DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 1 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
th
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City Council 2 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 3 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 4 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 5 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
th
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City Council 6 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 7 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 8 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 9 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
th
th
City Council 10 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 11 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 12 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David SalazarChavez, part of the Victory Outreach organization, spoke in opposition of item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke in opposition of item 28. Encouraged council to research ways the city can encourage hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East Senior Park Apartments on First Street. Asked council to not forget the local seniors.
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed support of the Housing Opportunity Ordinance.
Elias Cazalas, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.
MINUTES: This consent Item Ordinance No. NS3018 was approved.
10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve.
YES: 4 – Hernandez, Lopez, Phan, Sarmiento
NO: 3 – Mendoza, – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 4 – 3 – 0 – 0 – Pass
MINUTES: Mayor Pro Tem Bacerra moved to deny item 11. Motion died to a lack of a second.
This consent Item Ordinance No. NS3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to non substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed staff to provide reports on past performance of contractors in their bidding process.
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager 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 $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022057 was approved.
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Mayor Pro Tem Bacerra provided input to staff. Expressed concern for site location on Santa Ana Water Tower. Requested staff to adjust language in agreement to bring site decisions to council rather than by staff.
This consent Item Agreement No. 2022059 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to approve recommended action with the following amendment:
· Remove the Santa Ana Water Tower as one of the sites. · In the agreement change last paragraph of section four to remove without limitation language from the first sentence and amend second sentence to read, “City shall review proposed additional telecommunication devices and provide approval if such additional telecommunication devices are found to be compliant with applicable federal and state regulation laws and city ordinance requirements.”
· In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional locations are subject to approval by the City Council
· In exhibit A, Section C.A.8 remove the language after the words doublesided to eliminate any reference to the water tower.
YES: 6 – Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 1 – Lopez
ABSTAIN: 0
ABSENT: 0
Status: 6 – 1 – 0 – 0 – Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a three year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item Resolution No. 2022028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued housing and desire to see more diversity in housing options for the homeless population.
Moved by Mayor Sarmiento, seconded by Councilmember Mendoza to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the final budget for the shelter.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Phan
Status: 6 – 0 – 0 – 1 – Pass
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 824 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33263 item A, regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names’ costs be covered by the applicant and not the city tax dollars. Supportive of having a council discretion provision to determine how long the ceremonial street name would remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any councilmember brings forth a proposal to have an honorary street name that the council and the city cover the costs; died due to a lack of a second.
Council directed staff to return with more comparisons of local and national cities on policies of ceremonial street toppers and associated costs.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to continue item and direct staff to bring the item back with two options: one that includes the fees and one that excludes the fees. Include a council discretion provision when it comes to 10 years versus an indefinite period for both options, and provide comparison of cities on policies of ceremonial street toppers and associated costs.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to staff to have the Public Safety Committee look at different ideas for stronger enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.
2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.
3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all organizations that have applied. Identify which ones have been funded, which ones have not and indicate why.
Housing Division Manager Judson Brown addressed council regarding the Request for Proposal (RFP) process and available workshops available to the nonprofits new to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the nonprofits can be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of these nonprofits.
Public hearing was not closed and continued to the next council meeting.
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to continue.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.
3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on council’s hesitation of nonet loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI’s Environmental Law Clinic spoke in support of city’s effort to engage city and dedication to environmental justice advocacy and a clean future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2) Adopt a resolution approving General Plan Amendment No. 202006 with the recommended changes and clarifications as shown in the attached exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan, and 3) Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council has authority to designate all open space in the general plan.
Councilmember Phan requested letter in response to Rise Up Willowick in regards to nonet space and council’s position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37 a.m.
This Public Hearing Item Resolution Nos. 2022029, 2022030, and 2022031 were approved.
Moved by Councilmember Phan, seconded by Councilmember Hernandez to adopt amended substitute motion to 1) Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 and 2) Adopt a resolution approving General Plan Amendment No. 202006 with the resolution line indicating the General Plan amendment will not go into effect until one day after the Housing Opportunity Ordinance takes effect and the clarification in Exhibit 2 with the additional item to allow the use of the least restrictive interim development standards to apply within those five focus areas within the plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to approve a second substitute motion to adopt recommended action 3, a resolution of findings to overrule the John Wayne Airport Orange County Land Use Commission’s determination the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.
YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza, Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor Pro Tem, – Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra MINUTES: Council discussion ensued and direction provided to staff. Majority of council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city employee or council from using copyrighted music or materials in order to prevent the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4, 2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify current policies and procedures for certain situations. Reiterates that to be an advocate for justice is not to be antilaw enforcement. Stated that justice is about working and helping those people that need it. Provided direction to staff to bring this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss housing development for the 2525 North Main Street site on April 20, 2022 at First Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27 , national denim day to commiserate Sexual Harassment Awareness. Also, the date marks the 50 anniversary of Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be more sustainable and environmentally friendly. Offered condolences and a personal story in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that they are not over concentrated in residential neighborhoods. Asked City of Attorney to advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as final decision in this case that will and can help Santa Ana with the amount of nuisance problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022 starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on Orange County Transportation Authority (OCTA) progress and spoke on his personal interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and important items over past couple of years and does not want it to go unnoticed. Lastly, spoke on Michael Macres and adjourned meeting.
ADJOURNMENT – Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20, 2022 at 1:22 p.m.
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City Council 13 4/19/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
April 19, 2022
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at 5:05 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session Items.
MINUTES: No public comments on Closed Session items.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Pro Tem Bacerra recessed the portion of the meeting to consider the Closed Session item(s) at 5:06 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6 :35 p.m. and convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember Hernandez for speaking with police officers and attempts to build community. Wished to honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario Church, spoke in opposition of item 28.
James Sorto, representing TeKenjutsuKan KarateDo Organization a 501C3 NonProfit Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to item 28 and asked council to reconsider the firework ban.
Estela Salas, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing TeKenjutsuKan KarateDo Organization, spoke in opposition to item 28. Detailed how funds from fireworks sales enrich the student’s lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to review how to support funding of the nonprofits. Expressed support of a civilian lead police oversight commission.
Kelly KrauseLee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule, Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador Park, spoke in support of item 28. Expressed concern for the increase in field reservations and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item 28 and expressed the importance of finding other ways to fundraise in order to avoid future environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and sale of all fireworks to the November 2022 election.