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HomeMy WebLinkAbout2018-02-06 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBUARY 6, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MICHELE MARTINEZ, Mayor Pro Tem (5:14 P.M.) P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:28 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Benavides, Sarmiento, Solorio and Villegas. MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Sarmiento, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 FEBRUARY 6, 2018 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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: 1. 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: (Three Cases) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2467 N. Riverside Drive; Santa Ana, CA; APN is 002-050-05; Area is 4283 Square Feet (0.098 Acre) Owners: Eugen Charles Andres, III and Ann Avery Andres Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2223 S. Bristol Street, Santa Ana, CA, (APN No. 015-194-28) Owner: Dianne Rose Mendez Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: YMCA, 203-205 W. Civic Center Dr., Santa Ana, CA, (APN No. 005-184-25 CITY COUNCIL MINUTES 2 FEBRUARY 6, 2018 Owner: City of Santa Ana Negotiators: City Manager Raul Godinez II Terms: Request for Qualifications/Development Concepts. 5. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Police Chief CLOSED SESSION REPORT — See Agenda Item 19A for any reportable action. *Councilmember Sarmiento left the Closed Session Meeting at 5:48 p.m. and rejoined during Regular Open Session. ADJOURNED THE CLOSED SESSION MEETING AT 6:25 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 FEBRUARY 6, 2018 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:27 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:38 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO ( 6? P. M.) 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 ASHELY ZUNIGA, CARR INTERMEDIATE SCHOOL RUPERT VEGA, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Stay Connected OC in recognition of their 181h anniversary and their contributions to the community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Loaded Cafe in recognition of their outstanding contributions to the Santa Ana Police Department Pancakes with Santa event and the community. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Bishop Thanh Thai Nguyen in recognition of his appointment as Auxiliary Bishop for the Roman Catholic Diocese of Orange. CITY COUNCIL MINUTES 4 FEBRUARY 6, 2018 CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Joey Daniel from Santa Ana High School in recognition of his 5 Counties Invitational Wrestling Tournament win. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Mater Dei High School Football team in recognition of their CIF National Championship. President: Coach: Patrick Murphy Bruce Rollinson SPECIAL PRESENTATION of the Orange County Transportation Authority (OCTA) Harbor Blvd. Corridor Study by Eric Carlson, OCTA Project Manager SPECIAL PRESENTATION by Alberta Christy, Chair of the Historical Commission. WORK STUDY SESSION WS -1. PRESENTATION BY PANEL ON RENT CONTROL / STABILIZATION - Community Development Agency / Rent Stabilization Measures Work -Study presented by Judson Brown, Housing Division Manager; Dr. Richard Green, USC Price School of Public Policy and Tracy Condon, Executive Director, Santa Monica Rent Control Board Population Growth and Number of Housing Units 340,000.00 - 90,000.00 88,000.00 335,000.00 86,000.00 84,000.00 330.000.00 — 82,000.00 ! 80,000.00 325,000.00 78,000.00 76,000.00 320,000.00 - 74,000.00 72,000.00 315,000.00 —.. 70,000.00 2010 2011 2012 2013 2014 2015 2016 Total Santa Am Population Number of Housing Units Source: Ameticen Community Survey 2016–S year Estimates CITY COUNCIL MINUTES 5 FEBRUARY 6, 2018 12.0M 10.00% 6.00% 6.00% 4.00% 3.00% 0.00% -3.W% 4.00% 6.00% Median Income and Rent 2010 2011 2012 2013 2014 2015 2016 —Median Household Income —Median Rent Sours: American Community Survey 3016-$ year Estimates 70 65 Renters Spending 30% or More of Household Income on Rent .._ ._2 2x09 Z� ZOIP :JI• 2G-li-EGi 64% of Santa Ana Residents are Rent Burdened 31% Spend 5091 or More of Household Income on Rent Spun: AmeZ.on Cwnmuniq S., W15 - 5 year EAimates Percent of Residents Living in Poverty 25% Santa Ana -72.1% Garden Grove- 17.6% Fullerton -16.896 \ 30% Anaheim -16.5% Costa Mesa -14.5% \ 15% Tustin -13.6% \ 10% 11 1 11111 11111 Souma: Amercan Community Surrey 2011-15 CITY COUNCIL MINUTES 6 FEBRUARY 6, 2018 Costa -Hawkins Rental Housing Act (1995) — Prevents rent control on properties occupied after February 1St, 1995. — Single-family residences including condominiums are ineligible for rent control. — Allows rents to be reset at market rate when tenants move out. — CA Civil Code: CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] r 44% Owner Occupied • Santa Ana has 41,891 Renter -Occupied Units — 94.96% built before 1995 — 70.9% are Multifamily • Approximately 67% of Santa Ana's rental units (28.066) would be eligible for rent control under Costa Hawkins Source: American Community Survey 2016 Academic Perspective: Overview of Rent Stabilization Measures Dr. Richard Green, Lusk Chair in Real Estate, USC Price School of Public Policy and Marshall School of Business ► The academic literature generally does not care for rent control / Implicit subsidy is poorly targeted / Pollakowski's work on New York City ► Many vulnerable people are made worse off / Diamond on San Francisco. Costs and benefits even out, but some of the costs fall on low income people / Malpezzi. High income people stay in lower quality, inexpensive buildings longer than they otherwise would, meaning low income people compete for higher cost housing ► Discourages mobility ► Particularly important issue in California ► Discourages renovation But... ► Richard Arnott notes that because of land use regulation, many landlords earn windfalls that have nothing to do with risk taking/investment. These are Ricardian rents. ► We know that stability is very important for children. There is a policy interest in allowing families with children to stay in place. Sharp rent hikes can undermine this. (Haurin, Parcel and Haurin). ► Still, zoning reform and direct subsidies would almost surely produce better outcomes. ► But zoning reform in a region with > 100 municipalities is extremely CITY COUNCIL MINUTES 7 FEBRUARY 6, 2018 Integrity and Autonomy of the Board / An integral part of the city government which exercises its powers and duties independently of the City Council, City Manager and City Attorney. / The Administrator presents the annual budget to the Board for their review, recommendations, revisions and approval following a public hearing. (RCL, Section 1802(a)) / The Board's reasonable and necessary expenses are financed by charging landlords annual registration fees. (RCL, Section 1803(n)) The Board sets the fee at an amount they deem reasonable up to a maximum of $288 per controlled unit. • Half of the fee may be passed through to tenants as a monthly surcharge. • Currently $198/controlled unit/year. • Approximately 26,360 billable units for FY 2017/2018. • No money is received from the City's general fund. The Board's Powers and Duties (RCL, Section 1803(f)) (1) Set the rent ceilings for all controlled rental units. (2) Require registration of all controlled rental units under Section 1803(q). • Allows for development/maintenance of one of the Agency's most important resources, the ownership and rent registration database. (3) Establish a base rent ceiling on rents under Section 1804(b). (4) Make adjustments in the rent ceiling in accordance with Section 1805. • Citywide annual rent increase = 75% of change in LA -area CPI • Individual adjustments: • Upward if owner is not making a fair return • Downward if owner fails to maintain the unit or common areas or removes amenities and/or housing services (5) Set rents at fair and equitable levels to achieve the intent of this Article. (6) Hire and pay necessary staff, including hearing examiners and personnel to issue orders, rules and regulations, conduct hearings and charge fees as set forth below. (7) Charge and collect registration fees, including penalties for late payments. Santa Monica Housing Characteristics • Approximately 46,000 occupied housing units in the City (U.S. Census, 2012 American Community Survey, estimate) Renter -Occupied —71 % Owner -occupied —28% • Approximately 34,000 units potentially subject to the rent control law • Temporary use exemptions (4,700 units) • Rent control registration fee waivers (5,200) CITY COUNCIL MINUTES 8 FEBRUARY 6, 2018 a®unorp Am= ramlr= ©c�a 2samozanam Ana 1r Rent Control Board (_ Board Members) Eueat \e Dir cd.r -. 0 C rJi Gea¢ral p FI I f Oa1.n II +a Couuml \I, Ger Deparim [\Ivnayar N 1 'OPm� ^tp, mc. UomM1 c unG Lrtaligaor ON'iee Su «Team d H on&t r .elst,ff B,e r i ( ���� : 9,—ka1 5 dr Gl Cwrl Agency Divisions ► Administration (4.5 staff members + 6 office support team members) ► Public Information (6 staff members) / Hearings (5.5 staff members) ► Legal (3 staff members) / TOTAL: 25 Staff Members AGENCY BUDGET FY 16-17 ACTUAL EXPENSES FY 17-18 ADOPTED BUDGET TOTAL SALARIES & WAGES 4,270,202 4,357,276 TOTAL SUPPLIES & EXPENSES 588,951 633,917 TOTAL CAPITAL OUTLAY 52,497 190,500 TOTAL BUDGET 4,911,650 5,181,693 Santa Monica Rent Control Law / Integrity and Autonomy of the Board / The Board's Powers and Duties (RCL, Section 1803(f)) ► Santa Monica Housing Characteristics • Administration (4.5 staff members + 6 office support team members) • Public Information (6 staff members) • Hearings (5.5 staff members) • Legal (3 staff members) TOTAL: 25 Staff Members Agency & Board Collaborations ► City Attorney's Office CITY COUNCIL MINUTES 9 FEBRUARY 6, 2018 Tenant harassment Relocation benefits Buyout agreements Fair housing issues / Code Enforcement Maintenance and habitability of rental units Housing code violations Other Municipal Code violations Planning and Building and Safety Sign -off on building and demolition permits on controlled properties Means and Methods plans for construction work in occupied properties Seismic safety retrofitting considerations Statewide Consortium of Rent Control Jurisdictions Alternatives to Rent Stabilization / City or County Affordable Housing Bond 1 Establish a Community Revitalization Investment Authority / Inclusionary Housing / Density Bonus lo Support the development of more affordable housing Support the development of more conventional rental housing Just Cause Eviction Ordinance What is a Just Cause Eviction Ordinance? Just Cause Eviction Ordinances are laws that protect tenants from arbitrary, discriminatory or retaliatory evictions while ensuring that landlords can evict tenants as long as they have a lawful reason for doing so. Cities that have Just Cause Eviction Ordinances allow landlords to evict a tenant only for specific reasons, such as failure to pay rent or for violation of the lease terms. What is Considered a Just Cause Eviction? / Local ordinances vary on what type of actions can result in a Just Cause Eviction. / Some of the most common types of action that can lead to a Just Cause Eviction are: Failure to pay rent Use of premises for illegal Failure to follow rules and Damaging the unit purposes regulations of landlord Landlord elects to move -in as principal residence Landlord seeks to remove unit from rental market / Requires landlord to specify just cause in the notice of termination Cities that have Just Cause Eviction Ordinances / San Francisco - (In SF just cause only applies to rental housing built or substantially remodeled before 1979) CITY COUNCIL MINUTES 10 FEBRUARY 6, 2018 / Oakland I, Berkeley / Hayward / Glendale / Los Angeles (Only applies to rent -controlled units) / Santa Monica / West Hollywood i Beverly Hills 1 San Diego / Palm Springs The following spoke on the matter: • Matthew Buck Vice President of Public Affairs for the California Apartment Association, Orange County Division, opined City faces serious housing challenges, lack of availability continues to push demand up and results in higher prices; expressed commitment in finding solutions to challenges and opined any solution related to rent stabilization/rent control would deter investments in the community. • Nicholas Dunlap, opined housing is an important issue nationwide and rent stabilization and rent control is misguided. • Adam Wood, opined rent stabilization and rent control will not address housing shortage. • Rick Roshan, opined rent control is not the answer. • Tommy Thompson, opined there is a housing crisis and rent control is bad policy. • Vickie Talley, encouraged City Council to seek help from housing organizations. Opined rent control is not the answer. • Julie Paule, expressed opposition to rent control. • Johnathon Hernandez, opined the five-year Strategic Plan designed to displace families and to harm and disrupt the existing community; supports community safety and eradication of inequality. • Ivan Enriquez, expressed support for rent control and housing affordability. • Ugochi Anaebere-Nicholson, expressed support for rent stabilization. • Mario Chavez, expressed support for rent control and investments in youth. • Keith Braman, expressed support for housing solutions. • Joese Hernandez, opined rent control is a community need. • Barbara Kidder Garcia (Nancy Mejia read speaker's statement.), opined dignified and stable housing plays a significant role in keeping the community healthy and expressed support for an ordinance that will afford tenants protection. • Alexis Teodoro, expressed support for strong tenant rights ordinance and rent control. • Sylvia, addressed the City Council to share her eviction experience. • Araceli Robles, addressed City Council to request support for Santa Ana residents and more housing. CITY COUNCIL MINUTES 11 FEBRUARY 6, 2018 • Adela Montanez, on behalf of resident, expressed support for tenant protections and dignified housing. • Idalia Rios, expressed support for rent control and accessible housing. • Ignacio Lopez, opined Santa Ana youth should not be forced to choose between working to help their family and pursuing an education. • Yanely Matute, addressed City Council to request support for Santa Ana renters. • Ruben A Barreto, opined workgroup should include community stakeholders. • Zabdi Alvarez, expressed support for tenant protection ordinance. • David Carbajal, encouraged City Council to implement a just cause eviction and rent stabilization ordinance. • Isuri Ramos, expressed support for statements made in support of tenant protections and need for just cause eviction policy. • Lucero Garcia, addressed City Council to request support for rent control and just cause eviction. • Alma Leyva on behalf of Anna Ordaz, expressed support for community members and tenant protections. • Jose Morales on behalf of Jose Pena, expressed support for just cause eviction ordinance. • Abel Ruiz, expressed support to create a workgroup to discuss rent control. • Sarai Arpero (Translation needed), opined it is not normal to live in fear of being eviction and expressed support for • Gema Suarez, expressed support of efforts by community groups and stakes holders to pass ordinance that will afford tenants the protections they need. • Cinthya Trejo, opined children and adult with special needs face additional struggles would benefit from rent control. • Cesar Covarrubias, echoed comments made by tenants and residents of Santa Ana. • Jeff Bigelow, expressed support for rent control, tenant rights, and just cause. • Hugo Solorzano, opined displacement is caused by increase in rent and gentrification that effect low income residents; supports tenant protection and rent control ordinances. • Hairo Cortes, opined rental protection polices are needed to contain a growing housing crises. d • Erik Garcia, opined need for workgroup to address rent control. • Karla Juarez, expressed need for committee for the people. • Rick Julian, noted common goal of fair quality housing and unjust evictions; opposed to rent control. • Paola Robles, addressed City Council and requested change in the City. • Frankie Alvarez, expressed opposition to rent control and rent stabilization. • Elia Tovar (Speaker not present, but resident read statement on her behalf) expressed support for tenant protection ordinance. CITY COUNCIL MINUTES 12 FEBRUARY 6, 2018 Council discussion ensued. Councilmember Sarmiento, opined necessity to continue to have intelligent and thoughtful conversation; establish a group to develop recommendations; need to be sensitive of being a renter, overcrowding causes secondary impact, and need to focus on bad actors to address substandard housing conditions. Councilmember Tinajero, opined majority of Santa Ana community lives in fear of being evicted, need to have discussion to understand each other, and low income residents need for dignified housing. * Councilmember Tinajero left the meeting at 9:51 p.m. and did not return. Councilmember Benavides, expressed need for accessible housing, several substandard properties within the City of Santa, and tenants fears of being evicted as a result of contacting code enforcement or complaining to landlord; requested consideration of options for self policing and do not allow retaliatory evictions; suggested longer term leases; housing opportunities fund and public-private partnerships and icentivize landloards to improve the properties; address the needs of our residents and provide dignified living.. Councilmember Villegas, noted his experiences living in an apartment, intolerance for slumlords, and opined the need for all to live in a clean and safe environment; need to be fair and just for all; not one solution; pro- business and fair residents Councilmember Solorio, opined need for affordable housing and possibility of increasing housing by building condominiums and townhomes; expressed concern of past policies on this subject doesn't target the right people and need to increase housing stock; affordable housing needed; statewide issue; revisit the PREP program for owner/tenant program; pro- labor local hire and project labor agreements; tenant component to the Rental Task Force to consider Mayor Pro Tem Martinez, noted City experienced a rapid growth of residents while housing production remained low; opined that City on the verge of rapidly building the housing needed and not having the infrastructure to support it. Mayor Pulido, noted that City of San Francisco has rent control and it is not effective program; consider granny flats but sometimes have unintendended consequences such as lack of parking; requested statistical report from professor of options to consider; also, opined that US Census data has resident undercount. CITY COUNCIL MINUTES 13 FEBRUARY 6, 2018 CLOSED SESSION REPORT - City Attorney Carvalho noted that there was no reportable action. PUBLIC COMMENTS • Nick Spain, spoke on Agenda Item 17A and representing Old Orchard Conservancy, urged a no vote on matter, and commented that staff report does not identify the property correctly. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 10A through 29A with the following modifications: • Mayor Pro Tem Martinez, dissented on Agenda Item 25A; and • Councilmember Sarmiento, dissented on Agenda Item 19C. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JANUARY 16, 2018 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. 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. CITY COUNCIL MINUTES 14 FEBRUARY 6, 2018 17A. RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 17231 BY CITY ENGINEER (1584 EAST SANTA CLARA AVENUE) {STRATEGIC PLAN NO. 3, 21 - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary. *Councilmember Sarmiento dissented on Agenda Item 19C. 19D. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES OCTOBER 2017 — DECEMBER 2017 {STRATEGIC PLAN NO. 5, 3) - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 24, 2018 by a vote of 7-0 (Frazier absent). MOTION: Receive and file. 19E. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JANUARY 2018 {STRATEGIC PLAN NO. 5, 1) - Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 15 FEBRUARY 6, 2018 BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-134 - AWARD PURCHASE ORDER FOR MOTOR OPERATED BUTTERFLY VALVES {STRATEGIC PLAN NO. 6, 21 (Public Works Agency) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to DeZURIK, Inc., in the amount of $77,000, plus a $3,000 contingency, for a total amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 22B. SPEC NO. 15-114 -APPROVE CONTRACTS AMENDMENT FOR REPAIR OF HEATING -VENTILATION -AIR CONDITIONING (HVAC) SYSTEMS AT VARIOUS CITY FACILITIES: POLICE ADMINISTRATION, JAIL FACILITY AND CITY HALL {STRATEGIC PLAN NO. 6, 1C) (Public Works Agency) Finance and Management Services MOTION: Approve amendment to blanket purchase order contracts by changing the $100,000 allocation to each of the following vendors to an annual aggregate amount not to exceed $400,000 and allow all four vendors to conduct maintenance, repair and preventative inspections of HVAC systems equipment at all City facilities. Vendor Location ACCO Engineered Systems Glendale FM Thomas Air Conditioning, Inc. Brea Johnson Controls, Inc. Cypress Trane City of Industry AGREEMENTS 25A. APPROVE AN AGREEMENT FOR INSTALLATION OF IRRIGATION CONTROLLERS IN THE CIVIC CENTER {STRATEGIC PLAN NO. 6, 113) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with STL Landscape, Inc. in an annual amount not to exceed $93,500, which includes a 10% contingency, for a term of six months from the date of agreement execution, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-018). *Mayor Pro Tem Martinez, dissented on Agenda Item 25A. CITY COUNCIL MINUTES 16 FEBRUARY 6, 2018 2513. APPROVE AN AGREEMENT FOR A PARK CARNIVAL OPERATOR AT CITY OWNED PARKS {STRATEGIC PLAN NO. 5,4131 - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Fiesta de Carnival in the annual amount of $42,250 for a two-year term with three one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2018-019). 25C. APPROVE EMPLOYEE GROUP INSURANCE RENEWALS WITH METLIFE DENTAL, DELTA DENTAL, AND APPROVE AMENDED AGREEMENT WITH KEENAN AND ASSOCIATES TO INCLUDE DENTAL SERVICES (STRATEGIC PLAN NO. 7, 6) — Personnel Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a new agreement with MetLife Dental, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee HMO dental plan services from January 1, 2018 to December 31, 2018 at a monthly cost of $28.53 Single and $48.76 Family (AGMT. No. 2018-020). 2. Authorize the City Manager and Clerk of the Council to execute a new agreement with Delta Dental, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee PPO dental plan services from January 1, 2018 to December 31, 2019 at a monthly cost of $52.56 Single and $129.44 Family (AGMT. No. 2018-021). 3. Authorize the City Manager and Clerk of the Council to execute an amended agreement with Keenan and Associates, subject to non - substantive changes approved by the City Manager and City Attorney, to expand the scope of the current agreement to include employee dental plan services, and execute the first contract extension for Keenan to provide services through June 30, 2021 as allowed by the agreement terms. (AGMT. No. 2018-022). 25D. AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES RELATED TO POLICE DEFENSE LITIGATION SERVICES {STRATEGIC PLAN NO. 1, 3, 4, 51 - City Attorney's Office and Personnel Services Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Cota Cole & Huber LLP, for a one year term from February 6, 2018 until February 5, 2019 for a maximum amount CITY COUNCIL MINUTES 17 FEBRUARY 6, 2018 to be spent of $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-023). 25E. AWARD AGREEMENT FOR WATER SYSTEM CONTROL DESIGN, DOCUMENTATION, AND TESTING SERVICES (NONGENERAL FUND) (STRATEGIC PLAN NO. 6,21 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Enterprise Automation for a three-year period beginning February 6, 2018, and expiring February 5, 2021, with provisions for a two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000 annually, for a total amount not to exceed $1,000,000 for the five-year period, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-024). 25F. APPROVE AN AGREEMENT FOR DESIGN SERVICES FOR WARNER AVENUE IMPROVEMENTS - PHASE 2 (OAK STREET TO WRIGHT STREET) (PROJECT NO. 18-6901) (STRATEGIC PLAN NO. 6, 1G) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley-Horn and Associates, Inc., for a two-year period beginning February 6, 2018, and expiring on February 5, 2020, with the option for a one-year renewal exercisable by the City Manager and City Attorney, in the total amount not to exceed $940,000, which includes an approximate five percent design contingency in the amount of $45,361, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-025). MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5, 41 - City Manager's Office MOTION; Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Crime Survivors Inc. in support of on-going services that provide awareness; prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation amount of $500 (Councilmember Solorio); CITY COUNCIL MINUTES 18 FEBRUARY 6, 2018 b. Crime Survivors Inc. in support of on-going services that provide awareness, prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation amount of $500 (Counciimember Villegas). **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION TERMINATING THE JOINT POWERS AGREEMENT OF THE COUNTYWIDE PUBLIC FINANCING AUTHORITY AND DISSOLVING THE AUTHORITY UPON CONCURRENCE OF ALL MEMBERS {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Councilmember Benavides, directed staff to provide overview on debt management policy, notate any significate changes to City policies. MOTION: Adopt a resolution. RESOLUTION NO. 2018-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE DISSOLUTION OF THE COUNTYWIDE PUBLIC FINANCING AUTHORITY MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) 55B. ADOPT RESOLUTIONS AND AUTHORIZE GRANT APPLICATIONS FOR WATER RECYCLING FUNDING AND WATER SMART DROUGHT RESPONSE PROGRAMS (NONGENERAL FUND) - {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: CITY COUNCIL MINUTES 19 FEBRUARY 6, 2018 1. Adopt resolutions. a. RESOLUTION NO. 2018-006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY PARTICIPATION IN THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD'S WATER RECYCLING FUNDING PROGRAM FOR THE CITY'S RECYCLED WATER MASTER PLAN b. RESOLUTION NO. 2018-007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY PARTICIPATION IN THE BUREAU OF RECLAMATION'S WATERSMART DROUGHT RESPONSE PROGRAM FOR THE WELL #32 REHABILITATION PROJECT 2. Authorize the Executive Director of Public Works to submit a grant application for the California State Water Resources Control Board's Water Recycling Funding Program for the Recycled Water Master Plan in the amount of $75,000. 3. Authorize the Executive Director of Public Works to submit a grant application for Department of the Interior, Bureau of Reclamation's WaterSMART Drought Response Program for Well #32 Rehabilitation Project in the amount up to $750,000. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) 55C. ADOPT A RESOLUTION TO INCLUDE ALL SANTA ANA PROPERTIES TO BENEFIT FROM ACCESS TO PROPERTY ASSESSED CLEAN ENERGY FINANCING PROGRAMS (STRATEGIC PLAN NOS. 5, 2; 3, 5) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2018-008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE CITY COUNCIL MINUTES 20 FEBRUARY 6, 2018 55D. REPORTS PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS, AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) ADOPT A RESOLUTION ESTABLISHING THE DEBT MANAGEMENT POLICY {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Economic Development, Infrastructure, Budget and Technology Council Committee was presented with a draft of the Debt Management Policy on January 8, 2018. Councilmemer Benavides requested a brief overview of the Debt Management Policy. MOTION: Adopt a resolution. RESOLUTION NO. 2018-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA DEBT MANAGEMENT POLICY MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Solorio, Villegas (6) None (0) None (0) Tinajero (1) Pulido, Sarmiento, CITY COUNCIL MINUTES 21 FEBRUARY 6, 2018 65A. HOMELESS SERVICES QUARTERLY REPORT FOR OCTOBER 2017 — DECEMBER 2017 {STRATEGIC PLAN NOS. 1,6; 5,4; 5,6) - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 24, 2018 by a vote of 7-0 (Frazier absent). Police Captain Gominsky provided a quarterly update on the City's housing efforts addressing homelessness and highlighted the implementation of a 30 -day pilot program, Quality of Life Team, within the City of Santa Ana. Councilmember Benavides, opined report and updates provide real life impact and results and noted positive team work and leadership. Councilmember Sarmiento, clarified previous direction to staff to research amount of funds County has expended and amount remaining. MOTION; Receive and file report; and verbal update. MOTION: Benavides VOTE: AYES NOES: I[ � ABSENT PUBLIC HEARINGS SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) * Mayor Pulido abstained on Agenda Item 75A out of an abundance of caution for knowing some of the business providers. Mayor Pro Tem Martinez assumed the Chair. 75A. ADOPT RESOLUTION TO AMEND THE MISCELLANEOUS FEE SCHEDULE TO ADD A FEE FOR ELECTRIC VEHICLE CHARGING STATION USE; APPROVE AGREEMENTS FOR INSTALLATION, NETWORKING AND MAINTENANCE OF 10 ELECTRIC VEHICLE CHARGING STATIONS {STRATEGIC PLAN NO. 6, 2) — Finance and Management Services Mayor Pro Tem Martinez opened the Hearing. There were no speakers and the Hearing closed. CITY COUNCIL MINUTES 22 FEBRUARY 6, 2018 Councilmember Benavides, noted service is being provided to support clean emissions. Mayor Pro Tem Martinez, opined need to be fair to the general public by also charging public employees, to have a balance approach, and Santa Ana community needs for electrical charging stations. City Manager Godinez, noted pilot program in another City promote charging station, working class community awareness, and proposed rates are very low. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE SCHEDULE FOR ELECTRIC VEHICLE CHARGING STATIONS 2. Authorize the City Manager and Clerk of the Council to execute a five-year agreement with Voltaic for the period of February 6, 2018 through January 31, 2023, for the purchase, installation, networking, and maintenance warranty for ten electric vehicle charging stations at various City locations in a total amount not to exceed $231,783 plus a contingency of $20,000 for a total amount of $251,783, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-026). 3. Authorize the City Manager and Clerk of the Council to execute a five-year Master Services and Subscription Agreement with ChargePoint Inc. for the period of February 6, 2018 through January 31, 2023 for the use of ChargePoint services on the ten electric vehicle charging stations., subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-027). MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES SECOND: Benavides Benavides, Martinez, Sarmiento, Solorio, Villegas (5) None (0) Pulido (1) Tinajero (1) 23 FEBRUARY 6, 2018 75B. ZONING ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW CHURCHES AS A CONDITIONALLY PERMITTED USE IN THE PROFESSIONAL AND SOUTH MAIN STREET COMMERCIAL ZONING DISTRICTS — CITY OF SANTA ANA, APPLICANT - Planning and Building Agency Planning Commission approved the recommended action on January 22, 2018 by a vote of 6-0 (Nguyen absent). Mayor Puido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2938 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41- 522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Tinajero and Villegas (2) COMMENTS PUBLIC COMMENTS • Janie Chapman, expressed opposition to 2525 Main Street development project. • Dale Helvig expressed opposition to 2525 Main Street development project. • Michael Feinstein, opined need for a 500 seat State Legislature system, need for local community to participate in a regional public policy debate, and lack of proportional representation system. • Carlo opined need to widening street on McArthur Blvd. Noted fallen street light on Bristol Street has been left unattended by City. • Rayshaun Gadson, addressed City Council to propose a dedicated cannabis area in the City. CITY COUNCIL MINUTES 24 FEBRUARY 6, 2018 RECESSED CITY COUNCIL MEETING AT 11:15 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:16 P.M. 90A. CITY MANAGER'S COMMENTS • Commented on passing of Dan Gurney; • Opening of the Orchard on First Street; • WORK Center had several recruitment efforts including Amazon. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Noted that he had the pleasure of meeting Dan Gurney; • Reported on Legislative Affairs, Ethics and Transparency Committee meeting actions; • Opined that it was important for City to have a Communications Manager to have focused messaging. Mayor Pro Tem Martinez: • Provided updated on Prop. 64 adult use from Regional Council, ability to recover costs, and implementation on best practices. Councilmember Solorio: • Commented on Homelesseness moved out of the riverbed; recent meeting with Supervisor Do, possibility of having Sherriff's perform additional education and enforcement in areas where there is a joint enforcement responsibility, and • Request that staff coordinate with Orchard to organize a follow up ribbon cutting ceremony. Councilmember Villegas: • Provided updates as Chair of the Youth, Education, and Community Services Committee, and the Santa Ana Unified School District and City of Santa Ana Joint Policy Committee Councilmember Benavides: • Attended Relampago del Cielo annual showcase at Santa Ana High School, • Need to invest in our youth, create skate elements and parks, opportunity to partner with the business community to create open spaces; and • Read statement by Mrs. Gurney on the recent passing of race car driver legend Dan Gurney. CITY COUNCIL MINUTES 25 FEBRUARY 6, 2018 Mayor Pulido: • Requested meeting be adjourned in memory of Vic Edge and Dan Gurney. Adjourned Meeting in Memory of Dan Gurney and Vic Edge ADJOURNED- 11:40 P.M. - The next meeting of the City Council will be held on Tuesday, February 20, 2018 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. MariaD. Huizar� Clerk of the Council FUTURE AGENDA ITEMS — NO DATE SCHEDULED Planning Commission Appeal of The Madison, 200 N. Cabrillo Park, Dr. • Adoption of Fiscal Year 2018-19 Budget • Adoption of Bristol Street Corridor Plan Update • Adoption of Zoo Master Plan • Policy on Use of General Reserve and Enterprise Funds • Policy on Sale of Remnant Parcels • Jail Reuse Study • Work Study Sessions: o Accessory Dwelling Units Ordinance o Affordable Housing Funds Policies and Procedures o Mobile Vending Ordinance o Work Cooperatives o Review of Parking, Permits and Opportunities o Commercial Cannabis Non -Retail CITY COUNCIL MINUTES 26 FEBRUARY 6, 2018