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HomeMy WebLinkAbout2018-01-16 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 16, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:24 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES (5:24 P.M.) VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — • Evelyn Torres, spoke on the disposition of property on Daisy and Walnut; request non- profit develop site for benefit of the community. • Jose Arguello, Paola Robles, Isabel Lopez, Nancy Mejia and Dionicia Robles all echoed same comments. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:29 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: CITY COUNCIL MINUTES 1 JANUARY 16, 2018 CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (3 cases) LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Stephen Ahearn v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8308023; ADJ10853342 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuantto Government Code Section 54956.8: Address of Property: Negotiators: Terms: Address of Property Negotiators: Terms: YMCA Property 205 West Civic Center Drive Santa Ana, CA 92701 Robert M. Zur Schmiede Purchase Option Agreement Daisy and Walnut Property 1901 W. Walnut St. Santa Ana, CA 92701 Robert Cortez Potential disposition of property CLOSED SESSION REPORT — See Agenda Item 19A for any reportable action. ADJOURNED THE CLOSED SESSION MEETING AT 6:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 16, 2018 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:58 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council AVERY AND CHLOE SHELTON CURTIS SMITH. POLICE CHAPLAIN • SPECIAL PRESENTATION by Dennis Wootan, Chairman of the Personnel Board • PROCLAMATION presented by MAYOR PRO TEM MARTINEZ recognizing OneOC for 19 Years of Service on Martin Luther King Jr. Day, in Orange County. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO and COUNCILMEMBER SOLORIO to Eric Woolery, Orange County Auditor - Controller in recognition of his contributions to the community with Taxpayer Watchdog Program. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Armando 'Mando' Esparza, Laborers' Local 652, in recognition of the occasion of his retirement. CITY COUNCIL MINUTES 3 JANUARY 16, 2018 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Crime Survivors, Inc., in recognition of the opening of the Orange County Crime Victim Resource Center. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Arlyn Shelton of Cesar E. Chavez High School, Sofia Cuevas of Santa Ana High School, and Tom Erikson of Santa Ana High School, in recognition of their outstanding contributions as teachers in the community. • PROCLAMATION presented by COUNCILMEMBER VILLEGAS recognizing the Parent Union for National School Choice Week. PUBLIC COMMENTS • Ilya Tseglin, requested assistance in removing his son from the Ward of the State. • Robert Tseglin, echoed comments by his father, Ilya. CLOSED SESSION REPORT - City Attorney Carvalho reported items listed under 19A on Consent Calendar. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 32A with the following modifications: Mayor Pro Tem Martinez dissented on Agenda Items 11A, 19D and 25G; and pulled Agenda Items 13A, 19C, 19E, and 25B for separate discussion; Councilmember Sarmiento, abstained on Agenda Item 11A and pulled Agenda Item 25E for separate discussion; and Councilmember Solorio, pulled Agenda Items 20B, 25E, 25G for separate discussion. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS CITY COUNCIL MINUTES 4 JANUARY 16, 2018 MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 19, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 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. 11A. ORDINANCE SECOND READING: ADOPT AN ORDINANCE APPROVING AMENDMENT APPLICATION NO. 2017-03 REZONING THE PROPERTIES LOCATED AT 2223 AND 2237 WEST FIFTH STREET FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENCE (R1/R2) TO SPECIFIC DEVELOPMENT (SD) NO. 92 (AA NO. 2017-03) AND ADOPTING SPECIFIC DEVELOPMENT NO. 92 (SD -92) FOR SAID PROPERTIES {STRATEGIC {STRATEGIC PLAN NO, 5, 1} - Clerk of the Council Office Placed on first reading at the December 19, 2017 City Council meeting and approved by a vote of 4-2 (Martinez and Tinajero dissented; Sarmiento abstained). Published in the Orange County Reporter on January 5, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2935 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2017-03 REZONING THE PROPERTIES LOCATED AT 2223 AND 2237 WEST FIFTH STREET FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENCE (R1/R2) TO SPECIFIC DEVELOPMENT (SD) NO. 92 (AA NO. 2017-03) AND ADOPTING SPECIFIC DEVELOPMENT NO. 92 (SD -92) FOR SAID PROPERTIES *Mayor Pro Tem Martinez and Councilmember Tinajero dissented on Agenda Item 11A and Councilmember Sarmiento abstained. 11B. ORDINANCE SECOND READING: ADOPT AN ORDINANCE AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 2-101 CONCERNING THE AUTHORITY OF THE MAYOR PRO TEM TO EXECUTE CONTRACTS {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office CITY COUNCIL MINUTES 6 JANUARY 16, 2018 Placed on first reading at the December 19, 2017 City Council meeting and approved by a vote of 6-0 (Pulido absent). Published in the Orange County Reporter on January 5, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO NS -2936 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 2-101 CONCERNING THE AUTHORITY OF THE MAYOR PRO TEM TO EXECUTE CONTRACTS 11 C. ORDINANCE SECOND READING: ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO INNOVATIVE HOUSING / SMALL LOT SUBDIVISIONS [STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Placed on first reading at the December 19, 2017 City Council meeting and approved by a vote of 4-0 (Sarmiento, Tinajero, Pulido absent) Published in the Orange County Reporter on January 5, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2937 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMALL LOT SUBDIVISIONS BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEE NO. 5, 11 - Clerk of the AND MINUTES (STRATEGIC PLAN' Mayor Pro Tem Martinez provided summary of Economic Development Council Committee. MOTION: Receive and file. NAME DATE Economic Development Infrastructure, Budget and Technology Committee Public Safety, Code Enforcement and MEETING 01/08/2018 01/09/2018 CITY COUNCIL MINUTES 6 JANUARY 16, 2018 Neighborhood Empowerment Committee 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 reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A, CERTIFICATION AND APPROVAL OF FINAL PARCEL MAP NO. 2016- 177 BY CITY ENGINEER - 1701 EAST SAINT ANDREW PLACE {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: • LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Settlement in the amount of $65,000 in the Stephen Ahearn v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ8308023; ADJ10853342 matter approved unanimously. • CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: YMCA Property 205 West Civic Center Drive Santa Ana, CA 92701 Negotiators: Robert M. Zur Schmiede, Interim Director Terms: Purchase Option Agreement Council Action: Direction provided. Address of Property Daisy & Walnut property 1901 W. Walnut St. Santa Ana, CA 92701 Negotiators: Robert Cortez, Deputy City Manager Terms: Potential disposition of property Council Action: Negotiate Exclusive Negotiation Agreement (ENA) with THRIVE Community Land Trust 19B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 7 JANUARY 16, 2018 19C. PUBLIC WORKS AGENCY 'STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR DECEMBER 2017 {STRATEGIC PLAN NO. 5, 1} - Public Works Agency Mayor Pro Tem Martinez, provided an update on Capital Improvement Program projects. Thanked staff for their work and noted upcoming projects at the Santa Ana Zoo, South Main Street Corridor Improvement, and Civic Center Bike Corridor project. MOTION: Receive and file. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 19D. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2017 AND RELATED FINANCIAL REPORTS {STRATEGIC PLAN NO. 4, 1) — Finance and Management Services Agency MOTION: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2017: 1. Comprehensive Annual Financial Report 2. Air Quality Management District (AQMD) Financial Statements 3. Appropriations Limit (GANN Limit) 4. Compliance with the Statement of Investment Policy *Mayor Pro Tem Martinez dissented on Agenda Item 19D. 19E. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER, 2017 (STRATEGIC PLAN NO. 5, 1) - City Manager's Office Mayor Pro Tem Martinez, requested staff update on 2017 highlights; identify next steps for Plan that expires in June of 2019, and noted that Sunshine Ordinance requires at least one general public meeting. CITY COUNCIL MINUTES 8 JANUARY 16, 2018 Deputy City Manager Robert Cortez provided City Council with an update of the strategic plan. Noted strategic plan has entered its third year, over sixty-five strategies accomplished, expiration date of June 2019, and need for new five-year strategic plan. MOTION: Receive and file. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 19F. QUARTERLY REPORT OF CONTRACTS FROM OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 {{STRATEGIC PLAN NO. 4, 1} — City Manager's Office MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE A CONTRACT AWARD WITH GAMETIME FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR CHEPAS PARK AND AN APPROPRIATION ADJUSTMENT TO RECOGNIZE AND APPROPRIATE PRIOR YEAR REVENUE {STRATEGIC PLAN NO. 6, 1 B} — Parks, Recreation and Community Services Agency MOTION: 1. Authorized a one-time purchase and payment of purchase order to GameTime to provide playground equipment at Chepa's Park in an amount not to exceed $30,559.88, which includes a 10% contingency, subject to non substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 9 JANUARY 16, 2018 APPROPRIATION ADJUSTMENT NO. 2018-063 - Approve an appropriation adjustment recognizing District 2 Acquisition and Development revenue from prior years in the amount of $75,000 in the Residential Development District 2 revenue account (no. 31213002 50001) and appropriating funds to the Residential Development District 2 expenditure account (no. 31213260 66220). 20B. APPROVE A SECOND AMENDMENT TO AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT FOR REIMBURSEMENT OF CONSTRUCTION COST FOR ROOSEVELT/WALKER SITE AND APPROPRIATION ADJUSTMENT TO RECOGNIZE AND APPROPRIATE PRIOR YEAR REVENUE {STRATEGIC PLAN NO. 5, 4A} — Parks, Recreation and Community Services Agency Councilmember Solorio, requested an update on the project Executive Director of Parks, Recreation and Community Services Gerardo Moet noted Santa Ana Unified School District requested additional funding for landscaping, existing reimbursement agreement requiring additional funding, and resulting delay of the ribbon cutting ceremony. MOTION.- Authorize OTION. Authorize the City Manager and Clerk of the Council to execute a Second Amendment to the reimbursement agreement with Santa Ana Unified School District for the reimbursement of construction costs of the Roosevelt/Walker site improvements by increasing the amount of park acquisition & development funds provided by $400,000, for a total amount of $7,917,509, subject to non - substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-001) 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-062 - Approve an appropriation adjustment for FY 17/18 to recognize $350,000 from prior year fund balance and appropriate $277,420 into Residential Development District 2 and $72,580 into Residential Development District 3. The remaining $50,000 has already been appropriated in the FY 17/18 City Budget. MOTION: Solorio VOTE: AYES: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) CITY COUNCIL MINUTES 10 JANUARY 16, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 20C. APPROPRIATION ADJUSTMENT AND AMENDED AND RESTATED EXCLUSIVE NEGOTIATION AGREEMENT AND AMENDED REIMBURSEMENT AGREEMENT WITH CARIBOU INDUSTRIES FOR THE THIRD STREET AND BROADWAY DEVELOPMENT {STRATEGIC PLAN NO. 3, 5A) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute a Second Amended and restated Exclusive Negotiation Agreement (ENA) and a First Amendment to Reimbursement Agreement with Caribou Industries for the Third and Broadway development, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NOS. 2018-002 AND 2018-003) 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-064 - Approve an appropriation adjustment recognizing $100,000 in Miscellaneous Revenue Expense Reimbursement account (no. 01102002-57000) and appropriate the same amount to the Community Development Agency's Economic Development Contract Services expenditure account (no. 01118810-62300) for the reimbursement agreement with Caribou Industries. 20D. APPROVE PURCHASE AGREEMENT OF VACANT LAND FOR FUTURE WATER WELL FACILITY (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the real property located at 651-657 E. Washington Avenue (APNs 398-150-02 and 398-152-16), and goodwill, if any, with Pacific Legacy Real Estate & Investments, Inc., in an amount of $1,083,750, subject to non -substantive changes approved by the City Manager and City Attorney: (AGMT NO. 2018-004) CITY COUNCIL MINUTES 11 JANUARY 16, 2018 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-060 - Approve an Appropriation Adjustment recognizing $1,083,750 from prior year fund balance in the Public Works Water revenue account, and appropriating the same into the Water Utility Water Production and Supply expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. CONTRACT AMENDMENT WITH GRAINGER, INC. FOR MAINTENANCE, REPAIR AND OPERATING TOOLS, EQUIPMENT AND SUPPLIES (SPEC. NO. 15-003) (STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency MOTION: Amend the contract with Grainger, Inc. for the purchase of non -inventory maintenance, repair and operating tools, equipment and supplies by $45,000 for an annual amount not to exceed $130,000, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. AWARD BLANKET ORDER CONTRACT TO HOME DEPOT FOR CONSTRUCTION, MAINTENANCE AND REPAIR MATERIALS AND SUPPLIES (SPEC. NO. 17-121) {STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency MOTION: Award a contract to Home Depot for the purchase of construction, maintenance and repair materials and supplies for a two-year period with provision for three one-year renewals, in an annual amount not to exceed $125,000, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. AWARD BLANKET PURCHASE ORDER CONTRACTS FOR PROMOTIONAL ITEMS AND SERVICE AWARD (SPEC. NO. 17-125) {STRATEGIC PLAN NO. 7,2) - Finance and Management Services Agency MOTION: Award blanket purchase order contracts for promotional items and service awards for a two-year period expiring January 31, 2020, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount not to exceed $75,000, subject to CITY COUNCIL MINUTES 12 JANUARY 16, 2018 non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Authentic Promotions.com Carmichael Geri's Screenprinting, LLC San Bernardino Promotethis! Huntington Beach TIE Consulting, Inc. Rancho Cucamonga PROJECTS - MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23A. AWARD CONTRACT TO KLASSIC ENGINEERING & CONSTRUCTION, INC., FOR SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) RESTROOM RENOVATION (PROJECT NO. 15-7538) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency MOTION: 1. Award a contract to Klassic Engineering & Construction, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1 and 2 in the total amount of $296,735, for the term beginning upon execution of the contract and ending upon project completion, for the Santa Ana Regional Transportation Center Restroom Renovation project, and authorize the City Manager and Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $370,919, which includes the contract base bid plus Additive Alternates 1 and 2, administration, inspection and testing, and an authorized contingency of $29,674. 25A. AGREEMENT WITH U.S. NATIONAL CORPORATION FOR WATER PRODUCTION FACILITY PAINTING (RFP NO. 17-087) {STRATEGIC PLAN NO. 6, 2) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with US National Corporation to provide water production facility painting for a three-year period beginning January 16, 2018, and expiring January 15, 2021, with provisions for a two - CITY COUNCIL MINUTES 13 JANUARY 16, 2018 year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $50,000 annually, for a total amount not to exceed $150,000 for the initial three-year period, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-005) 25B. TWO-YEAR 'EXTENSION OF THE SOLID WASTE CONSULTINGI SERVICES AGREEMENT WITH SLOAN VAZQUEZ MCAFEE, LLC' {STRATEGIC PLAN NO. 4, 1 & 5} — Public Works Agency Mayor Pro Tem Martinez, concerned for not receiving full consulting report from Sloan Vazquez, lack of a zero waste plan, and failure to bring consultants change of scope for approval; need to look at goals, innovative ideas, and new waste management consulting firm through a new request for proposal process. Councilmember Solorio, echoed comments by Mayor Pro Tem; concerned with lack of innovation, improvements to waste management services and fresh approach; have not had innovative ideas or savings. Councilmember Sarmiento, expressed support of retaining a new waste management -consulting firm, possible impact to the timeline; possibility of having current consultant address concerns directly with elected officials and discuss opportunities to incorporate innovative waste services. Executive Director of Public Works Agency, Fred Mousavipour noted that retaining a new waste management consulting would delay the process; provided update on community outreach efforts; also, current consultant has ability to implement innovative waste services and address cost concerns. Councilmember Villegas, stated that elected officials have questions and expectations and should direct communication to the individuals who perform the work. Councilmember Benavides, opined necessity to demonstrate commitment to advancement and progressive initiatives within the City, and being more environmentally friendly; expressed concerns with retaining new waste management consultant - increased fees; need to accelerate waste management services contract. City Manager Godinez, noted that contract is complex, changing scope of work will increase timeframe; may require a Work Study Session to address policy objectives. Sloan Vazquez consultant noted that scope of work revisions have increased budget allocation; commitment to address any concerns raised. CITY COUNCIL MINUTES 14 JANUARY 16, 2018 Mayor Pulido, opined that revised request for proposal could be very specific but also allow bidders to bring forth new ideas and potential to retain a new waste management consultant; concerned with potential to have a higher cost contract awarded. SUBSTITUTE MOTION: Continue matter for two weeks to continue discussion, possibly cure issues raised at the dais and subsequently approve a revised contract for service. MOTION Sarmiento: SECOND: Benavides VOTE: AYES: Benavides, Sarmiento, Tinajero (3) NOES: Martinez, Pulido, Solorio, Villegas (4) ABSTAIN: None (0) ABSENT: None (0) *Motion failed. ORIGINAL MOTION: Direct staff to release a new Request for Proposal to include zero -waste plan, seek input from stakeholders, report to include clear goals and objections, options for innovations and strict timeline. MOTION: Martinez SECOND: Villegas VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4) NOES: Benavides, Sarmiento, Tinajero (3) ABSTAIN: None (0) ABSENT: None (0) 25C. AGREEMENT WITH QUESTICA INC. FOR THE CITYWIDE BUDGET MANAGEMENT SOFTWARE {STRATEGIC PLAN NO. 7, 5A & 5E} — Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Questica, Inc. for the implementation, maintenance and support of the Citywide Budget Management Software for an initial three-year term beginning January 16, 2018 through December 31, 2020, for an amount not -to -exceed $240,264 CITY COUNCIL MINUTES 15 JANUARY 16, 2018 during the first year and an annual not -to -exceed amount of $30,520 thereafter with a provision for a two-year extension exercisable by the City Manager and the City Attorney, in an amount not -to -exceed $61,040 subject to non -substantive changes approved by the City Manager and the City Attorney. (AGMT NO. 2018-006) 25D. AGREEMENT WITH CHARTER COMMUNICATIONS OPERATING, LLC FOR DATA AND VIDEO COMMUNICATION SERVICES {STRATEGIC PLAN NO. 6, 1) — Information Technology Agency MOTION: Approve and authorize the City Manager and Clerk of the Council to execute the attached Agreement with Charter Communications Operating, LLC (doing business as Spectrum), for data and video communication services for a four-year period beginning January 1, 2017 through December 30, 2021 with three optional one-year renewals for an amount not to exceed $300,000 annually or $2,100,000 over the life of the agreement, subject to non - substantive changes and approved by the City Manager and City Attorney. (AGMT NO. 2018-007) 25E. AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH MANNING & KASS ELLROD RAMIREZ TRESTER, LLP RELATED TO POLICE LITIGATION AND PERSONNEL SERVICES {STRATEGIC PLAN NO. 1, 3, 4, 51 —City Attorney's Office Councilmember Sarmiento, motion to restructure agreement to a one-year period to allow termination of the agreement if it is determined performance does not meet expectations. City Attorney Carvalho, noted agreement retains the services of special litigation counsel, standard three-year agreement terms used, and agrees that case may be resolved in one-year. MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Manning & Kass Ellrod Ramirez Trester, LLP related to police litigation and personnel services, for a one year term from January 16, 2018 until January 15, 2019 subject to non - substantive changes approved by the City Manager and the City Attorney. (AGMT NO. 2018-008) MOTION: Sarmiento SECOND: Martinez VOTE: AYES NOES: Benavides, Martinez, Solorio, Villegas (6) None (0) Pulido, Sarmiento, CITY COUNCIL MINUTES 16 JANUARY 16, 2018 ABSTAIN: None (0) ABSENT: Tinajero (1) 25F. AGREEMENT WITH ORANGE COUNTY CONSERVATION CORPS FOR LITTER ABATEMENT AND RECYCLING SERVICES (GRANT FUNDED) {STRATEGIC PLAN NO. 5, 2) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Conservation Corps for litter abatement and recycling services, for an 18 -month period beginning January 16, 2018, and ending on July 15, 2019, in the amount of $79,200, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-009) 25G. FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE OFFICERS ASSOCIATION (SAPOA) {STRATEGIC PLAN NO 4, 61 — Personnel Services Agency Councilmember Solorio, requested staff to clarify if agreement would not add additional short and long-term costs to the City, and potential for an appropriation; need to discuss multiple agreement simultaneously to ensure any cost increase could be addressed in its entirety and necessity to hear this matter in closed session. Interim Executive Director of Personnel Services, Ellen Smiley noted agreement would not create additional cost as this is considered amended language to existing contract. MOTION: Continue consideration of matter for two (2) weeks. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Villegas (5) Martinez (1) None (0) Tinajero (1) CITY COUNCIL MINUTES 17 JANUARY 16, 2018 25H. PROFESSIONAL AGREEMENT WITH GARY LINNEMANN, M.D. TO PROVIDE DEPARTMENT OF TRANSPORTATION (DOT), PRE- EMPLOYMENT, POST -ACCIDENT, AND RANDOM DRUG AND ALCOHOL TESTING SERVICES. {STRATEGIC PLAN NO. 4, 6) — Personnel Services Agency MOTION: Authorize the City Manager and Clerk of Council to execute an agreement with Gary Linnemann, M.D., subject to non -substantive changes approved by the City Manager and City Attorney, to provide Department of Transportation (DOT), Pre-employment, Pre - assignment, Random, Reasonable Suspicion and Post Accident drug and alcohol testing services from November 16, 2017 through November 16, 2018 in an amount not to exceed $12,500. (AGMT NO. 2018-011) 251. AMENDMENT TO AGREEMENT WITH KNOWLWOOD ENTERPRISES, INC. FOR PROVIDING FOOD CONCESSION SERVICES AT THE SANTA ANA ZOO {STRATEGIC PLAN NO. 6, 1131 — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Knowlwood Enterprises, Inc., to extend the term of the agreement on a month-to- month basis for a period not to exceed six months for a monthly fee of $2,800, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-012) 25J. AMENDMENT TO AGREEMENT WITH PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. FOR INFIELD MAINTENANCE AND MISCELLANEOUS SERVICES {STRATEGIC PLAN NO. 6, 1B) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Professional Sports Field Maintenance Services, Inc. for infield maintenance and miscellaneous services in District 4 by modifying the scope to provide additional services, executing the first of two, one-year extensions from February 1, 2018 through January 31, 2019 and increasing the agreement amount by $21,417, which includes a 10% contingency, subject to non -substantive changes approved by the City Manager and the City Attorney. (AGMT NO. 2018-013) 25K. AGREEMENTS WITH AZTECA SYSTEMS FOR ASSET MANAGEMENT SOFTWARE LICENSING AND MAINTENANCE; AND WITH WOOLPERT, INC. FOR DATA COLLECTION AND SOFTWARE CITY COUNCIL MINUTES 18 JANUARY 16, 2018 IMPLEMENTATION SERVICES {STRATEGIC PLAN NO. 6, 11 — Information Technology Agency and Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Azteca Systems for licensing, maintenance, and support for specialized asset management software to be used in the Public Works Agency, for the three-year term beginning January 16, 2018, through January 15, 2021, in an amount not to exceed $75,000 per year, with the option to renew annually after the end of the initial term by payment of the fees for the next maintenance period, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-014) 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Woolpert, Inc., for the collection of asset inventory data and the implementation of specialized asset management software used in the Public Works Agency, for the three-year term beginning January 16, 2018, through January 15, 2021, with the option to renew for two additional two-year terms, exercisable by the City Manager and the City Attorney, in an amount not to exceed $966,033, which includes a contingency of $87,821, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018-015) TENTATIVE PARCEL/TRACT MAPS 32A. TENTATIVE TRACT MAP NO. 2017-02 TO SUBDIVIDE AN EXISTING PARCEL FOR SINGLE-FAMILY STRUCTURES AT 610 SOUTH NEWHOPE STREET - STEVEN JONES, APPLICANT {STRATEGIC PLAN NOS. 3, 2) — Planning and Building Services Agency MOTION: Receive and file the staff report approving Tentative Tract Map No. 2017-02 as conditioned. BUSINESS CALENDAR RESOLUTIONS 55A. FISCAL YEAR 2017 HOMELAND SECURITY GRANT PROGRAM FUNDING {STRATEGIC PLAN NO.1.2, 61 — Police Department CITY COUNCIL MINUTES 19 JANUARY 16, 2018 MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2017 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for all grant related program and project activities, to include planning, organization, equipment, training, exercise, and management and administration costs, with the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area. (AGMT NO. 2018-016) 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-061 - Approve an Appropriation Adjustment recognizing $4,644,000 in the FY 2017 Urban Areas Security Initiative revenue account (no. 12514002- 52001) and appropriate same to expenditures accounts (nos. 12514407 -various). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Villegas (5) None (0) None (0) ABSENT: Solorio, Tinajero (2) 55B. RESOLUTION AND AUTHORIZATION TO CARRY OVER FUNDS TO THE 2019 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM {STRATEGIC PLAN NO. 6, 1 G) —Public Works Agency MOTION: CITY COUNCIL MINUTES 20 JANUARY 16, 2018 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2019 Federal Transportation Improvement Program. 2. Adopt a resolution. RESOLUTION NO. 2018-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS IN THE 2019 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM MOTION: Martinez VOTE: AYES: NOES: ABSTAIN SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Villegas (5) None (0) None (0) ABSENT: Solorio, Tinajero (2) 55C. AMEND AGREEMENT WITH CLR DESIGN TO EXPAND CONSULTANT DESIGN SERVICES FOR THE SANTA ANA ZOO GIANT RIVER OTTER EXHIBIT (PROJECT NO. 16-2658) {STRATEGIC PLAN NO. 6, 1 G) — Parks, Recreation and Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to amend the current Professional Services Agreement with CLR Design, expanding the Scope of Work to include architectural design for a primate trail system and habitat at the Santa Ana Zoo at Prentice Park and increasing the compensation by $134,760, for a total contract amount of $479,825, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NO. 2018- 017) 2. Adopt a resolution. RESOLUTION NO. 2018-003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN APPLICATION FOR LAND AND WATER CONSERVATION FUND ASSISTANCE FOR THE AMAZON'S EDGE EXPERIENCE PROJECT CITY COUNCIL MINUTES 21 JANUARY 16, 2018 MOTION: Sarmiento VOTE: AYES SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 55D. AMEND CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET — ADDITION OF PRINCIPAL MANAGEMENT ANALYST AND ADMINISTRATIVE SECRETARY IN COMMUNITY DEVELOPMENT AGENCY AND CITY MANAGER'S OFFICE RESPECTIVELY {STRATEGIC PLAN NO. 7, 6} — Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2018-004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO, 2015-026 TO ADD THE POSITION OF ADMINISTRATIVE SECRETARY AND TO AMEND THE CURRENT ANNUAL BUDGET TO RECLASSIFY ONE SENIOR MANAGEMENT ANALYST POSITION IN THE COMMUNITY DEVELOPMENT AGENCY TO A PRINCIPAL MANAGEMENT ANALYST MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55E. AMEND EXECUTE MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN — EXECUTIVE DIRECTORS {STRATEGIC PLAN NO. 7, 61 — Personnel Services Agency Councilmember Solorio, opined item should be heard in Closed Session, Clerk of the Council compensation should be considered separately, and expressed concern when grouping several compensation contracts together. CITY COUNCIL MINUTES 22 JANUARY 16, 2018 City Attorney Carvalho, noted City Council may go into closed session and enter into negotiations with unrepresented employees, City Councils adoption of a Resolution that allowed some changes to be made automatically, and ability of City Council negotiate provision. Mayor Pro Tem Martinez, noted City Council approved Resolution and need for the City Council to bring Resolution back for reconsideration. MOTION: Continue consideration of matter to a future meeting. MOTION: Solorio VOTE: AYES: SECOND: Pulido Benavides, Pulido, Solorio, Villegas, Tinajero (5) NOES: Martinez (1) ABSTAIN: Sarmiento (1) ABSENT: None (0) REPORTS 65A. REVIEW OF REGULARLY SCHEDULED 2018 CITY COUNCIL MEETINGS AND AUTHORIZE COUNCIL COMMITTEES TO SET DATE AND TIME OF 2018 MEETINGS {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Agenda Item continued from the December 19, 2017 City Council Meeting. SUBSTITUTE MOTION: 1. Review calendar of regularly scheduled City Council Meetings in 2018. 2. Cancel August 7, 2018. 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. 4. Authorize City Council Committees, at their first meeting of the year, to set the date and time for their regular meetings in 2018. MOTION: Tinajero SECOND: Pulido VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas, Tinajero (7) CITY COUNCIL MINUTES 23 JANUARY 16, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. DISCUSS OPTIONS AND APPROVE ISSUANCE OF THE SOLID WASTE SERVICES REQUEST FOR PROPOSALS {STRATEGIC PLAN NO. 4, 1) — Public Works Agency MOTION; Table matter. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas, Tinajero (7) None (0) None (0) None (0) 65C. RECEIVE AND FILE REPORT REGARDING PROPOSED SALES TAX LOAN AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA AUTO DEALERS ASSOCIATION {STRATEGIC PLAN NO. 3, 3C) — Community Development Agency Councilmember Tinajero, noted loan to auto mall would be paid back to the City; City Council's previous vote in support of the loan; expressed desire to meet with auto mall to review loan terms. City Manager Godinez, noted that City needs to approve a Community Benefit statement for all subsidy projects; recommendation comes after review of use of general funds, but to restructure loan. Councilmember Sarmiento, opined auto mall is one of the largest revenue generators for the City, need to state for the record the City made a procedural error and will rectify. Councilmember Benavides, expressed concerned with staff recommendation with is contradictory to City Council action. Councilmember Solorio, commented that a typical `receive and file' item is non -controversial, need to continue item to obtain legal clarification of issues, and supports compliance by holding a public hearing procedures. CITY COUNCIL MINUTES 24 JANUARY 16, 2018 City Attorney Carvalho, noted that loan agreement is a type of subsidy thus public benefit analysis and public hearing required before loan documents may be executed. Mayor Pro Tem Martinez, noted her previous concerns and need for Public Benefit analysis. MOTION: Receive and file. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Sarmiento, Solorio, Tinajero (4) Martinez, Villegas (2) Pulido (1) None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND PROVIDE STAFF DIRECTION REGARDING IMPACTS OF HOMELESSNESS THROUGHOUT THE CITY, AVAILABLE RESOURCES, AND POTENTIAL AND LEGAL REMEDIES (MAYOR PRO TEM MARTINEZ AND COUNCILMEMBERS SARMIENTO AND SOLORIO) Councilmember Sarmiento, noted goal is not to criminalize the homeless population, but to hold the County accountable, need to share responsibility with all Orange County cities, $2 million currently spent on Civic Center services, and Orange County expectation to clear the Santa Ana Riverbed; requested staff ascertain budget for homeless services, to develop plan to address homeless issue and standing to sue County. Councilmember Solorio, opined homelessness is at a crises level; over 7,000 calls for services as a result of homelessness, expressed the need to work with the County to find solutions; City of Anaheim's model on reporting metrics of homelessness, recent receipt of funds by City from Housing and Urban Development Agency focused on housing; seek reimbursement from the County for services. CITY COUNCIL MINUTES 25 JANUARY 16, 2018 Mayor Pro Tem Martinez, expressed concern as to the amount of money used to address homelessness, loss of use of bike path and business corridors, and inability to continue expense levels; need to develop approach to recover expenses from the County. Councilmember Villegas, expressed support to negotiate with County , opposed to legal action. Councilmember Tinajero, opined homeless issue is complex problem; need to meet with County officials and city representatives to collective address homeless issue. Mayor Pulido, opined homeless issue is worst ever, need to step up efforts to gain control of the issue, City homelessness much higher than any other cities, and commented on potential impact of emptying Santa Ana riverbed. City Attorney Carvalho, noted Santa Ana Riverbed population is over 600 important to community with County officials not to direct them to the Civic Center Plaza area since it is at capacity. City Manager Godinez, stated that he has been in contact with County CEO on the matter. Councilmember Benavides, echoed Councilmember Villegas, comments, need to work with County to address issue and provided direction to prepare options and solutions to address homeless situation. 85B. DISCUSS AND PROVIDE STAFF DIRECTION REGARDING IMPLEMENTATION OF THE ADAPTIVE RE -USE ORDINANCE WITH RESPECT TO CALIFORNIA BUILDING CODE STANDARDS AND SEISMIC RETROFIT REQUIREMENTS (MAYOR PULIDO) Mayor withdrew item from the Agenda. RECESSED CITY COUNCIL MEETING AT 10:03 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 10:04 P.M. COMMENTS PUBLIC COMMENTS • Dale Helvig, expressed concern as to 2525 Main Residential Project and asked to meet with City Council individually. CITY COUNCIL MINUTES 26 JANUARY 16, 2018 • Jeff Dresser, Park Santiago resident, expressed opposition to 2525 Main Residential development. Noted developer failed to meet specific timelines. • Nathan Birnbaum, Boardmember for OC Needle Exchange Program, noted renewal of agreement to continue services in City of Santa Ana, and commitment to work with community, City of Santa Ana and Santa Ana Police Department. • Sal Garibay, resident of Park Santiago, expressed opposition to 2525 Main Street development. Requested City Council to hear community needs. •1G •M CITY MANAGER'S COMMENTS • City Manager Godinez invited all to upcoming Groundbreaking at Pacific Electric event CITY COUNCILMEMBER COMMENTS Councilmember Solorio: • Reported that on January 19, 2018 attended League of California Cities Policy Committee Meetings in Sacramento; and • Noted upcoming competing events, expressed concern as to street racing, need to fill sworn officer vacancies, and opportunity of state budget grants, and need to review pension budget; need to commence citywide study. Councilmember Benavides: • Encouraged all to shop Santa Ana, Councilmember Sarmiento: • Wished all a Happy New Year; and • Reflected on recent comments by US President Trump that are insensitive; request that staff receive desensitizing training. Councilmember Tinajero: • Summarized Public Safety Council Committee - crackdown on illegal cannabis shops, and need to govern in a dignified manner. Mayor Pro Tem Martinez: • Provided update on trip to Riverside to look at homeless services model, need for parking study and pilot program. Mayor Pulido: • Noted ongoing coyote problem and requested staff investigate possible solution including catch and release approach. ADJOURNED- 10:31 P.M. The next meeting of the City Council will be held on Tuesday, February 6, 2018 at 5:00 p.m. for the Closed Session CITY COUNCIL MINUTES 27 JANUARY 16, 2018 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 — Adjourn in Memory of David Heney, Former City Employee l/�XD Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Jail Reuse Study CITY COUNCIL MINUTES 28 JANUARY 16, 2018