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Sarmiento VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) PROJECTS/CHANGE ORDERS 23A. AMEND THE CONSTRUCTION CONTRACT WITH EBS GENERAL ENGINEERING, INC., BY $248,000 FOR A NEW CONTRACT DELIVERY TOTAL OF $1,340,874 TO CONSTRUCT PAVEMENT IMPROVEMENTS FOR THE RESIDENTIAL STREET REPAIR AND ALLEY IMPROVEMENT PROJECT ASSOCIATED WITH THE CITYWIDE SEWER MAIN IMPROVEMENT PROJECT AT POMONA STREET (PROJECT NOS. 18-7526, 18-7527, 18-6910, 17-6437) {STRATEGIC PLAN NO. 6, 1B; 1C; 1G} Public Works Agency MOTION: Approve an increase of $248,000 to the EBS General Engineering, Inc., construction contract to perform additional paving improvements within the Residential Street Repair and Alley Improvement Project area related to sewer main replacement work on Pomona Street from Main Street to Maple Street as performed under the Citywide Sewer Main Improvement Project. AGREEMENTS /L— /h b/L\[ aLb 9{ ЊЉ bh9a.9w ЎͲ ЋЉЊВ 25A. APPROVE A HISTORIC PROPERTY PRESERVATION AGREEMENT {STRATEGIC PLAN NO5, 2 & 3} Planning and Building Agency Historic Resources Commission approved recommended action on October 3, 2019 by a vote of 5-0 (Rivera and Tardif abstained). MOTION: Authorize the City Manager to execute a Mills Act agreement, Historic Property Preservation Agreement No. 2019-02 with Steve Paul Wareham and Nadine Louise Wareham for the property located at 2420 N. Valencia Street, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25A - Agreement No. 2019-198 was approved. 25B. APPROVE QUALIFIED CONSULTANTS TO PROVIDE ON-CALL BUILDING SAFETY DIVISION SERVICES FOR A TOTAL NOT TO EXCEED $2,400,000 {STRATEGIC PLAN NO. 3, 3} Planning and Building Agency MOTION: Authorize the City Manager to execute agreements to engage fourteen (14) Building Safety services firms listed below as-needed for a period of three years, starting on November 5, 2019 and ending November 5, 2022, to provide on-call Building Safety Division services which include plan review, technical, and inspection services for the Planning & Building Agency. The services will include plan review, inspection and expedited services with an aggregate amount not to exceed $2,400,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2019-XXX). 1. 4Leaf, Inc 2. JLee Engineering Inc. 3. Bebe Group LLC 4. Building Code Services Inc. 5. Bureau Veritas 6. Century Structural Engineering Co., Inc (CSE) 7. CSG Consultants, Inc (CSG) 8. Hayer Consultants Incorporated (HCI) 9. Infrastructure Engineers 10. Interwest Consulting Group 11. Scott Fazekas & Associates, Inc. (SFA) 12. TRB+ Associates /L— /h b/L\[ aLb 9{ ЊЊ bh9a.9w ЎͲ ЋЉЊВ 13. VCA Code 14. Willdan Councilmember Iglesias motioned to approve consent calendar item 25B - Agreement No. 2019-199, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Iglesias VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25C. APPROVE A TWELVE MONTH EXTENSION OF LICENSE AGREEMENT WITH EAST END REALTY PARTNERSHIP, LP AND WURSTHAUS, INC. ALLOWING TEMPORARY OUTDOOR DINING ACTIVITIES TO OCCUR WITHIN PLAZA CALLE CUATRO FOR AN AMOUNT NOT TO EXCEED $1,272 (GENERAL FUND) {STRATEGIC PLAN NO. 3, 4E} Planning and Building Agency and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute a twelve-month extension License Agreement beginning December 1, 2019 and terminating November 30, 2020, with East End Realty Partnership, LP, 129 W. Wilson Street, Suite 100, Costa Mesa, Ca 92627, allowing located at 325 East 4th Street, Santa Ana in the amount of $1,272 subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2019-XXX). Councilmember Penaloza motioned to approve consent calendar item 25C - Agreement No. 2019-200, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Sarmiento (6) /L— /h b/L\[ aLb 9{ ЊЋ bh9a.9w ЎͲ ЋЉЊВ NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D. APPROVE AN AGREEMENT WITH SUPERION, LLC TO PROVIDE ALARM MANAGEMENT SOFTWARE AND SERVICES FOR THE SANTA ANA POLICE DEPARTMENT {STRATEGIC PLAN NO. 1, 2A} Police Department MOTION: Authorize the City Manager to execute a three-year agreement with Superion, LLC, for the period of November 5, 2019 through November 4, 2022, with two one-year alarm program, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25D - Agreement No. 2019-201 was approved. 25E. APPROVE AGREEMENT WITH METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AND THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY FOR IN-LIEU TREATED WATER DELIVERIES (NON-GENERAL FUND) {STRATEGIC PLAN NO. 5, 2} Public Works Agency MOTION: Authorize the City Manager to execute an agreement with the Metropolitan Water District of Southern California and the Municipal Water District of Orange County for in-lieu treated water deliveries, beginning on November 5, 2019 and expiring on July 1, 2027, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25E - Agreement No. 2019-202 was approved. 25F. APPROVE AGREEMENT WITH KAPSCH TRAFFICCOM USA, INC., FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM MAINTENANCE IN THE AMOUNT OF $250,000 \[NON-GENERAL FUND\] {STRATEGIC PLAN NO. 6, 1C} Public Works Agency MOTION: Authorize the City Manager to execute an agreement with Kapsch TrafficCom -year period beginning November 5, 2019, and ending November 4, 2022, with provisions for two one- year renewals exercisable by the City Manager and City Attorney, in an annual amount not to exceed $50,000 per year, for a total agreement amount not to exceed $250,000, including the optional renewals, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25F - Agreement No. 2019-203 was approved. /L— /h b/L\[ aLb 9{ ЊЌ bh9a.9w ЎͲ ЋЉЊВ 25G. APPROVE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE VERA INSTITUTE OF JUSTICE FOR THE SAFE CITIES NETWORK AND AMENDMENT TO THE AGREEMENT WITH IMMIGRANT DEFENDERS LAW CENTER FOR IMMIGRATION LEGAL DEFENSE SERVICES - City Manager's Office 1. Amend the Memorandum of Understanding between the Vera Institute of Justice Network, to extend the term for an additional one year through October 31, 2020, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2019-XXX). 2. Amend the agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, in the amount of $6,667 a month and extend the agreement term for an additional one year through October 31, 2020, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). Councilmember Penaloza motioned to approve consent calendar item 25G Agreement Nos. A-2019-204 and A-2019-205, seconded by Councilmember Iglesias. MOTION: Councilmember SECOND: Councilmember Iglesias Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pulido, Councilmember Sarmiento (5) NOES: Mayor Pro Tem Villegas (1) ABSTAIN: None (0) ABSENT: None (0) END OF CONSENT CALENDAR /L— /h b/L\[ aLb 9{ ЊЍ bh9a.9w ЎͲ ЋЉЊВ BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GAS TAX REVENUE REFUNDING BONDS, SERIES 2019; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH {STRATEGIC PLAN NO. 4, 2D} - Finance and Management Services Agency 1. Adopt a resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE AND SALE OF GAS TAX REVENUE REFUNDING BONDS, SERIES 2019 TO REFINANCE OUTSTANDING OBLIGATIONS, AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, AND AUTHORIZING EXECUTION OF AND APPROVING RELATED AGREEMENTS AND OFFICIAL ACTIONS 2. Authorize the execution of and approving a form of the Indenture of Trust, Escrow Agreement, Preliminary Official Statement, Bond Purchase Agreement and Continuing Disclosure Agreement (Agreement Nos. A-2019- XXX, A-2019-XXX and A-2019-XXX). 3. Authorize the transfer of the reserve account of the Series 2007 Certificates amount reflected upon closing, to the respective fund and to apply such proceeds to maximize the savings on the refunding. Councilmember Solorio motioned to approve item 55A and adopt Resolution No. 2019- 101, Agreement Nos. A-2019-206-01, A-2019-206-02, A-2019-206-03, A-2019-206-04, and A-2019-206-05, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Solorio VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. ADOPT A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR SENATE BILL NO. 2 (SB 2) PLANNING GRANTS PROGRAM FUNDS {STRATEGIC PLAN NO. 3, 2B} Planning and Building Agency /L— /h b/L\[ aLb 9{ ЊЎ bh9a.9w ЎͲ ЋЉЊВ MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SENATE BILL NO. 2 (SB 2) PLANNING GRANTS PROGRAM FUNDS Councilmember Penaloza motioned to adopt Resolution No. 2019-102, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS - BUSINESS 60A. CALL FOR REVIEW AND APPEAL REQUEST BY COUNCILMEMBER PENALOZA OF THE PLANNING COMMISSION DETERMINATION REGARDING CONDITIONAL USE PERMIT NO. 2019-10 AND CONDITIONAL USE PERMIT NO. 2019-11 FOR 1801 SOUTH MAIN STREET {STRATEGIC PLAN NO. 3,3} Planning and Building Agency MOTION: The City Council after discussing the matter has the following options: Mayor Pulido left the meeting at 7:28 p.m. 1. If the council is dissatisfied with the action of the Planning Commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City, it may, by majority vote, set a public hearing to consider modification of the Planning Commission action regarding this matter. The meeting would be held at a regular or adjourned meeting with public notification made by the Planning Department as was required for the initial hearing; OR 2. Take no further action, in which case the Planning Commission approval stands. \] /L— /h b/L\[ aLb 9{ ЊЏ bh9a.9w ЎͲ ЋЉЊВ PUBLIC COMMENT Arthur G. Newton spoke in support of approving the Planning Commission action. Reuben Smith spoke in support of approving the Planning Commission action. Mark K. Caughan spoke in support of approving the Planning Commission action. Councilmember Penaloza motioned to set a public hearing on November 19, 2019, to consider modification of the Planning Commission action regarding this matter with the request that the applicant meet with the residents, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Councilmember Sarmiento (4) NOES: Mayor Pro Tem Villegas (1) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) PUBLIC HEARINGS 75A. PUBLIC HEARING RECOVERY OF COSTS AND EXPENDITURES IN AN AMOUNT OF $41,513.72 INCURRED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT WITHIN RAILROAD RIGHT-OF-WAY IN THE CITY (STRATEGIC PLAN NO. 5, 4E} Planning and Building Agency Legal Notice published in the Orange County Reporter on October 25, 2019 and notices mailed on said date. MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS AND EXPENDITURES INCUMBERED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT WITHIN UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY WITHIN THE CITY; AND, MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS Seeing no one wishing to speak, Mayor Pro Tem Villegas opened and closed the public hearing at 7:51 p.m. Councilmember Penaloza motioned to adopt Public Hearing Item 75A - Resolution No. 2019-103, seconded by Mayor Pro Tem Villegas. /L— /h b/L\[ aLb 9{ ЊА bh9a.9w ЎͲ ЋЉЊВ MOTION: Councilmember SECOND:Mayor Pro Tem Villegas Penaloza VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pro Tem Villegas, Councilmember Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pulido (1) 75B. PUBLIC HEARING - ADOPT ORDINANCE TO AMEND PARKING METER RATES AND HOURS OF OPERATION IN THE DOWNTOWN ZONE, AND ADOPT A RESOLUTION TO ALLOW FOR A TWO-HOUR PARKING GRACE PERIOD AT THE FOUR CITY PARKING STRUCTURES LOCATED IN THE DOWNTOWN AREA {STRATEGIC PLAN NO. 3, 4B} - Finance and Management Service Agency Legal Notice published in the Orange County Reporter on October 25, 2019 and November 1, 2019. 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A PARKING RATE FREE GRACE PERIOD FOR PATRONS OF CITY OWNED PARKING GARAGES AND AUTHORIZING THE CITY MANAGER TO AMEND SAID GRACE PERIODS FROM TIME TO TIME Seeing no one wishing to speak, Mayor Pro Tem Villegas opened and closed the public hearing at 7:53 p.m. Councilmember Solorio motioned to adopt public hearing item 75B - Ordinance No. NS- 2978 as introduced on first reading; adopt Resolution No. 2019-104, seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Solorio VOTE: AYES: Councilmember Penaloza, Councilmember Iglesias, Councilmember Solorio, Mayor Pro Tem Villegas, Councilmember Sarmiento (5) NOES: None (0) /L— /h b/L\[ aLb 9{ ЊБ bh9a.9w ЎͲ ЋЉЊВ ABSTAIN:None (0) ABSENT: Mayor Pulido (1) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING THE CITY CLERK TO PROVIDE FOR SIGN LANGUAGE INTERPRETIVE SERVICES AT ALL CITY COUNCIL MEETINGS- Councilmembers Iglesias and Sarmiento 85B. DISCUSS AND CONSIDER DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO PREPARE AN URGENCY ORDINANCE CONCERNING IMPLEMENTATION OF ASSEMBLY BILL 1482 - Councilmembers Penaloza and Sarmiento PUBLIC COMMENT Hilda Ortiz spoke in support of the item. Maria Enriquez spoke in support of the item. Ugochi Nicholson spoke in support of the item. Silvia Avendano spoke in support of the item. Fausto Ramirez spoke in support of the item. Mayor Pulido joined the meeting at 8:25 p.m. Teresa Gonzalez spoke in support of the item. Araceli Robles spoke in support of the item. Joshua Gonzalez spoke in support of the item. Jorge Rivera spoke in support of the item. Sarai Arpero spoke in support of the item. Isuri Ramos spoke in support of the item. Hairo Cortes spoke in support of the item. /L— /h b/L\[ aLb 9{ ЊВ bh9a.9w ЎͲ ЋЉЊВ Ana Urzua spoke in support of the item. Roberto Herrera, Community Engagement Advocate for Resilience Orange County, spoke in support of the item. Luis Sarmiento spoke in support of the item. Maricela Castro spoke in support of the item. Council Member Iglesias left the meeting at 9:07 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). Peter A. Katz spoke regarding veteran events. Kim McPeck spoke regarding a grievance he propose to file. Leopoldo Arguello in opposition to the increase of water rates. Dale Helvig spoke regarding the veteran events and the fifth cycle of the Regional Housing Needs Assessment report. Diane Franken spoke in opposition to the 2525 N. Main Street Project. City Manager Kristine Ridge provided a presentation on the Sesquicentennial Event; and announced community events. 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. 1a. November 4, 2019 Councilmember Penaloza California State Association of Counties (CSAC) and League of California Cities Homelessness Policy Workshop, Sacramento, CA 2. Oral Reports from standing or ad-hoc city COUNCIL COMMITTEES Council Member Penaloza made community announcements. Council Member Solorio made community announcements. /L— /h b/L\[ aLb 9{ ЋЉ bh9a.9w ЎͲ ЋЉЊВ Council Member Sarmiento made community announcements. Council Member Sarmiento made community announcements and requested that City Manager provide an update on the Mental Health Association outreach work. Mayor Pro Tem Villegas made community announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, November 19, 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 9:43 p.m. Daisy Gomez, Clerk of the Council /L— /h b/L\[ aLb 9{ ЋЊ bh9a.9w ЎͲ ЋЉЊВ