HomeMy WebLinkAbout10A - 3-3-2020 MINUTESDRAFT MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
March 3, 2020
CLOSED SESSION MEETING
CLOSED SESSION MEETING OF THE CITY COUNCIL - MARCH 3, 2020, 5:00 P.M.
CALL TO ORDER - MAYOR PULIDO
Mayor Pro Tern Villegas called the closed session to order at 5:15 p.m. Councilmember
Sarmiento joined the meeting at 5:33 p.m. Mayor Pulido joined the meeting at 5:41 p.m.
Councilmember Iglesias joined the meeting at 5:44 p.m.
COUNCILMEMBERS Present:
Mayor Pro Tern Villegas
Councilmember Bacerra
Councilmember Penaloza
Councilmember Solorio
COUNCILMEMBERS Absent:
Mayor Pulido
Councilmember Iglesias
Councilmember Sarmiento
COUNCILMEMBERS, BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO
AND VILLEGAS °
PUBLIC COMMENTS - Members of the public may address the City Council on items
on the Closed Session Agenda.
Tim Johnson spoke regarding homeless lawsuits and provided a handout referring to the
Service Planning Area.
Dale Helvig spoke regarding the referendum filed against the project 2525 N. Main Street
and the letter filed to the City.
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:22 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:
DRAFT CITY COUNCIL MINUTES 104-1 MARCH 3, 2020
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of
the Government Code:
1A. Ana Manjarrez v. City of Santa Ana, Orange County
Superior Court, Case No. 30-2019-01060879
1 B. City of Santa Ana v. County of Orange, et al, United
States District Court Case No. SA CV 20-0069-DOC
(DFMx)
1 C. Orange County Catholic Worker, et al. v. Orange County,
et al.., U.S. District Court (Central District of California),
Case No. SA CV 18-0155-DOC (KESx)
1 D. City of Santa Ana v. County of Orange, et al., (Cross -
Complaint), U.S. District Court (Central District of
California), Case No. SA CV 18-0155-DOC (KESx)
1 E. City of Santa Ana and the People of the State of
California v. Orange County Association for Mental
Health dba Mental Health Association of California, et al,
Orange County Superior Court Case No. 30-2020-
01124174-CU-MC-CJC
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION pursuant to Section 54956.9(d) of the Government
Code: Two Cases
Case 1: Kaufman Law Group and Manatt, Phelps & Phillips, LLP threatening
lawsuits concerning the 2525 N. Main Referendum petition.
Case 2: Potential filing of unlawful detainer action related to a city -owned property.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
pursuant to Government Code Section 54956.8:
Property: See addresses below.
City Negotiators: Nabil Saba, Acting Public Works Agency Director
1. APN 405-252-22 - 1607 N. Bristol St. - C1
3. APN 405-272-21 - N/A - C2
DRAFT CITY COUNCIL MINUTES 1 O z _w MARCH 3, 2020
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APN 405-272-18 - 1411 N. Bristol St. - C2
APN 405-272-17 - 1405 N. Bristol St. - C2
APN 405-272-16 - 1401 N. Bristol St. - C2
APN 405-272-15 - 1321 N. Bristol St. - C2
APN 405-272-14 - 1319 N. Bristol St. - C2
APN 405-272-13 - 1315 N. Bristol St. - C2
APN 405-272-12 - 1311 N. Bristol St. - C2
APN 402-272-11 - 1303 N. Bristol St. - C2
APN 004-123-48 - 828 N. Bristol St.- C3
APN 004-123-52 - N/A - C3
APN 010-295-23 - 430 S. Bristol St. - C4
APN 010-295-22 - 434 S. Bristol St. - C4
APN 010-295-21-438 S. Bristol St.- C4
APN 010-295-20-442 S. Bristol St.- C4
APN 010-295-19-446 S. Bristol St.- C4
APN 010-295-18-502 S. Bristol St.- C4
APN 010-295-17-506 S. Bristol St.- C4
APN 010-295-16-510 S. Bristol St.- C4
APN 010-295-15-514 S. Bristol St.- C4
APN 010-295-14-518 S. Bristol St.- C4
APN 010-295-13-522 S. Bristol St.- C4
APN 109-345-20-712 S. Bristol St.-05
APN 109-345-19-716 S. Bristol St.- C5
APN 109-345-18-720 S. Bristol St.- C5
DRAFT CITY COUNCIL MINUTES 1 Off,-3 MARCH 3, 2020
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APN 109-345-17-802 S.
Bristol St.- C5
APN 109-345-16-806 S.
Bristol St.- C5
APN 109-345-15-810 S.
Bristol St.- C5
APN 109-345-14-814 S.
Bristol St.- C5
APN 109-345-13-818 S.
Bristol St.- C5
APN 109-345-12-822 S.
Bristol St.- C5
APN 109-345-11-902 S.
Bristol St.- C5
APN 015-194-40-2235 S.
Bristol St.-C6
APN 015-194-37-1211 W. Warner Ave.- C6
APN 398-385-03-1222 E.
4th St.-C7
APN 398-385-04-1225 E
4th St.- C7
APN 398-385-05-1221 E.
3rd. St.- C7
APN 008-091-01-315 N.
Bristol St.-C8
APN 008-091-13-303 N.
Bristol St.- C8
APN 008-091-14-1247 W. 3rd St.- C8
APN 008-091-02-1244 W. Santa Ana Blvd.- C8
APN 398-453-05-1214 E.
3rd St.-C9
APN 398-453-06-202 N.
Grand Ave.- C9
APN 008-081-28-517 N.
Bristol St.-C10
APN 008-081-26-515 N.
Bristol St.- C10
APN 008-082-29-1247 W. Santa Ana Blvd.-C11
APN 398-492-14-823 E.
1st St.-Cl 2
APN 007-203-24-1503 W. 1st St.-Cl 3
APN 405-074-16-724 N.
Bristol St.-P1
DRAFT CITY COUNCIL MINUTES 1 O Q _4 MARCH 3, 2020
52. APN 405-074-17-716 N. Bristol St.- P1
53. APN 405-074-18-712 N. Bristol St.- P1
54. APN 405-074-19-704 N. Bristol St.- P1
55. APN 007-302-21-302 S. Bristol St.-P2
56. APN 007-302-20-306 S. Bristol St.- P2
57. APN 007-302-19-310 S. Bristol St.- P2
59. APN 007-302-17-318 S. Bristol St.- P2
60. APN 007-302-16-402 S. Bristol St.- P2
62. APN 005-142-35-921 N. Flower St.-P3
63. APN 005-142-58-915 N. Flower St.- P3
64. APN 005-142-47-842 N. Garnsey St.- P3
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be
taken at the Regular Meeting which will begin immediately following the Closed Session
Meeting.
ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION.
Mayor Pulido adjourned Closed Session meeting at 6:20 p.m. and convened to the
Regular Open Session.
REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session
Meeting)
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido adjourned the closed session at 6:20 p.m. and called the regular meeting
to order at 6:21 p.m.
COUNCILMEMBERS BACERRA, IGLESIAS, PENALOZA, SARMIENTO, SOLORIO,
AND VILLEGAS
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
DRAFT CITY COUNCIL MINUTES 1 O $, _5 MARCH 3, 2020
INVOCATION - BOB BARNETT. POLICE CHAPLAIN
CEREMONIAL PRESENTATIONS
1. CERTIFICATE OF RECOGNITION presented by
COUNCILMEMBER IGLESIAS recognizing The Orange County
NAACP for their Outstanding Contributions to the Community.
2. CERTIFICATE OF RECOGNITION presented by
COUNCILMEMBER SARMIENTO recognizing the RAYA
Foundation for their Outstanding Contributions to the Community.
3. CERTIFICATE OF RECOGNITION presented by
COUNCILMEMBER SOLORIO recognizing Meals on Wheels
Orange County for their Outstanding Contributions to the
Community.
Mayor Pulido made announcement that item 60B would be heard prior to Closed Session
report out.
CLOSED SESSION REPORT - The City Attorney will report items to be added to
Consent Calendar Item 19A from the Closed Session meeting.
PUBLIC COMMENTS - Pursuant to Government Code Sec. 54954.3, members of the
public may address either the City Council or any of the City's other related entities,
such as the Housing Authority, Successor Agency or other legislative bodies, meeting in
conjunction with this scheduled meeting. Public comments may be made on any and all
matters within the City of Santa Ana's jurisdiction or the jurisdiction of the other related
entities. At the discretion of the Chair, at the first Public Comment portion of the
meeting, all comments may be considered jointly. The public will be given the
opportunity to speak three (3) minutes on any and all matters contained on any of the
Consent Calendar and Business Calendar items and/or on issues of public interest
within the jurisdiction of the City. For public hearings, members of the public shall be
given three (3) minutes for each duly noticed hearing (unless the matter is continued
prior to taking public testimony). All requests to speak shall be submitted in writing to
the Clerk of the Council at the beginning of the meeting and before Public Comments
begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL
NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT
PERMISSION OF THE MAYOR. When speaking, all persons addressing the City
Council shall follow the rules of decorum as detailed on the back of the speaker form.
The presiding officer shall have the power and responsibility to enforce decorum and
order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.
Iall:IINZK.7Jddtl:1►r1
Dale Helvig spoke regarding Item 25G and the intimidation to the circulators for the
circulation of referendum against Ordinance No. 2980.
DRAFT CITY COUNCIL MINUTES 1 O fj, _6 MARCH 3, 2020
CONSENT CALENDAR
MOT/ON: Approve staff recommendations on the following Consent Calendar items:
Items 10A through 29A.
Councilmember Sarmiento motioned to approve the consent calendar items 10A through
29A, with the exception of items 20A, 25A, 25C, 25D, and 29A, seconded by Mayor Pro Tern
Villegas.
JdQIIP7.
V[911A=F
Councilmember
Sarmiento
AYES:
NOES:
ABST
ABSENT:
ADMINISTRATIVE MATTERS-
MINUTES
SECOND: Mayor Pro Tern Villegas
Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (7)
None (0)
None (0)
Riga (0)
10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 18, 2020 — Clerk of
the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT CIELO ECHEGOYEN NOMINATED BY MAYOR PULIDO AS THE
CITY-WIDE REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION FOR A
PARTIAL -TERM EXPIRING DECEMBER 8, 2020 - Clerk of the Council Office
MOTION: Nominate Cielo Echegoyen for an appointment to the Youth Commission as a
Regular member Mayoral representative.
13B. APPOINT CORY NELSON NOMINATED BY COUNCILMEMBER BACERRA AS
THE WARD 4 REPRESENTATIVE TO THE BOARD OF RECREATION AND PARKS
FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 - Clerk of the Council Office
MOTION: Nominate Cory Nelson for an appointment to the Board of Recreation and
Parks as the Ward 4 representative.
DRAFT CITY COUNCIL MINUTES 1 U z _7 MARCH 3, 2020
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
City Attorney announced the report out for Closed Session Item: 1A) Ana Manjarrez v.
City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01060879. Council
approved up to a $92,000 settlement by a vote of 5-0 (Mayor Pulido and Councilmember
Iglesias absent);2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION pursuant to Section 54956.9(d) of the Government Code, Case 2: Council
authorized a filing of an unlawful detainer on the city -owned property by a vote of 4-0
(Councilmember Sarmiento abstained, Mayor Pulido and Councilmember Iglesias
absent; and3) Council provided direction to staff on all other matters.
19B. EXCUSED ABSENCES — Clerk of tl
BUDGETARY MATTERS
r9»:i67Uzi Fill IEel ►I991111L3IIAIA►II-1
I Office
20A. APPROVE AN APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $710,000
TO SUPPORT THE COSTS ASSOCIATED WITH THE SIGNATURE VERIFICATION
AND ADDITIONAL ACTIVITIES RELATING TO THE MAY 19, 2020 SPECIAL
ELECTION — Clerk of the Council Office Continued from the February 18, 2020 City
Council meeting by a vote of 4-3 (Iglesias, Pulido and Villegas dissented).
MOTION: Approve an appropriation adjustment. (Requires five affirmative
votes). APPROPRIATION ADJUSTMENT NO. 2020-124 -In the amount of $710,000
to fund the costs associated with the May 19, 2020 special election.
Motion to approve item 20A, APPROPRIATION ADJUSTMENT NO. 2020-124, in the amount of
$710,000 to fund the costs associated with the May 19, 2020 special election. Moved by Mayor
Pro Tern Villegas seconded by Councilmember Sarmiento.
Mayor Pro Tern Villegas motioned to approve item 20A, seconded by Councilmember
Sarmiento.
MOTION: Mayor Pro SECOND: Councilmember Sarmiento
Tern
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Penaloza, Councilmember Sarmiento,
Councilmember Solorio (6)
NOES: Councilmember Iglesias (1)
ABSTAIN: None (0)
DRAFT CITY COUNCIL MINUTES 1 O $ _8 MARCH 3, 2020
ABSENT: None (0)
Mayor Pro Tern Villegas verbalized that he would like to change his vote from a Yes to
No, however, later indicated to Clerk of the Council, Daisy Gomez, that his YES vote will
remain.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AMEND PURCHASE ORDER WITH WATERLINE TECHNOLOGIES FOR
WATER TREATMENT CHEMICALS TO INCREASE THE AMOUNT BY $10,000 FOR
THE PERIOD THROUGH APRIL 30, 2020 AND $50,000 FOR THE PERIOD
THROUGH APRIL 30, 2021 TO BE FUNDED BY THE GENERAL FUND
(SPECIFICATION NO. 17-020) - Finance and Management Services Agency and
Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager to execute a purchase order contract amendment
to Waterline Technologies for water treatment chemicals to increase the amount for the
Parks, Recreation and Community Services Agency by $10,000 for the period through
April 30, 2020 and $50,000 for the final renewal period through April 30, 2021 to be
funded by the General Fund, subject to non -substantive changes approved by the City
Manager and City Attorney.
22B. APPROVE CONTRACT AMENDMENTS WITH ACCO ENGINEERING, FM
THOMAS, JOHNSON CONTROLS INC., AND TRANE, EXTENDING THE TERM FOR
SIX MONTHS AND INCREASING THE COMPENSATION IN A COMBINED AMOUNT
NOT TO EXCEED $200,000, FOR A TOTAL CONTRACT AMOUNT OF $1,400,000,
FOR HEATING -VENTILATION -AIR CONDITIONING REPAIR SERVICES
(SPECIFICATION NO. 15-114) - Finance and Management Services Agency; Public
Works Agency and Police Department
MOTION: Authorize the City Manager to amend the contracts with ACCO Engineering,
FM Thomas, Johnson Controls Inc., and Trane for Heating -Ventilation -Air Conditioning
(HVAC) repair services, including emergency on -call services, extending the term for six
months, from March 15, 2020 to September 30, 2020, and increasing the compensation
by an amount not to exceed $200,000, for a total contract amount of $1,400,000, subject
to non -substantive changes approved by the City Manager and City Attorney.
AGREEMENTS
25A. APPROVE AN AGREEMENT WITH DULAC ENTERPRISES (DBA BIG RED
BUS) FOR TROLLEY SERVICES FOR SPECIAL EVENTS IN THE CITY AND
DOWNTOWN AREA IN AN AGGREGATE AMOUNT NOT TO EXCEED $188,800
(GENERAL FUND & NON -GENERAL FUND) - Community Development Agency
MOTION: Authorize the City Manager to execute an agreement with the Dulac
Enterprises (dba Big Red Bus) for trolley transportation services in the City of Santa Ana
and Downtown area, for a one-year term from March 1, 2020 through March 31, 2021, in
DRAFT CITY COUNCIL MINUTES 1 Olk_9 MARCH 3, 2020
the amount of $77,600 and an option for two one-year extensions exercisable by the City
Manager and City Attorney, for an aggregate amount not to exceed of $188,800, subject
to non -substantive changes approved by the City Manager and City Attorney (Agreement
No. A-2020-XXX).
Motion to approve as amended to request to add City branding on the trolley; authorize the City
Manager to execute an agreement with the Dulac Enterprises (dba Big Red Bus) for trolley
transportation services in the City of Santa Ana and Downtown area, for a one-year term from
March 1, 2020 through March 31, 2021, in the amount of $77,600 and an option for two one-
year extensions exercisable by the City Manager and City Attorney, for an aggregate amount
not to exceed of $188,800, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-034). Moved by Councilmember Penaloza seconded
by Councilmember Bacerra.
Councilmember Penaloza motioned to approve item 25A as amended, seconded by
Councilmember Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
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)
40% 1
25B. APPROVE AN AGREEMENT WITH WHITE NELSON DIEHL EVANS LLP TO
PROVIDE PROFESSIONAL AUDITING SERVICES IN AN AMOUNT NOT TO EXCEED
$371,260 — Finance and Management Services Agency
MOT/ON: Authorize the City Manager to execute an agreement with White Nelson Diehl
Evans LLP to provide professional auditing services in the amount of $185,630, with a
provision for one one-year renewal in the amount of $185,630 for the period from March
3, 2020 through the completion of services for the fiscal year ending on June 30, 2021,
for a total amount not to exceed $371,260 subject to non -substantive changes approved
by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This Consent Item 25B - Agreement No. 2020-035 was approved.
25C. APPROVE AN AGREEMENT WITH SO CAL RIDES, LLC. FOR CARNIVAL
SERVICES AT CITY EVENTS FOR AN AMOUNT PAYABLE TO THE CITY OF 25
PERCENT OF GROSS SALES (30 PERCENT FOR ADVANCE SALES) WITH FUNDS
DRAFT CITY COUNCIL MINUTES 1 U -1 O MARCH 3, 2020
TO BE DEPOSITED IN THE GENERAL FUND — Parks, Recreation and Community
Services Agency
MOT/ON: Authorize the City Manager to execute an agreement with So Cal Rides, LLC
for carnival services at City events for an amount payable to the City of 25 percent of
gross sales (30 percent for advance sales) for the period March 20, 2020 to March 2,
2023 with funds to be deposited in the General Fund, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-XXX).
Motion to adopt authorize the City Manager to execute an agreement with So Cal Rides, LLC for
carnival services at City events for an amount payable to the City of 25 percent of gross sales
(30 percent for advance sales) for the period March 20, 2020 to March 2, 2023 with funds to be
deposited in the General Fund, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-036). Moved by Councilmember Penaloza
seconded by Councilmember Iglesias.
Councilmember Penaloza motioned to adopt item 25C, seconded by Councilmember
Iglesias.
MOTION: Councilmember SECOND: Councilmember Iglesias
Penaloza
VOTE: AYES:
AIBSTAIN:qW
ABSENT:
Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (7)
None (0)
None (0)
None (0)
25D. APPROVE AN AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC.
FOR TRAFFIC CONTROL EQUIPMENT AND SERVICES AT CITY EVENTS FOR AN
ANNUAL AMOUNT NOT TO EXCEED $165,000, FOR A TOTAL AGREEMENT
AMOUNT OF $495,292.89 TO BE FUNDED BY THE GENERAL FUND — Parks,
Recreation and Community Services Agency; Police Department and Community
Development Agency
MOT/ON: Authorize the City Manager to execute an agreement with California Barricade
Rentals, Inc. for traffic control equipment and services at City events for an annual
amount not to exceed $165,000 and a total agreement amount of $495,292.89 for the
period March 3, 2020 to March 2, 2023 to be funded by the General Fund, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
Motion to Approve Authorize the City Manager to execute an agreement with California
Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual
DRAFT CITY COUNCIL MINUTES 1 O -1 1 MARCH 3, 2020
amount not to exceed $165,000 and a total agreement amount of $495,292.89 for the period
March 3, 2020 to March 2, 2023 to be funded by the General Fund, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-2020-037). Moved
by Councilmember Penaloza seconded by Mayor Pro Tern Villegas.
Councilmember Penaloza motioned to approve item 25D, seconded by Mayor Pro Tern
Villegas.
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
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)
25E. APPROVE AGREEMENTS WITH CALIFORNIA BARRICADE RENTALS, INC.
AND STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. FOR ON -CALL TRAFFIC
CONTROL SERVICES AND EQUIPMENT RENTAL FOR A THREE YEAR PERIOD IN
AN AMOUNT NOT TO EXCEED $300,000 — Public Works Agency
MOT/ON: Authorize the City Manager to execute agreements with California Barricade
Rentals, Inc. and Statewide Traffic Safety and Signs, Inc. to provide on -call traffic control
services and equipment rental for a three-year period beginning March 3, 2020 and
expiring on March 2, 2023, with a provision for one two-year extension exercisable by the
City Manager and City Attorney, for a total aggregate amount not to exceed $300,000,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX and Agreement No. A-2020-XXX).
This Consent Item 25E - Agreement No. 2020-038 and 2020-039 was approved.
25F. APPROVE AN AGREEMENT WITH HCI SYSTEMS, INC. IN THE AMOUNT OF
$245,422 TO REPLACE A FIRE PANEL AT THE POLICE DEPARTMENT JAIL
FACILITY, ESTIMATED DELIVERY COST $255,422 (SPECIFICATION NO. 19-116)
(GENERAL FUND) - Public Works Agency and Police Department
Authorize the City Manager to execute an agreement with HCI Systems, Inc. for
the purchase and installation of an Edwards EST-3 fire alarm panel at the Santa
Ana Jail, for the term beginning March 4, 2020 and expiring on December 31,
2020, with a provision for a one-year extension exercisable by the City Manager
and City Attorney, in an amount not to exceed $245,422 which includes a
DRAFT CITY COUNCIL MINUTES 1 U4-12 MARCH 3, 2020
contingency of $10,000, subject to non -substantive changes approved by the
City Manager and the City Attorney (Agreement No. A-2020-XXX).
Approve the Project Cost Analysis for a total estimated construction delivery cost
of $255,422, which includes $235,422 for purchase and installation and a
$10,000 project contingency, and $10,000 for contract administration, inspection
and testing.
This Consent Item 25F - Agreement No. 2020-040 was approved.
25G. APPROVE LEGAL SERVICES AGREEMENT WITH RUTAN & TUCKER LLP
FOR LAND USE AND CALIFORNIA ENVIRONMENTAL QUALITY ACT LITIGATION
SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 — City Attorney's Office and
Planning and Building Agency
MOT/ON: Authorize the City Manager to execute an agreement for legal services with the
law firm of Rutan & Tucker, LLP ("Rutan") for land use and California Environmental
Quality Act ("CEQA") litigation services, effective March 3, 2020 until March 2, 2023, with
a provision for a one-year extension exercisable by the City Manager and City Attorney in
an amount not to exceed $150,000, subject to non -substantive changes approved by the
City Manager and the City Attorney (Agreement No. A-2020-XXX).
This Consent Item 25G - Agreement No. 2020-041 was approved.
Mayor Pulido announced that the Oath of Office would be taken out of order prior to Item
29A.
MISCELLANEOUS - BUDGET
29A. APPROVE A SOLE SOURCE PURCHASE ORDER TO THE NATIONAL
FITNESS CAMPAIGN, LLC (NFC) FOR THE PURCHASE OF A NFC FITNESS
COURT AT DELHI AND ROSITA PARKS FOR AN AMOUNT NOT TO EXCEED
$218,130 TO BE FUNDED BY THE GENERAL FUND — Parks, Recreation and
Community Services Agency
MOT/ON: Authorize the City Manager to execute a sole source purchase order to the
National Fitness Campaign, LLC (NFC) for a NFC Fitness Court at Delhi and Rosita
Parks for an amount not to exceed $218,130, funded by the General Fund, subject to
non -substantive changes approved by the City Manager and City Attorney.
Motion to adopt to authorize the City Manager to execute a sole source purchase order to the
National Fitness Campaign, LLC (NFC) for a NFC Fitness Court at Delhi and Rosita Parks for
an amount not to exceed $218,130, funded by the General Fund, subject to non -substantive
changes approved by the City Manager and City Attorney. Moved by Councilmember Penaloza
seconded by Councilmember Sarmiento.
Councilmember Penaloza motioned to adopt Item 29A, seconded by Councilmember
Sarmiento.
DRAFT CITY COUNCIL MINUTES 1 U } _ 1 3 MARCH 3, 2020
MOTION
11911A=F
Councilmember
Penaloza
AYES:
NOES:
SECOND: Councilmember Sarmiento
Mayor Pulido, Mayor Pro
Councilmember Bacerra,
Iglesias, Councilmember
Councilmember Sarmiento,
Solorio (7)
None (0)
ABSTAIN: None (C
ABSENT: None (C
END OF CONSENT CALENDAR I(
ADMINISTER OATH OF OFFICE TO:
Tern Villegas,
Councilmember
Penaloza,
Councilmember
1. CIELO ECHEGOYEN, YOUTH COMMISSIONER
2. CORY NELSON, RECREATION AND PARKS BOARD
MEMBER
Clerk of the Council, Daisy Gomez, administered the Oath of Office to Cielo Echegoyen,
Youth Commissioner.
BUSINESS CALENDAR
RESOLUTIONS
55A. ADOPT A RESOLUTION DECLARING CITY -OWNED PROPERTY AT 203-205
W. CIVIC CENTER DRIVE (YMCA BUILDING) AS SURPLUS LAND AND DIRECTING
THE CITY MANAGER TO COMPLY WITH REQUIREMENTS OF GOVERNMENT
CODE 54220 FOR SALE OF SURPLUS LAND — Community Development Agency
MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DECLARING CITY -OWNED PROPERTY LOCATED AT 203-205 W.
CIVIC CENTER DRIVE, AS SURPLUS LAND AND DIRECTING THE CITY MANAGER
TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON
JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND
Motion to adopt RESOLUTION NO. 2020-014 ENTITLED: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTAANA DECLARING CITY -OWNED PROPERTY LOCATED
AT 203-205 W. CIVIC CENTER DRIVE, AS SURPLUS LAND AND DIRECTING THE CITY
MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED ON
DRAFT CITY COUNCIL MINUTES 104_ 1 4 MARCH 3, 2020
JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND moved by Councilmember Penaloza
seconded by Councilmember Sarmiento.
Councilmember Penaloza motioned to adopt 55A, seconded by Councilmember
Sarmiento.
MOTION
VOTE:
Councilmember
Penaloza
AYES:
kiP7: &5
ABSTAIN
ABSENT:
SECOND: Councilmember Sarmiento
Mayor Pulido, Mayor Pro
Councilmember Bacerra,
Iglesias, Councilmember
Councilmember Sarmiento,
Solorio (7)
None (0)
None (0)
None (0)
Tern Villegas,
Councilmember
Penaloza,
Councilmember
55B. ADOPT A RESOLUTION APPROVING A ONE-YEAR EXTENSION OF
THE VARIANCE NO. 2017-09 AND TENTATIVE TRACT MAP NO. 2017-03 FOR THE
TOM'S TRUCKS DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH
STREET - Planning and Building Agency
MOT/ON: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA FOR THE ONE YEAR EXTENSION OF VARIANCE NO. 2017-09 AND
TENTATIVE TRACT MAP NO. 2017-03 FOR THE TOM'S TRUCKS RESIDENTIAL
DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH STREET
Motion to Adopt RESOLUTION NO. 2020-015 ENTITLED: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FOR THE ONE YEAR EXTENSION OF VARIANCE
NO. 2017-09 AND TENTATIVE TRACT MAP NO. 2017-03 FOR THE TOM'S TRUCKS
RESIDENTIAL DEVELOPMENT TO BE LOCATED AT 1008 EAST FOURTH STREET. Moved
by Councilmember Bacerra seconded by Mayor Pro Tem Villegas.
Councilmember Bacerra motioned to adopt item 55B, seconded by Mayor Pro Tern
Villegas.
Jdf]I I P] L
VOTE:
Councilmember
Bacerra
AYES:
NOES:
SECOND: Mayor Pro Tern Villegas
Mayor Pulido, Mayor Pro
Councilmember Bacerra,
Iglesias, Councilmember
Councilmember Sarmiento,
Solorio (7)
None (0)
Tern Villegas,
Councilmember
Penaloza,
Councilmember
DRAFT CITY COUNCIL MINUTES 1 U4-15 MARCH 3, 2020
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS - BUSINESS
60A. APPROVE THE FISCAL YEAR 2020-2022 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR A TOTAL AMOUNT OF $7,560,549 - Community
Development Agency Continued from the February 18, 2020 City Council meeting by a
vote of 6-0 (Sarmiento absent).
1. Approve the proposed fiscal Year 2020-2021
Community Development Block Grant Program in the
estimated amount of $7,560,549, subject to
adjustment upon notification of the Grant Year 2020
and 2021 award from the United States Department
of Housing and Urban Development. The estimated
amount of $7,560,549 includes $5,701,154 from the
Grant Year 2020 allocation, re -allocation of prior year
program funds in the amount of $1,004,222, and
$855,173 from 2021 Grant Year allocation for public
services from the United States Department of
Housing and Urban Development.
3,Community
Direct the City Attorney to finalize and authorize the
City Manager to execute memorandums of
understanding with various city departments awarded
funds as part of the approved Community
Development Block Grant Program for a term
beginning July 1, 2020 through June 30, 2021,
subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. A-
2020-XXX).
Direct the City Attorney to finalize and authorize the
City Manager to execute agreements with non-profit
organizations awarded funds as part of the approved
Development Block Grant Program for a
two-year term beginning July 1, 2020 through June
30, 2022, subject to non -substantive changes
approved by the City Manager and City Attorney.
Funding for Public Services approved for Fiscal Year
2020-2021 will be renewed at the same award
amount for 2021-2022 subject to review of the non-
profit organization's performance (Agreement No. A-
2020-XXX).
DRAFT CITY COUNCIL MINUTES 1 U } _ 1 6 MARCH 3, 2020
Mayor Pro Tern Villegas motioned for the original amounts to be reinstated to the
Women's Journey Foundation and Ralampago del Cielo and direct staff to find new
funding for the Summer Night Lights program.
PUBLIC COMMENT
Dr. Ana Jimenez-Hami spoke in support of funding the Orange County Children's
Therapeutic Arts Center.
Councilmember Sarmiento requested to enhance funding toward the Delhi Center
assistance.
Councilmember Solorio requested that staff consider bringing back the item to fund
additional asks by other means.
City Manager Kristine reviewed Council's request from the prior meeting and noted
changes made which entailed the fund reduction of two organizations to fund the Summer
Night Lights program.
Motion to amend original amounts to be reinstated to the Women's Journey Foundation
and Ralampago del Cielo and direct staff to find new funding for the Summer Night
Lights program and Delhi Center. Moved by Mayor Pro Tern Villegas seconded by
Councilmember Sarmiento.
Councilmember Bacerra requested that staff bring back to Council the details of where
the funding will come from.
Motion to approve amended item 60A, Fiscal Year 2020-2022 Community Development Block
Grant Program for a total amount of $7,560,549: 1. Approve the proposed Fiscal Year 2020-
2021 Community Development Block Grant Program in the estimated amount of $7,560,549,
subject to adjustment upon notification of the Grant Year 2020 and 2021 award from the United
States Department of Housing and Urban Development. The estimated amount of $7,560,549
includes $5,701,154 from the Grant Year 2020 allocation, re -allocation of prior year program
funds in the amount of $1,004,222, and $855,173 from 2021 Grant Year allocation for public
services from the United States Department of Housing and Urban Development. 2. Direct the
City Attorney to finalize and authorize the City Manager to execute memorandums of
understanding with various city departments awarded funds as part of the approved Community
Development Block Grant Program for a term beginning July 1, 2020 through June 30, 2021,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-042). 3. Direct the City Attorney to finalize and authorize the City
Manager to execute agreements with non-profit organizations awarded funds as part of the
approved Community Development Block Grant Program for a two-year term beginning July 1,
2020 through June 30, 2022, subject to non -substantive changes approved by the City Manager
and City Attorney. Funding for Public Services approved for Fiscal Year 2020-2021 will be
renewed at the same award amount for 2021-2022 subject to review of the non-profit
organization's performance (Agreement No. A-2020-043). 4. Direct staff to find additional
funding for Summer Night Lights and the Delhi Center. Moved by Councilmember Penaloza
seconded by Councilmember Iglesias.
DRAFT CITY COUNCIL MINUTES 1 U4-17 MARCH 3, 2020
Councilmember Penaloza motioned to approve item 60A as presented and direct staff to
find additional funding for Summer Night Lights and the Delhi Center, seconded by
Councilmember Iglesias.
MOTION
VOTE:
Councilmember
Penaloza
AYES:
ki IQ: &S
ABSTAIN
ABSENT:
SECOND: Councilmember Iglesias
Councilmember Bacerra, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Solorio (4)
Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Sarmiento (3)
None (0)
None (0)
60B. APPROVE ISSUANCE OF THE DRAFT SOLID WASTE SERVICES REQUEST
FOR PROPOSALS, APPROVE A ONE-YEAR EXTENSION OF THE SOLID WASTE
SERVICES AGREEMENT WITH WASTE MANAGEMENT, AND AUTHORIZE A
PROPOSITION 218 PROCESS - Public Works Agency
3a)
Approve issuance of the Draft Solid Waste Services
Request for Proposals to maintain the established
implementation timeline, subject to non -substantive
;changes.
Approve a one-year extension June 30, 2021 through
June 30, 2022 of the Solid Waste Services agreement
With Waste Management that includes alternate
programming for green waste diversion to maintain
compliance with State legislation (Agreement No. A-
2020-XXX).
Authorize and direct staff to prepare all required
documents necessary to proceed with notification of
proposed refuse rate adjustments in compliance with
Proposition 218 requirements, including, but not
limited to, the following:
Prepare and mail proposed rate adjustment notices to all Santa Ana property
owners with cart service in compliance with Proposition 218 requirements at cost
not to exceed $20,000;
3b) Schedule a public hearing at a future Council meeting, on or after April 21, 2020;
3c) Prepare all other documents required to proceed with proposed refuse rate
adjustments.
DRAFT CITY COUNCIL MINUTES 1 U } _ 1 8 MARCH 3, 2020
Motion to continue for two weeks to the March 17, 2020, City Council meeting. Moved by Mayor
Pro Tern Villegas seconded by Councilmember Bacerra.
Mayor Pro Tern Villegas motioned to continue item 60B, seconded by Councilmember
Bacerra.
MOTION: Mayor Pro SECOND: Councilmember Bacerra
Tern
Villegas
VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas,
Councilmember Bacerra, Councilmember
Iglesias, Councilmember Penaloza,
Councilmember Solorio (6)
NOES: None (0)
ABSTAIN: None (0),,.
ABSEN Councilmember SarmieN(1)
REPORTS
65A. DISCUSS THE FEASIBILITY OF A DOG PARK AT CENTENNIAL PARK AND
PROVIDE DIRECTION TO STAFF — Parks, Recreation and Community Services
Agency
MOT/ON: Discuss the feasibility of a dog park at Centennial Park and provide direction to
staff.
Councilmembers provided direction to staff to bring back to Council Dog Park options and
include an educational component for pet owners.
Mayor Pulido left the meeting at 7:29 p.m.
75A. PUBLIC HEARING -APPROVE A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH THRIVE SANTA ANA, INC. AND A NINETY-NINE YEAR
GROUND LEASE FOR THE DEVELOPMENT OF A MICROFARM AT 1901 W
WALNUT AVENUE (APN# 007-332-08) -Community Development Agency Legal
Notice published in the Orange County Reporter on February 21, 2020.
1. Conduct a Public Hearing required pursuant to
California Government Code 53083.
2. Authorize the City Manager to execute a Disposition
and Development Agreement with THRIVE, Santa
DRAFT CITY COUNCIL MINUTES 1 U4-19 MARCH 3, 2020
Ana, Inc. for the development of a microfarm at 1901
W Walnut Street and to execute a 99-year Ground
Lease, at a lease rate of one dollar per month, upon
the terms and conditions contained in the
Development and Disposition Agreement, subject to
non -substantive changes approved by the City
Manager and the City Attorney (Agreement No. A-
2020-XXX).
Iall:II[SZKe]81IVAl:11►11
Applicant Luis Sarmiento spoke in support of the item.
Seeing no one else wishing to speak, Mayor Pro Tern Villegas opened and closed the
public hearing at 7:51 p.m.
Motion to approve to authorize the City Manager to execute a Disposition and Development
Agreement with THRIVE, Santa Ana, Inc. for the development of a microfarm at 1901 W Walnut
Street and to execute a 99-year Ground Lease, at a lease rate of one dollar per month, upon the
terms and conditions contained in the Development and Disposition Agreement, subject to non -
substantive changes approved by the City Manager and the City Attorney (Agreement No. A-
2020-044). Moved by Councilmember Bacerra seconded by Councilmember Penaloza.
Councilmember Bacerra motioned to approve item 75A, seconded by Councilmember
Penaloza.
MOTION
Councilmember
Bacerra
AYES:
ABSENT:
SECOND: Councilmember Penaloza
Mayor Pro Tern Villegas, Councilmember
Bacerra, Councilmember Iglesias,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio (6)
None (0)
None (0)
Mayor Pulido (1)
75B. PUBLIC HEARING - APPROVE SALES TAX SHARING AGREEMENT WITH
TACENERGY — Community Development Agency Legal Notice published in the Orange
County Reporter on February 21, 2020.
MOT/ON: Conduct a public hearing and authorize City Manager to execute the Sales Tax
Sharing Agreement with TACenergy for continued operation of the company's sales office
in Santa Ana, for the period of April 1, 2020 through December 31, 2045, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
DRAFT CITY COUNCIL MINUTES 104-20 MARCH 3, 2020
Seeing no one wishing to speak, Mayor Pro Tern Villegas opened and closed the public
hearing at 8:05 p.m.
Motion to adopt to conduct a public hearing and authorize City Manager to execute the Sales
Tax Sharing Agreement with TACenergy for continued operation of the company's sales office
in Santa Ana, for the period of April 1, 2020 through December 31, 2045, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-
045). Moved by Councilmember Solorio seconded by Councilmember Bacerra.
Councilmember Solorio motioned to adopt item 75B, seconded by Councilmember
Bacerra.
MOTION: Councilmember SECOND: Councilmember Bacerra
Solorio
VOTE: AYES: Mayor Pro Tern Villegas, Councilmember
Bacerra, Councilmember Iglesias,
Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio (6)
NOES: None (0) \(1)
ABSTAIN: None (0)
ABSENT: Mayor Pulido
COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member
of the City Council may place items on the City Council Agenda to be considered by the
City Council. Only action available to City Council is to provide direction to City
Manager.
85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DIRECT
STAFF TO TAKE ACTION, INCLUDING BUT NOT LIMITED TO, PREPARING A
LETTER -WRITING CAMPAIGN TO STATE LEGISLATORS AND WORKING
DIRECTLY WITH LEGISLATORS TO URGE THE REPEAL OF ASSEMBLY BILL 109,
PROPOSITION 47, AND PROPOSITION 57, WHICH HAVE CAUSED AN EPIDEMIC
OF CRIME, DRUGS, WASTE, AND DISTURBANCES IN OUR COMMUNITY -
Councilmembers Iglesias and Penaloza
Council supports with no objections and provided direction to City staff.
85B. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO RETURN TO
THE CITY COUNCIL WITH OPTIONS AND RECOMMENDATIONS TO PROTECT
AND ENSURE THE SAFETY OF THE RESIDENTS OF SANTA ANA, SUCH AS BY
TAKING ACTION TO SUPPORT THE CITY OF COSTA MESA IN THEIR OPPOSITION
TO THE TRANSPORTING OF PERSONS INFECTED WITH OR EXPOSED TO THE
DRAFT CITY COUNCIL MINUTES 104-21 MARCH 3, 2020
CORONAVIRUS TO ANY PLACE WITHIN COSTA MESA UNTIL AN ADEQUATE SITE
SURVEY HAS BEEN CONDUCTED, THE DESIGNATED SITE HAS BEEN
DETERMINED SUITABLE FOR THIS PURPOSE, ALL NECESSARY SAFEGUARDS
AND PRECAUTIONS HAVE BEEN PUT IN PLACE, AND THE PUBLIC AND LOCAL
GOVERNMENT HAVE BEEN INFORMED OF ALL EFFORTS TO MITIGATE RISK OF
TRANSMISSION OF THE DISEASE - Councilmember Penaloza
Council supports with no objections and provided direction to City staff.
COMMENTS
PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to
Basic City Council Meeting Information page for details).
Donna Rosalie Carranza spoke in support keeping the Mental Health Association open.
Kathleen Bagley spoke in support of keeping the Mental Health Association open.
Councilmember Solorio left the meeting at 8:26 p.m.
Lili Graham spoke in support of keeping the Mental Health Association open and dismiss
the lawsuit.
Heide Joya spoke in support of keeping the Mental Health Association open and dismiss
the lawsuit.
90A. CITY MANAGER'S COMMENTS
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Bacerra made community announcements.
Councilmember Sarmiento made community announcements.
Councilmember Penaloza made community announcements.
Councilmember Iglesias made community announcements.
Mayor Pro Tern Villegas made community announcements.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
March 17, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed by
the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Mayor Pro Tern Villegas adjourned the City Council meeting at 8:44 p.m.
DRAFT CITY COUNCIL MINUTES 1 U4_22 MARCH 3, 2020
FUTURE AGENDA ITEMS
Ir:Eel :70Ito] ►12_l:7:gOil :4241►nwell a9:i alx011
PARK SECURITY UPDATE
DRAFT CITY COUNCIL MINUTES 1 U4-23 MARCH 3, 2020