MINUTES OF THE REGULAR AND SPECIAL OPEN ITEM MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 5, 2019 CLOSED SESSION MEETING

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1 MINUTES OF THE REGULAR AND SPECIAL OPEN ITEM MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 5, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5: 05 P. M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ( 5: 19 P. M.) JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO ( 5: 35 P. M.) JOSE SOLORIO COUNCILMEMBERS Absent: WARD 4 VACANT* STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council Ward 4 councilmember representative resigned on Friday, March 1, PUBLIC COMMENTS NONE COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5: 05 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph ( 1) of subdivision ( d) of Section of the Government Code: Ross Barrera, et al., v. City of Santa Ana, et al., United States District Court Case No CU- WM-CJC. CITY COUNCIL MINUTES MARCH 5, A- 1

2 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED - Significant exposure to litigation pursuant to paragraph ( 2) or ( 3) of subdivision ( d) of Section of the Government Code: ( one case) 3. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957(b)( 1) Title: City Manager, Acting City Manager, or Interim City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957( b)( 1) Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT - See Agenda Item 19A for reportable action. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION AT 5: 58 PM. CITY COUNCIL MINUTES 2 MARCH 5, A-2

3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6: 01 PM ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: WARD 4 VACANT* STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council Ward 4 councilmember representative resigned on Friday, March 1, PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION DR. CURTIS SMITH, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing Debbie McEwen for contributions to the community. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS (Agendized items) See 19C. CITY COUNCIL MINUTES 3 MARCH 5, A-3

4 CONSENT CALENDAR ITEMS Approve staff recommendations on the following Consent Calendar items10a through 32A, with the following modifications: Councilmember Iglesias pulled Agenda Item 19D, 20A, 20B, 23A and 25B for separate discussion. Mayor Pulido pulled Agenda Item 19C for separate discussion. Councilmember Solorio pulled Item 25G to reconsider motion and continue for a month (Solorio motioned, Penaloza seconded: 6-0) Villegas SECOND: Penaloza AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: ABSTAIN ABSENT: Ward 4 councilmember representative resigned on Friday, March 1, Councilmember Iglesias clarified her intention to pull Item 19D. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING ADJOURNED PUBLIC HEARING ITEM AND REGULAR MEETING OF FEBRUARY 19, 2019 { STRATEGIC PLAN NO. 5, 11 Clerk of the Council Office Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER PENALOZA TO APPOINT FELIX RIVERA TO THE PLANNING COMMISSION FOR A FULL- TERM EXPIRING DECEMBER 13, 2022 AS THE WARD 2 REPRESENTATIVE { STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Nominate Felix Rivera for an appointment to the Planning Commission as the Ward 2 representative (replaces L. Verino). CITY COUNCIL MINUTES 4 MARCH 5, 2019 i

5 13B. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JULY THROUGH DECEMBER 2018 { STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Receive and file MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION( S) None 19B. EXCUSED ABSENCES None 19C. AUTHORIZE THE REQUEST FOR PROPOSALS FOR THE SALE OF CITY - OWNED PROPERTIES WITH RESTRICTEDUSE OF PROCEEDS AND ALLOW FOR DIRECT NEGOTIATION FOR SALE OF - EXEMPT REAL PROPERTY PER SANTA ANA MUNICIPAL CODE ( GRANT FUNDED) STRATEGIC PLAN NOS. 3, 2C, 5A & 6, 1G}{STRATEGIC' PLAN NO. 5, 1} Public Works Agency Continued from the February 19, 2019 City Council meeting by a vote of 6-0 Reyna absent). The following spoke on matter: Karen Rodriguez, expressed concern over item and requested City Council to continue item to a later date. Nabor Palomino, urged City Council to promote open space, affordable housing, and meet community needs. Irma Rivera, expressed concern over lack of affordable housing. Uguchi Anaebere Nicholson, addressed City Council to request item to be continued to address Surplus Land Act concerns. Paul Gonzales, urged City Council to continue item and to address Surplus Land Act concerns. Silvia Avendano, urged City Council to consider land use to meet community needs. William Nasumento, in support of item. Maria Ramirez, urged City Council to consider land use to meet community needs and affordable housing. Leonel Velazquez, urged City Council to consider land use to meet community needs. Hilda Ortiz, urged City Council to continue item and to address Surplus Land Act concerns Council discussion ensued. Councilmember Sarmiento, suggested confining sale of land to meet some form of community need. Directed staff to prepare proposal of land use and different CITY COUNCIL MINUTES 5 MARCH 5, A- 5

6 configurations that may occur that may have community benefit and to revise Request for Proposals ( RFP) accordingly. Directed City Attorney to include language in RFP that will require public benefit. Councilmember Solorio, supportive of comments made by Councilmember Sarmiento and continue item to two weeks. Directed staff to identify parcels that may meet community needs. Councilmember Iglesias, inquired about the RFP process. Councilmember Sarmiento, inquired from City Attorney Carvalho if item can be approved subject to expressed language to incorporate community benefit. City Attorney Carvalho, informed City Council parcels are exempt from Surplus Land Act. Councilmember Solorio, requested as part of the RFP, to include hearings, community support for open space and housing, but mindful of current land use and general plan designations. Councilmember Sarmiento, moved item subject to council input to be incorporated; seconded by Councilmember Solorio. Mayor Pulido, suggested to the maker of the motion that perhaps staff to communicate with community in identifying parcel of interest in which City can possibly purchase with the intent to meet community needs. FRIENDLY AMENDED MOTION; Authorize the Executive Director of the Public Works Agency to proceed with the release of a Request for Proposals ( RFP) for the sale of City -owned properties purchased with grant funding and with restricted use of proceeds, and allow for direct negotiation for sale of exempt real property, consistent with Santa Ana Municipal Code ( SAMC) Article V, Sections and In addition, incorporate some of the principles of the California Surplus Land Act to promote community benefit as part of the RFP and identify and purchase a site to convert into a park either by City or advocates. Sarmiento SECOND: Solorio AYES: Iglesias, Villegas ( 6) Penaloza, Pulido, Sarmiento, Solorio, NOES: ABSTAIN: None ( 0) ABSENT: CITY COUNCIL MINUTES 6 MARCH 5, A-6

7 19D. REPORT OF CITY' S CALPERS EMPLOYEE PENSION PLANS AS OF JUNE 30, 2017{ STRATEGIC PLAN NO. 4, 11 Finance and Management Services' Agency Council discussion ensued. Councilmember Iglesias, supportive of conducting study session. Councilmember Solorio, supportive of conducting study session. Receive and file. Iglesias SECOND: Villegas AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: I mama ABSTAIN: ABSENT: None ( 0) 19E. SINGLE AUDIT REPORT FOR FISCAL YEAR ENDING JUNE 30, 2018 { STRATEGIC PLAN NO. 4, 1} Finance and Management Services Agency Receive and file. 19F. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES OCTOBER 2018 DECEMBER 2018 {STRATEGIC PLAN NO. 5, 3C} - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 23, 2019 by a vote of 7-0. Receive and file. 19G. PUBLIC WORKS AGENCY MONTHLY PROJECT STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR FEBRUARY 2019 { STRATEGIC PLAN NO. 5, 1) Public Works Agency CITY COUNCIL MINUTES 7 MARCH 5, A-7

8 The CIP Executive Summary Schedule is available on the City's website at https //www santa- ana.orq/sites/defauit/files/pw/documents/executive- Monthly- C I P -U pd ate -February pdf Receive and file. 19H. WATER ENTERPRISE ALTERNATIVE ENERGY FEASIBILITY STUDY NONGENERAL FUND) { STRATEGIC PLAN NO. 5, 2) Public Works Agency Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AWARD A PURCHASE ORDER TO ULTIMATE POOL REMODELING, FOR SWIMMING POOL RESURFACING AND REPAIRAT MEMORIAL F SALGADO PARK, AND SANTA ANITA PARK POOLS ($ 365,9 SPECIFICATION NO ) { STRATEGIC PLAN NO. 5,; 4) Financ Management Services Agency; and Parks, Recreation ' and, Comn Services Agency Council discussion ensued. Councilmember. Sarmiento, directed staff to provide Council with policy addressing bidding process. Councilmember Solorio, suggested presenting issue to Economic Development, Infrastructure, Budget and Technology Committee. 1. Reject the bid from Naka Engineering & Construction, Inc. as nonresponsive. Vendor did not meet mandatory state prevailing wage requirements for sub -contractor registration. 2. Award a one-time purchase and payment of purchase order to Ultimate Pool Remodeling, Inc. for swimming pool resurfacing and repairs at the Memorial Pool, Salgado Pool and Santa Anita Pool in an amount not to exceed $ 365, , subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve appropriation adjustments. (Requires five affirmative votes). CITY COUNCIL MINUTES 8 MARCH 5, A-8

9 APPROPRIATION ADJUSTMENT NO Recognizing prior year fund balances and appropriating $ 78, 846 into the Residential Development District 1 Fund and $ 50, 357 into the Residential Development District 3 Fund. Penaloza SECOND: Solorio AYES: Iglesias, Penaloza, Sarmiento, Solorio, Villegas ( 5) NOES: ABSTAIN: None ( 0) ABSENT: Pulido ( 1) 20B. APPROVE APPROPRIATION ADJUSTMENT AND AUTHORIZE REIMBURSEMENT AGREEMENT ($50, 000) WITH CHICK-FIL-A FOR COSTS RELATED TO SEVENTEENTH AND TUSTIN ANNEXATION { STRATEGIC PLAN NO. 3, 3C} Community Development Agency; and Planning and Building Agency 1. Authorize the City Manager and the Clerk of the Council to execute a Reimbursement Agreement in the amount of $50, 000 with Chick-fil-A, Inc. for the payment of fees and costs related to annexation processing incurred by Community Development Agency, Planning and Building Agency, Public Works Agency and City Attorney' s Office staff time, consultant services and State Board of Equalization for the Seventeenth and Tustin Annexation, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). 2. Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO Recognizing Fiscal Year Chick-fil- A $ 50, 000 reimbursement deposit to Planning and Building Agency's Special Revenue Fund, Planning Consultant Services Fees Revenue Account and appropriating the same amount to Planning and Building Agency Contract Services, Planning Consultant Services Fees Expenditure Account. Iglesias SECOND: Sarmiento AYES: Iglesias, Penaloza, Sarmiento, Solorio, Villegas ( 5) CITY COUNCIL MINUTES 9 10A-9 MARCH 5, 2019

10 NOES: None ( 0) ABSTAIN: ABSENT: Pulido( 1) SPECIFICATIONS PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A PURCHASE ORDER TO PROFORCE MARKETING, INC. FOR GLOCK HANDGUNS ($ 37, 165) ( SPECIFICATION NO ) { STRATEGIC PLAN NO. 1, 5) - Finance and Management Services Agency; and Police Department Approve a one- time purchase and payment transaction with Proforce Marketing, Inc. for the purchase of 342 new Glock 17 handguns valued at $ 131, 556 in exchange for 342 used handguns with a trade- in value of $ 94,392 and one-time payment of $ 37, 165, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. AWARD PURCHASE ORDER TO GOLDEN STATE AUDIO VIDEO, INC. FOR TECHNOLOGY UPGRADES TO POLICE COMMAND POST VEHICLE 37, 100) ( SPECIFICATION NO ) { STRATEGIC PLAN NO. 1, 1J} - Finance and Management Services Agency; and Police Department Authorize a one- time purchase and payment of purchase order to Golden State Audio Video, Inc. for technology upgrades to the Santa Ana Police Department' s Mobile Command Post vehicle in the amount of 37, 100, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. APPROVE CONTRACT AMENDMENTS WITH AMTECH ELEVATOR SERVICES AND EXCELSIOR ELEVATOR FOR ELEVATOR MAINTENANCE AND REPAIR ($ 124, 500) ( SPECIFICATION NO ) { STRATEGIC PLAN NO. 6, 1 C} - Finance and Management Services Agency; and Police Department Authorize the City Manager and Clerk of the Council to amend the contracts with Amtech Elevator Services and Excelsior Elevator for elevator maintenance and repair services, extending the term through January 31, 2020, and extending the combined contract amount not to exceed $ 124, 500, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 MARCH 5, A- 10

11 22D. AWARD PURCHASE ORDERS FOR CONFINED SPACE AND RESCUE EQUIPMENT ($ 274, 000) ( SPECIFICATION NO ) { STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency; and Public Works Agency Authorize a one-time purchase and payment of purchase orders for confined space and rescue equipment and equipment inspection services for a total aggregate amount not to exceed $ 274,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Allstar Fire Equipment Location Arcadia L. N. Curtis and Sons Oakland National Safety Services Inc. Huntington Beach PROJECTS/ CHANGE ORDERS 23A. AWARD CONSTRUCTION CONTRACT ($976, ) TO DD SYSTEMS INC.' FOR A' NEW `PARK AT 6TH STREET AND LACY STREET ( PROJECT ) ( PARTIALLY GRANT FUNDED) {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency; and Parks, Recreation and Community Services Agency Concilmember Iglesias, inquired if item 23A is related to the land swap item. Director Rudloff, conveyed development of this park does not have any bearing on land swap. Administrative Services Manager for Parks, Recreation Services Agency Ron Ono, clarified that the land swap is a change of deed restrictions. Centennial Park, where college is currently located on the 2. 6 acres, has the recreational use only. Thus, city is purchasing three sites to transfer the deed restrictions onto the new sites and free up the deed restriction at Centennial. Basically, changing title over to new sites. The recreational purposes deed restrictions will transfer to the three new sites thus, release the 2. 6 acres at Centennial allowing council to consider a long- term lease. The National Park Service has allowed city while going through said process, to develop this sites via timesenstive grant funds. 1. Award a contract to DD Systems Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $976,973.84, for the term beginning upon execution of the contract and ending upon project completion, for construction of a new park at 6th Street and Lacy Street, and authorize the City Manager and the Clerk of the CITY COUNCIL MINUTES 11 10A- 11 MARCH 5, 2019

12 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 $1, 221, 218, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $97,698. Iglesias SECOND: Solorio AYES Iglesias, Pulido, Sarmiento, Solorio, Villegas ( 5) NOES: ABSTAIN: ABSENT: Penaloza ( 1) AGREEMENTS 25A. APPROVE A SECOND AMENDMENT TO THE AGREEMENT WITH THE LIBRARY CORPORATION, IN THE ADDITIONAL AMOUNT OF $ 5, 635 TO INCLUDE HOSTED SOLUTION SERVICES TO THE LIBRARY' S COMPUTERIZED INFORMATION SYSTEM { STRATEGIC PLAN NO. 2, 3D) Parks, Recreation and Community Services Agency; and Information Technology. Department Authorize the City Manager and Clerk of the Council to execute a second amendment to the Agreement with The Library Corporation to add Hosted Solution Services to the library' s computerized information system and increase the agreement amount by $ 5, 635 for a total of 230, 063, includes original three-year term and three-year extension, that is scheduled to expire on June 17, 2020, subject to non -substantive changes approved by the City Manager and City Attorney ( AGMT. No ). 25B. Authorize the City Manager and Clerk of the Council to execute the second amendment to the Master Services Agreement with Siemens, CITY COUNCIL MINUTES 12 MARCH 5, A- 12

13 Inc., for ongoing City-wide camera system projects ( City Parks) and systems maintenance. The amendment includes additions to the original scope of work (four new City Parks and Year 2 of systems maintenance), and increases the overall agreement amount of $ 1, 221, 250 by $ 295,574, for a new amount not to exceed $ 1, 516, 824, subject to non -substantive changes approved by the City Manager and City Attorney. The term of the agreement remains November 9, 2017 through November 8, 2020 ( AGMT. No ). Iglesias SECOND: Solorio AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: ABSTAIN: None ( 0) ABSENT: 25C: APPROVE AGREEMENT ($ 155, 343) WITH CALIFORNIA FORENSIC PHLEBOTOMY FOR BLOOD TECHNICIAN SERVICES { STRATEGIC PLAN NO. 1, 1 F} Police Department Authorize the City Manager and Clerk of the Council to execute a three- year agreement with California Forensic Phlebotomy, for the period of March 5, 2019 through March 4, 2022, to perform blood related technician services, in an amount not to exceed $ 155, 343 ( including a 15,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). 25D. APPROVE AN AGREEMENT ($ 140, 000) WITH BENEFIT FINANCIAL SERVICES GROUP FOR PLAN AND INVESTMENT ADVISORY SERVICES PERTAINING TO THE 457 DEFERRED COMPENSATION PLAN STRATEGIC PLAN NO. 7, 4} Finance and Management Services Agency Authorize the City Manager and Clerk of the Council to execute an agreement with Benefit Financial Services Group (" BFSG") for plan and investment advisory services (" services") pertaining to the 457 Deferred Compensation Plan for an initial three-year term beginning March 5, 2019 through December 31, 2022 for an annual not -to -exceed amount of 28, 000, with a provision for a two-year extension exercisable by the City Manager and the City Attorney for an annual not -to -exceed amount of 28,000 for a total aggregate of $140, 000 ( including extension), subject to CITY COUNCIL MINUTES 13 MARCH 5, A- 13

14 non -substantive changes approved by the City Manager and the City Attorney (AGMT. No ). 25E. AGREEMENT FOR MAIL PROCESSING SERVICES WITH PITNEY BOWES PRESORT SERVICES, INC. ($ 100, 000) { STRATEGIC PLAN NO. 7, 5} Finance and Management Services Agency Authorize the City Manager and Clerk of the Council to execute an agreement with Pitney Bowes Presort Services, Inc. to provide mail processing services for a three-year period beginning February 1, 2019 and expiring February 28, 2022, in an amount not to exceed $ 20,000 annually for a total aggregate of $ 100, 000 ( including extensions), with provision for two, one-year extensions exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). 25F. APPROVAL OF AGREEMENTS ($ 114, ) WITH LIEBERT, CASSIDY WHITMORE FOR SPECIAL LEGAL COUNSEL SERVICES AND CONSORTIUM EMPLOYEE TRAINING { STRATEGIC PLAN NO. 7; 4, 5, 6 & 7} Human Resources Department Authorize the City Manager and Clerk of the Council to execute Professional Services Agreements with Liebert Cassidy Whitmore subject to non -substantive changes approved by the City Manager and City Attorney for: Special legal counsel services for labor contract negotiation assistance and legal consultation services for the period of January 1, 2019 through December 31, 2019 in the amount of $110, 000 (AGMT. No ), and 2. Expert training and consultation services in the amount of $4, for the period of January 1, 2019 through December 31, 2019 ( AGMT. No ). ITEM 25G CONSIDERED OUT OF ORDER 25G. AGREEMENT ($ 4, 000) WITH CPS -HR) TO CONDUCT A STRATEGIC PLAN NO. 7, 7} k i Resources Department CITY COUNCIL MINUTES 14 MARCH 5, OA -14

15 AMENDED Consideration of matter continued to a month. Solorio SECOND: Penaloza AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: None ( 0) ABSTAIN: None ( 0) ABSENT: Item pulled to reconsider motion to continue for a month. 25H. APPROVE PURCHASE AGREEMENT ($ 605, 000) FOR REAL PROPERTY ACQUISITION LOCATED AT 2245 S. CYPRESS AVE. (APN ) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 ( PROJECT NO ) NON -GENERAL FUND) { STRATEGIC PLAN NOS. 6, 1G; 3, 2C) Public Works Agency Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the real property located at 2245 S. Cypress Ave. (APN ), full acquisition and goodwill (if any) in the amount of $ 605, 000 with Amalla Garcia Bergara, subject to nonsubstantive changes approved by the City Manager and City Attorney ( AGMT. No ) APPROVE AN AMENDMENT TO AGREEMENT W ITH FIESTA DE CARNIVAL, IN THE ADDITIONAL AMOUNT PAYABLE TO THE CITY OF $ TO PRODUCE CARNIVALS AT CITY PARKS { STRATEGIC PLAN NO. 5, 413) Parks, Recreation and Community Services Agency Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival by increasing the fee by $ for a total annual amount of $43, payable to the City to produce seven carnivals a year at City parks for the remaining term through February 5, 2020 and the three, one- year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). 25J. APPROVE AGREEMENT ($ 42, ) WITH RELIAS LLC FOR SANTA ANA POLICE DEPARTMENT / JAIL TRAINING SOFTWARE { STRATEGIC PLAN NO. 1, 4) Police Department CITY COUNCIL MINUTES 15 MARCH 5, A- 15

16 Authorize the City Manager and Clerk of the Council to execute the attached three- year agreement with Relias LLC for the purchase and maintenance of training software for the Police Department Jail Bureau, for the period of March 1, 2019 through February 28, 2022, in the amount of $42, , including a $ 2, 000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney ( AGMT. No ). MISCELLANEOUS - BUDGET 29A. AUTHORIZE PAYMENT ($ 41, ) TO SOUTHERN CALIFORNIA EDISON FOR STREET LIGHT IMPROVEMENT IN THE SANTA ANITA NEIGHBORHOOD ( GRANT FUNDED) { STRATEGIC PLAN NO. 5, 4D) Planning and Building Agency; and Community Development Agency Authorize a one- time payment to Southern California Edison in the amount of $41, for street lighting improvements in the Santa Anita neighborhood between Camille Street and Jackson Avenue and Hazard Avenue and Harbor Boulevard. LAND USE MATTERS TENTATIVE PARCEL/ TRACT MAPS 32A. TENTATIVE PARCEL MAP NO TO ALLOW THE SUBDIVISION OF AN EXISTING ACRE PARCEL INTO SIX AIR -RIGHT CONDOMINIUM UNITS AND TWO LEGAL LOTS AT 1920 THROUGH 1940 EAST DEERE AVENUE LUKE CORSBIE, APPLICANT { STRATEGIC PLAN NOS. 3, 2) Planning and Building Agency Planning Commission adopted a resolution approving Tentative Parcel Map No on January 28, 2019 by a vote of 5-0 (Alderete and Benavides absent). Receive and file the staff report approving Tentative Parcel Map No ( County Map ) as conditioned. END OF CONSENT CALENDAR** ACTING CLERK OF THE COUNCIL ADMINISTERED OATH OF OFFICE TO RIVERA, PLANNING COMMISSIONER, AFTER CONSIDERATION OF ITEM 19C. FELIX CITY COUNCIL MINUTES 16 MARCH 5, A- 16

17 BUSINESS CALENDAR ITEMS ORDINANCES/ FIRST READING 50A. ADOPT AN ORDINANCE TO AMEND CITY MANAGER' S CONTRACTING AUTHORITY FOR NON- PUBLIC WORKS AND PUBLIC WORKS CONTRACTS { STRATEGIC PLAN NOS. 4, 1; 7, 5E) Public Works Agency Councilmember Sarmiento, unsupportive of item. Supportive of $ 50, 000 signing authority. Acting City Manager Mendoza, noted items are budgeted and signing authority increase would promote efficiency. Mayor Pro Tem Villegas, supportive of item. Councilmember Penaloza, supportive of increasing City Manager signing authority to $ 50,000. Unsupportive of item as presented. Councilmember Solorio, supportive of increasing City Manager signing authority to $ 50, 000. FRIENDLY AMENDED Revise ordinance to increase City Manager' s contracting authority from $ 25,000 to $ 50, 000 for non- public works contracts, approve staffs recommendation to increase from $25, 000 to $250, 000 for public works contracts, increase from $ 10, 000 to $100, 000 for emergency public works construction, and amend his/ her contracting authority for change orders consistent with the new contracting limits for public works contracts; and place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND SECTION OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY MANAGER' S AUTHORITY TO BIND THE CITY TO NON- PUBLIC WORKS AND PUBLIC WORKS CONTRACTS, AND REORGANIZING THE CITY MANAGER' S CONTRACT AUTHORITY UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE Solorio SECOND: Sarmiento AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 5) NOES: Iglesias ( 1) CITY COUNCIL MINUTES 17 MARCH 5, A- 17

18 ABSTAIN: ABSENT: RESOLUTIONS 55A. APPROVE AN APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ($ 42, 382) ACCEPTING FY 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT ( EMPG) { STRATEGIC PLAN NO. 1, 2E, 6B} Police Department MOTION. 1. Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO Recognizing $ 42, 382 in Emergency Management Performance Grant ( EMPG) funds in revenue account, and appropriating same to expenditure account. 2. Adopt a resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OF HIS DESIGNEE( S) TO OBTAIN 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 3. Authorize the City Manager and the Clerk of the Council to execute a one-year agreement with the County of Orange, commencing July 1, 2018, for the Emergency Management Performance Grant (EMPG) in an amount not to exceed $ 42, 382, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). Solorio SECOND: Sarmiento AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES 18 MARCH 5, A- 18

19 55B. ADOPT A RESOLUTION TO PROVIDE FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS { STATEGIC PLAN NO. 71 Human Resources Department Adopt a resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS Villegas SECOND: Solorio AYES: Iglesias, Penaloza, Pulido, Villegas ( 6) Sarmiento, Solorio, NOES: ABSTAIN: None ( 0) ABSENT: None ( 0) 55C. ADOPT A RESOLUTION TO ADD POSITIONS OF RISK MANAGEMENT TECH AND HUMAN RESOURCES ANALYST IN THE HUMAN RESOURCES DEPARTMENT; EXECUTIVE SECRETARY, PARK SERVICES INSPECTION SUPERVISOR AND PARKS SERVICES INSPECTOR II TO THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY AND POLICE INVESTIGATIVE SPECIALIST IN THE POLICE DEPARTMENT AND TO REALLOCATE THE POSITION OF JAIL ADMINISTRATOR TO POLICE CAPTAIN IN THE POLICE DEPARTMENT { STRATEGIC PLAN NO. 7, 6} Human Resources Department; Parks, Recreation and Community Services Agency; and Police Department Councilmember Solorio, noted item consists of appropriation adjustment and requires five votes. Supportive of two-week continuance or be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee meeting first. Unsupportive of item as presented. CITY COUNCIL MINUTES 19 MARCH 5, A- 19

20 Councilmember Penaloza, conveyed there is a need in many of the departments and recommends filling positions in the Human Resources Department to support the organization with recruitment and training. Mayor called for a motion. Mayor Pro Tem Villegas, requested the amount of the appropriation adjustment. Adopt a resolution.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET FOR FISCAL YEAR Villegas SECOND: Penaloza AYES: Penaloza, Villegas ( 2) NOES: None ( 0) ABSTAIN: None ( 0) ABSENT: Iglesias, Pulido, Solorio, (3) Councilmember Sarmiento did not vote. Motion failed. Councilmember Sarmiento, inquired to have matter considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. Councilmember Solorio, supportive. AMENDED Consideration of matter to be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. Sarmiento SECOND: Solorio AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES 20 MARCH 5, OA -20

21 Mayor made an announcement to excuse Councilmember Sarmiento who left dais at 8: 14 P. M. and did not return. 55D. APPROVE AN EXTENSION OF CONDITIONAL USE PERMIT NO AND VARIANCE NOS AND FOR THE SOUTH COAST SPEEDWASH TO BE LOCATED AT 2402 SOUTH BRISTOL STREET STRATEGIC PLAN NO. 3, 21 Planning and Building Agency MOTION; Adopt a resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO AND VARIANCE NOS AND FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL STREET Iglesias SECOND: Solorio AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas ( 5) NOES: ABSTAIN: ABSENT: Sarmiento ( 1) REPORTS ITEM 65A CONSIDERED OUT OF ORDER AFTER CONSIDERATION OF ITEM 25G 65A. APPROVE A LICENSE EXTENSION AGREEMENT WITH RANCHO COMMUNITY COLLEGE DISTRICT FOR OPERATION OF THE EDUCATION CENTER AT CENTENNIAL PARK { STRATEGIC PLAN NO. 2, 4A) Parks, Recreation and Community Services Agency The following spoke on matter: Chris Schmidt, expressed opposition to item. Ruben, in support of item. Provided City Council with historical review of agreement. Council discussion ensued. CITY COUNCIL MINUTES 21 MARCH 5, OA -21

22 Councilmember Solorio, expressed support of a two- year extension and creation of ad hoc committee to explore alternatives. Councilmember Penaloza, expressed support for an extension agreement. Councilmember Sarmiento, supportive of item. Suggested using State funding towards education purposes. Councilmember Iglesias, supportive of ad hoc committee. Mayor Pulido, supportive of two-year extension. Authorize the City Manager and Clerk of the Council to execute a license agreement extension with Rancho Santiago Community College District to operate the Educational Center at Centennial Park for two years to expire on November 5, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No ). Solorio SECOND: Sarmiento AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6) NOES: ABSTAIN: ABSENT: 65B. APPROVE AN APPROPRIATION ADJUSTMENTS RECOMMENDED WITH THE MID -YEAR BUDGET UPDATE ( STRATEGIC PLAN NO. 4, 1) Finance and Management Service Agency Consideration of matter continued from the February 5, 2019 City Council Meeting. Continued from the February 19, 2019 City Council meeting by a vote of 4-0 ( Reyna, Sarmiento and Solorio absent). AMENDED Consideration of matter to be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. Iglesias SECOND: Solorio AYES: Iglesias, Penaloza, Pulido, Solorio, Villegas ( 5) CITY COUNCIL MINUTES 22 MARCH 5, OA -22

23 NOES: None ( 0) ABSTAIN: ABSENT: Sarmiento ( 1) 65C. CONSIDER THE APPROVAL OF AN APPROPRIATION ADJUSTMENT TO FUND MEMORANDUM OF UNDERSTANDING ( MOU) WITH THE SANTA ANA POLICE OFFICERS ASSOCIATION ( SAPOA) { STRATEGIC PLAN NO. 4, 1) Finance and Management Service Agency Consideration of matter continued from the February 5, 2019 City Council Meeting. Continued from the February 19, 2019 City Council meeting by a vote of 4-0 ( Reyna, Sarmiento and Solorio absent). Mayor Pulido left dais at 8: 28 P. M. and did not return. The following spoke on matter: Paul Gonzalez, unsupportive of item. Michele Martinez, unsupportive of item. Chris Schimdt, unsupportive of item. Hairo Cortez, unsupportive of item. Council discussion ensued. Councilmember Solorio, supportive of option two. Councilmember Iglesias, directed City Attorney to bring forth budget work study session when permanent City Manager has been selected. Mayor Pro Tem Villegas, unsupportive of item. Opined need to be fiscally responsible. Make no appropriation adjustment at this time, with the understanding that staff may have to return to the City Council for a future appropriation adjustment for the Police Department to fully operate through June 30, Iglesias SECOND: Penaloza CITY COUNCIL MINUTES 23 MARCH 5, OA -23

24 AYES: Iglesias, Penaloza, Solorio, Villegas ( 4) NOES ABSTAIN None ( 0) ABSENT: Pulido, Sarmiento ( 2) SPECIAL OPEN MEETING ITEM 65D. RECOMMENDATION THAT THE CITY COUNCIL DISCUSS AND DIRECTION TO STAFF REGARDING: [ 1] THE DECLARATION OF A VACANCY AND APPOINTMENT TO THE WARD 4 COUNCIL OFFICE AS REQUIRED BY CITY CHARTER SECTION 403,[ 21 THE CANDIDATE APPLICATION PROCESS; [ 3] POSSIBLE DATES TO CONDUCT CANDIDATE INTERVIEWS. The following spoke on matter Carl Benninger, urged City Council to fill vacant seat and not wait until a special election in November. Michelle Martinez, urged City Council to appoint a new council member who can meet the needs of the community. Council discussion ensued. Councilmember Iglesias requested clarification on the process. City Attorney Carvalho, under the terms of the City Charter the council has a duty to declare position vacant. Once vacancy is declared, council "shall' fill the vacancy by appointment within 30 days from date of vacancy; however, if council fails to fill vacancy by appointment then council must call a special election. The first step is declare vacancy, then direct staff regarding the type of process in filling vacancy. Councilmember Solorio, expressed the importance to declare vacancy and proceed with providing direction as to the process: Nixie announcement Place on Social Media platforms Submit letters of interest or resumes Submitted to the Clerk of the Council Office Place on the next agenda to interview and/ or take action on March 19, 2019 Possibly create an ad hoc committee or special meeting to screen the initial candidates. CITY COUNCIL MINUTES 24 MARCH 5, OA -24

25 Councilmember Penaloza, unsupportive of an ad hoc committee and prefers the council as a whole to be part of the process; inquired about the 30 day window expiration date. City Attorney Carvalho, conveyed that March 30, 2019, is the expiration date; the appointee would have to reside in Ward 4, as those boundaries existed in November In addition, the appointee must have lived in ward 4 for a 12 months. Councilmember Solorio moved to declare vacancy and proceed with appointment. City Attorney Carvalho, advised Statement of Economic Interest form. Mayor Pro Tem Villegas requested to declare vacancy. council to consider applicant complete a Councilmember Solorio accepted friendly amendment; Mayor Pro Tem Villegas seconded. FRIENDLY AMENDED Declare vacancy in ward 4, per City Charter Section 403, pursue an appointment process, direct staff to perform outreach through existing communication platforms such as Nixie, social media, City' s website; the communication must be specific as to what makes one eligible which includes residency, boundaries, expectations, letter of interest/resume indicating ability to meet qualification or interest for running, along with completion of Statement of Economic Interest form to be submitted to the Clerk of the Council Office by noon on Tuesday, March 12, 2019; and possibly conduct interviews at the March 19, 2019 Regular City Council meeting. Solorio SECOND: Villegas AYES: Iglesias, Penaloza,, Solorio, Villegas ( 4) NOES ABSTAIN: ABSENT: Pulido, Sarmiento (2) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. APPROVE A PRE -LOAN COMMITMENT OF $ 231, 494 OF AFFORDABLE HOUSING FUNDS AND A COMMITMENT FOR A 99 -YEAR GROUND -LEASE CITY COUNCIL MINUTES 25 MARCH 5, OA -25

26 TO HABITAT FOR HUMANITY OF ORANGE COUNTY FOR THE DEVELOPMENT OF THE LACY STREET PROJECT LOCATED AT 416 VANCE STREET AND 826 N. LACY STREET ( APN: ) STRATEGIC PLAN NO. 5, 3C} Community Development Agency At its regular meeting on January 23, 2019 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions by a vote of 5:0 ( Ramos and Urzua abstained). Continued from the February 5, 2019 City Council meeting by a vote of 6-0 Reyna absent) and February 19, 2019 by a vote of 6-0 ( Reyna absent). CITY COUNCIL ACTION Authorize the City Manager and the Clerk of the Council to execute a pre -loan commitment letter with Habitat for Humanity of Orange County (" Habitat for Humanity") for $ 231, 494 in Inclusionary Housing Funds for the development of the Lacy Street affordable housing project located at 416 Vance Street (APN ) and 826 N. Lacy Street (APN ), subject to non -substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority and the Recording Secretary to. execute a pre -commitment letter with Habitat for Humanity of Orange County (" Habitat for Humanity") for a 99 -year ground -lease of 416 Vance Street (APN ) and 826 N. Lacy Street APN ) for the development of the Lacy Street affordable housing project, subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. Solorio SECOND: Iglesias AYES Iglesias, Penaloza, Solorio, Villegas ( 4) NOES: None ( 0) ABSTAIN: None ( 0) ABSENT: Pulido, Sarmiento ( 2) CITY COUNCIL MINUTES 26 MARCH 5, OA -26

27 80B. APPROVE A PRE -LOAN COMMITMENT OF $ 1, 687, 047 OF AFFORDABLE HOUSING FUNDS AND EIGHTY- NINE PROJECT -BASED VOUCHERS TO JAMBOREE HOUSING FOR THE BUDGET INN PROJECT LOCATED AT 1108 N. HARBOR BLVD. { STRATEGIC PLAN NO. 5, 3C) Community Development Agency At its special meeting on December 19, 2018 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions by a vote of 5: 0 ( Ramos and Urzua abstained). CITY COUNCIL ACTION Authorize the City Manager and the Clerk of the Council to execute a pre -loan commitment letter with Jamboree Housing Jamboree") for $ 1, 687, 047 in Community Development Block Grant CDBG) Funds for the development of the Budget Inn affordable housing project located at 1108 N Harbor Blvd, Santa Ana, CA 92703, subject to non -substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Approve an award of eighty-nine ( 89) project -based vouchers and authorize the Executive Director of the Housing Authority and the Recording Secretary to execute an Agreement to Enter into a Project - Based Vouchers Housing Assistance Payments Contract with Jamboree for the development of the Budget Inn affordable housing project located at 1108 N Harbor Blvd, Santa Ana, CA 92703, subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. Solorio SECOND: Villegas AYES: Iglesias, Penaloza, Solorio, Villegas ( 4) None ( 0) ABSTAIN: None ( 0) ABSENT: Pulido, Sarmiento (2) CITY COUNCIL MEETING RECESSED AT 9: 15 P. M. AND CONVENED THE HOUSING AUTHORITY MEETING. CITY COUNCIL MEETING RECONVENED TO THE CITY COUNCIL MEETING AT 9: 16 P. M CITY COUNCIL MINUTES 27 MARCH 5, OA- 27

28 COMMENTS PUBLIC COMMENTS ( If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). 90A. CITY MANAGER'S COMMENTS Acting City Manager, noted Willowick ad hoc committee meeting scheduled for March 13, upcoming community budget meetings on March 12, 13, 20, 26, and 28th and upcoming OC Street Car construction CITY COUNCILMEMBER COMMENTS Councilmember Solorio, noted upcoming 150th anniversary celebration scheduled for October 26, 2019, Boca De Oro event held last weekend, and upcoming budget presentations. Councilmember Penaloza, noted Upward Bound program operating at Santa Ana College and attendance at recognition ceremony at Saddleback High School. Councilmember Iglesias, provided council with report out of attendance at neighborhood meeting. Directed staff to present to council at next meeting and item to. address proposed County homeless shelter and to reach out to County to request attendance by a representative. Supportive of introducing agenda item to address budget impact from the Santa Ana Police Officers Association Memorandum of Understanding ( MOU). ADJOURNMENT - 9: 34 P. M. - The next meeting of the City Council is scheduled for TuPsdav_ March 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. Norma Mitre Acting Clerk of the Council CITY COUNCIL MINUTES 28 1OA- 28 MARCH 5, 2019