Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 14 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
th
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City Council 15 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 16 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 17 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 18 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 19 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
th
th
City Council 20 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 21 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 22 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 23 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 24 5/3/2022
Minutes of the Regular Meeting of the City
Council and Housing Authority
City of Santa Ana, California
May 03, 2022
SPECIAL CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
SPECIAL 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: Mayor Sarmiento called the Special Closed Session meeting to order at 4:13 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present.
PUBLIC COMMENTS – Members of the public may address the City Council on Special Closed Session items.
MINUTES: No public comments on Special 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. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129.
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134.
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case
Consideration of Amicus Brief, Ohio House, LLC v. City of Costa Mesa, 8:2019cv 01710 (United States District Court, Central District of California, filed Sept. 6, 2019).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager 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 Special Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session item(s) at 4:15 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 5 :45 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 5:52 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.
WORDS OF INSPIRATION Rabbi Stephen Einstein
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Behr Paint Company in Recognition of their 75Year Anniversary.
MINUTES: Item 3 was taken out of order and considered after item 1 followed by items 4, 5, 2, and 6.
2. Proclamation presented by Councilmember Hernandez to Neutral Ground declaring May 2022 as National Mental Health Awareness Month.
3. Certificate of Recognition presented by Councilmember Lopez and Mayor Sarmiento to Orange County Fire Authority Chief James Henery for 35years of Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to El Mariachi Santanero for Outstanding Contributions to the Community.
5. Proclamation presented by Councilmember Penaloza to Eva Barrios declaring April 2430, 2022 as National Crime Victims’ Rights Week.
6. Proclamation presented by Councilmember Phan and Councilmember Hernandez to the Lau Family declaring May, 2022 as Asian American and Pacific Islander Heritage Month.
STAFF PRESENTATIONS
7. OC Streetcar Project – Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief update.
Council discussion ensued and input provided.
8. Homelessness Update
MINUTES: Homeless Division Services Manager Gominsky Jr, Kenneth provided a brief presentation.
Council discussion ensued and provided input to city staff.
Councilmember Phan requested legislative updates.
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
Mayor Sarmiento announced that items 1214 will be taken out of order prior to public comments.
Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner, Daniel Cornelious, Community Development Commissioner, and Roberto Herrera, Parks, Recreation and Community Services Commissioner.
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: Mayor Sarmiento announced that Public Hearing item 35 has been continued.
Delilah Snell spoke on item 7 with concern to street access for emergency personnel. Also, called on Orange County Transportation Authority (OCTA) to aide and support the businesses in downtown Santa Ana.
Ana Padilla spoke on item 7 and emphasized a need for further relief from the OCTA and requested the support from council and the Board of County Supervisors.
Maria Perez thanked the mayor and council for the economic relief provided but called on OCTA to support the affected businesses.
Juliet Castro spoke on item 7 and expressed concern with the loss of business caused by the streetcar construction. Juliet requested help from OCTA and council to continue providing support to the affected businesses.
Nati Alvarado spoke on a nonagenda item and emphasized the need for crime intervention and prevention.
Roberto Herrera spoke on his appointment, item 14, and thanked the council. Addressed council on colonialism as it relates to open space.
Daniel Estrada expressed the need for community journalism.
Lucia Gonzalez spoke in opposition of item 31.
Perla Dionicio spoke in opposition of item 31 and emphasized the need for love in the community.
Jackie Cordova spoke on the May 5 National Missing and Murdered Native Women and Girls Awareness Day and lack of communication.
Victor Mendez provided comment on the budget, item 30, and spoke in opposition of item
31. Clerk of the Council Daisy Gomez reported out on correspondence received.
Alfredo Torreblanca spoke on a past program, Catalina Campout Program, that was offered by the City of Santa Ana and how it impacted his life. Noted that similar programs help youth develop a sense of self sufficiency and asked that council agendize a conversation about reinstating this program.
Tsui Vazquez spoke on the Catalina Campout program. Urges council to agendize the item to bring back the program to help bring this program back.
DeAndre Valencia with the Building Association of California spoke on the Housing Opportunity Ordinance.
Mario advocated the return of the Catalina Campout program.
Tim Johnson spoke in support of item 28, on public comments and provided input on item
30. Kara Juarez spoke in opposition of item 31.
After public comments, Council heard items 35, 33 and consent calendar items prior to hearing work study session item 9.
WORK STUDY SESSION
9. Lobbyist Registration Assessment
Department(s): Clerk of the Council Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Work study session considered out of order, after consent calendar items.
Clerk of the Council Daisy Gomez and Management Partners consultant Andrea Miller provided a brief presentation.
Council discussion ensued and direction provided to staff to bring back an ordinance.
After the work study session was heard, council considered item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 10 through 29.
10. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
11. Minutes from the Regular and Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
12. Appoint Jose Mario Fernandez nominated by Councilmember Hernandez as the Ward 5 representative to the Arts and Culture Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Jose Mario Fernandez to the Arts and Culture Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Jose Mario Fernandez, Arts and Culture Commissioner.
13. Appoint Daniel Cornelious nominated by Councilmember Hernandez as the Ward 5 representative to the Community Development Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Daniel Cornelious to the Community Development Commission representing Ward 5 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Daniel Cornelious, Community Development Commissioner.
14. Appoint Roberto Herrera nominated by Councilmember Lopez as the Ward 3 representative to the Parks, Recreation and Community Services Commission for a partialterm expiring December 10, 2024
Department(s): Clerk of the Council Office
Recommended Action: Appoint Roberto Herrera to the Parks, Recreation and Community Services Commission representing Ward 3 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 1214.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Hernandez administered the oath of office to Roberto Herrera, Parks, Recreation and Community Services Commissioner.
15. Approve Destruction of Obsolete City Records
Department(s): City Attorney Office, Clerk of the Council Office Recommended Action: Approve the request for the destruction of obsolete records from the City Attorney’s Office and Clerk of the Council’s Office in accordance with the retention schedule outlined in City Council Resolution 2013014.
16. Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2022 to March 2022 MINUTES: Council discussion ensued and input and direction provided to staff.
Mayor Pro Tem Bacerra asked staff to perform additional outreach.
Received and filed quarterly report.
17. Award a Purchase Order in the Amount of $147,988.87 to Hewlett Packard Enterprise for Server and Storage Support (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to Hewlett Packard Enterprise for HP Support Services for Servers and Storage Systems, for a threeyear period beginning May 14, 2022 through May 14, 2025, in the amount of $147,988.87, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Approve Memorandum of Understanding and Appropriation Adjustments for Edward Byrne Memorial Justice Assistance Grant Program Funding (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding (#15PBJA21GG01188JAGX) with the County of Orange, Sheriff’s Department for the period of October 1, 2020 through September 30, 2024, accepting the 2021 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $105,143, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment recognizing $105,143 in the Law Enforcement Grants revenue account and appropriate same to expenditure account. (Requires five affirmative votes.)
3. Approve an appropriation adjustment recognizing $6,110 in the Law Enforcement Grants revenue account and appropriate same to expenditure account for portions of the 2019 and 2020 Edward Byrne Memorial Justice Assistance Grant program funds. (Requires five affirmative votes.)
MINUTES: This consent Item Agreement No. 2022061 was approved.
19. Approve a FiveYear Agreement with Rancho Santiago Community College District for Course Registration Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Rancho Santiago Community College District for registering students to receive college credit for attending certified training, for the period of July 18, 2022 through July 17, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney. This agreement will result in tuition expenses of up to $95,835, and generate up to $270,000 in reimbursement revenue over the fiveyear term (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022062 was approved.
20. Approve an Appropriation Adjustment and a Purchase and Sale Agreement for the Purchase of Real Property at 315 E 17th Street in the Amount of $550,000 for the Relocation of a Water Resources Pressure Regulating Vault (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with HuuAn Nguyen for the purchase of real property located at 315 E 17 Street (APN 00315349), in the amount of $550,000, plus normal closing costs and escrow fees, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $575,000 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, Land expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $575,000 in construction funds for the Pressure Regulating Vault Relocation Project (No. 226474).
MINUTES: This consent Item Agreement No. 2022063 was approved.
21. Approve an Agreement with All Environmental, Inc., dba AEI Consultants in the Amount of $300,000, to Conduct a Facilities Condition Assessment for Various City Buildings and Structures Throughout the City of Santa Ana, for up to a Threeyear Term (Specification No. 21014) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with All Environmental, Inc., dba AEI Consultants to provide comprehensive Citywide facilities assessment services for a oneyear period beginning May 3, 2022 and expiring May 1, 2023, with a provision for two, oneyear renewal options exercisable by the City Manager and City Attorney, in an annual amount not to exceed $285,838, with a contingency of $14,162, for a total agreement amount not to exceed $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022064 was approved.
22. Approve Agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. for OnCall Demolition Services for a Total Amount not to Exceed $2,000,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with J&G Industries, Inc., Macro Z Technology Co., Interior Demolition, Inc., and American Wrecking, Inc. to provide oncall demolition services, for a shared aggregate amount not to exceed $2,000,000 for a threeyear term beginning May 3, 2022 and expiring May 2, 2025, with provisions for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
MINUTES: This consent Item Agreement No. 2022065 was approved.
23. Approve a Reallocation of Funds and Increase the Shared Agreement Amount by $40,000 for Existing Agreements with TSI and AIM for a new Aggregate Amount not to Exceed $140,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve the reallocation of $40,000 in unspent Measure M2 Local Fairshare funds from Traffic Management Plans FY19/20 Project (No. 20 6897) to Traffic Management Plans FY 20/21 Project (No. 216897).
2. Authorize the City Manager to execute agreement amendments for traffic counting services with AimTD, LLC and Transportation Studies, Inc. to increase the shared agreement amount by $40,000, for an aggregate agreement amount of $140,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022066 was approved.
24. Approve an Agreement with Procure America, Inc. for Streetlight Utility Cost Savings Monitoring in an Amount not to Exceed $310,000 for up to a Fiveyear Term (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Procure America, Inc., for streetlight utility cost savings monitoring, for a fiveyear term beginning October 1, 2021 and expiring September 30, 2026, in an amount not to exceed $310,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022067 was approved.
25. Approve an Agreement with Valley Maintenance Corporation to Provide Custodial Services of City Park Restrooms and Park Buildings for an Annual Amount not to exceed $494,095 for Four Years and Total Agreement Amount of $1,976,380 (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation to provide custodial services of City park restrooms and park buildings for an annual amount not to exceed $494,095, which includes a 15% contingency, for a term from June 1, 2022 through May 31, 2026 and total agreement amount of $1,976,380, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: Council discussion ensued.
Councilmember Penaloza requested information on how staff monitors the maintenance.
This consent Item Agreement No. 2022068 was approved.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve.
YES: 5 – Lopez, Mendoza, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
26. Amend the Revive Santa Ana Spending Plan and Approve Agreements with Various NonProfit Organizations to Provide Youth Services under the Revive Santa Ana Program (Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an amendment to the Revive Santa Ana spending plan to increase the amount for Youth Violence Prevention by $404,375 for a total $904,375, decrease the amount for Early Childhood Support & Head Start & Child/Day Care by $409,979 for a total $590,021, decrease the amount for After School/Youth Sports Programs by $32,828 for a total $467,172 and approve an amount of $38,432 to administer the agreements, the total of all services and administration is $2,000,000 (Agreement No. 2022XXX).
2. Approve an agreement with ALBI (Active Learning Believe & Inspire) to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $47,869 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an agreement with America On Track to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
4. Approve an agreement with Backhausdance to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $30,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
5. Approve an agreement with Community Action Partnership of Orange County to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $65,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an agreement with Delhi Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $123,930 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
7. Approve an agreement with Discovery Science Center of Orange County to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $90,028 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
8. Approve an agreement with KidWorks Community Development Corporation to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
9. Approve an agreement with Kidworks Community Development Corporation to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
10. Approve an agreement with Latino Health Access to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
11. Approve an agreement with Nati’s House to provide youth services (After School/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $122,172 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
12. Approve an agreement with Nati’s House to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $113,183 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
13. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount nottoexceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
14. Approve an agreement with Orange County Children Therapeutic Arts Center to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,998 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
15. Approve an agreement with Orange County Bar Foundation to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
16. Approve an agreement with Padres Unidos to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $124,995 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an agreement with Padres Unidos to provide youth services (Youth Violence Prevention) under the Revive Santa Ana Program for an amount not to exceed $119,395 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
18. Approve an agreement with The Cambodian Family to provide youth services (AfterSchool/Youth Sports) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to non substantive changes approved by the City Manager and City Attorney.
19. Approve an agreement with Think Together to provide youth services (Early Childhood Support & Head Start & Child/Day Care) under the Revive Santa Ana Program for an amount not to exceed $125,000 for the period July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item – Core Agreement No. 2022069 was approved.
27. Resolution Approving the Acceptance of Grant Funds from the State of California in the Amount of $4,000,000 to the General Fund
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the acceptance of grant funds from the State of California in the amount of $4,000,000 to the General Fund for the Zoo Educational Hub and installation of a Universally Accessible Playground at Thornton Park.
MINUTES: Council discussion ensued.
Mayor Pro Tem Bacerra thanked Senator Umberg for securing funding for park.
Councilmember Penaloza expressed gratitude to Senator Umberg.
Councilmember Lopez thanked Senator Umberg and testified how the aid of this funding can be seen in her ward.
This consent Item Resolution No. 2022032 was approved.
Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
28. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
MINUTES: This consent Item Resolution No. 2022033 was approved.
29. Resolution Calling Upon Our State Legislators to Introduce and Pass a Bill that Would End Child Marriage
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution calling upon our state legislators to introduce and pass a bill that would end child marriage.
MINUTES: Mayor Sarmiento suggested a clarification to staff on item number one of the resolve clause to indicate to end child marriage for anybody under 18 so that it is consistent with the whereas clauses in the resolution.
This consent Item Resolution No. 2022034 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve Consent Calendar items 1029 with the exception of 12, 13, 14, 16, 25 and
27. Councilmember Phan recused herself from Item 19 due to a conflict of interest.
Items 1214 were considered earlier and approved.
YES: 6 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra NO: 0
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council considered consent calendar items. Prior to Consent Calendar vote, Mayor Sarmiento announced for the record that he is supportive of the consent calendar items and suggested a clarification for item 29, and left the council meeting at 8:55 p.m.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
30. Fiscal Year 202122: Third Quarter Budget Update
Department(s): Finance and Management Services
Recommended Action: Receive and file the FY 202122 – Third Quarter Budget Update
MINUTES: After the work study session was heard, council considered item 30.
Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and input provided to city staff. Received and filed third quarter budget update.
31. Consider an Ordinance Amending Section 2809 of Article VII.II of Chapter 2 of the Santa Ana Municipal Code Adopting a Policy Pursuant for the Use of Military Equipment by the Santa Ana Police Department Pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.)
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance adopting a policy for the use of military equipment by the Santa Ana Police Department pursuant to California Assembly Bill 481 (Government Code § 7070 et. seq.).
MINUTES: Police Chief David Valentin and Commander Matthew Sorenson provided a brief presentation.
Council discussion ensued and input provided to city staff.
Councilmember Lopez moved and seconded by Mayor Pro Tem Becerra requesting the last line, ”additionally the RAVs may be deployed as displays for community outreach events”, from the policy be stricken and further define emergency.
Moved by Councilmember Penaloza, seconded by Councilmember Phan to approve a substitute motion approving staff’s recommended action and include language in Section 707.6 of the policy to further define an emergency.
YES: 4 – Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Hernandez, – Lopez
ABSTAIN: 0
ABSENT: 1 – Sarmiento
Status: 4 – 2 – 0 – 1 – Pass
32. Request for Direction Related to Outdoor Dining
Department(s): Planning and Building Agency
Recommended Action: Accept informational report and direct staff to prepare an ordinance allowing and regulating outdoor dining citywide.
MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation.
Council discussion ensued, informational report accepted and direction provided to staff. Majority of council supportive of item.
After item 32 was heard, council considered public hearing item 34.
33. Appoint Two to Three Members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District Department(s): Parks, Recreation, and Community Services Recommended Action: Appoint two to three members of the City Council to the Joint School Collaboration City Council Standing Subcommittee with the Santa Ana Unified School District for terms expiring on December 15, 2022.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to appoint Councilmember Lopez, Councilmember Hernandez and Councilmember Mendoza.
YES: 6 – Hernandez, Lopez, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 1 – Mendoza
Status: 6 – 0 – 0 – 1 – Pass
MINUTES: After item 33, council heard consent calendar items. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
34. 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.
Continued from the April 19, 2022 City Council meeting.
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: Councilmember Phan recused herself from public hearing Item 34 due to a conflict of interest.
Mayor Pro Tem Penaloza opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m.
This consent Item Core Agreement Nos. 2022092 and No. 2022 093 were approved.
Recessed the Council meeting and convened to the Housing Authority meeting at 11:14 p.m.
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to Approve.
YES: 5 – Hernandez, Lopez, Mendoza, Penaloza, Bacerra
NO: 0
ABSTAIN: 1 – Phan
ABSENT: 1 – Sarmiento
Status: 5 – 0 – 1 – 1 – Pass
35. Public Hearing Ordinance Amendment No. 202201 to Update Chapters 18, 21, And 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature
Legal notice published in the Orange County Reporter on April 22, 2022.
Continued from the May 3, 2022 City Council Meeting.
Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature.
2. Resolution No. 2022XXX – Adopt a resolution modifying various nonretail commercial cannabis tax rates.
3. Resolution No. 2022XXX – Adopt a resolution establishing a map of commercial cannabis eligible areas in the City.
MINUTES: Mayor Sarmiento opened the public hearing at 8:48 p.m. and seeing no public speakers left the public hearing open.
After item 35 was heard, council considered item 33.
Moved by Mayor Pro Tem Bacerra, seconded by Mayor Sarmiento to continue to June 21, 2022.
YES: 5 – Lopez, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 2 – Hernandez, – Mendoza
Status: 5 – 0 – 0 – 2 – Pass
COUNCILMEMBER REQUESTED ITEMS
36. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Apologizing to Chinese Immigrants and their Descendants – Councilmember Phan
MINUTES: Vice Chair Bacerra adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:16 p.m.
Council discussion ensued and direction provided to staff.
Councilmember Phan asked to hold a ceremonial signing if the item is passed. Majority of council supportive of item.
37. Discuss and Consider Directing City Manager to Direct Staff to Draft an Ordinance to Require the Use of Skilled and Trained Workforce for Affordable Housing Projects that Utilizes City Funds – Mayor Pro Tem Bacerra
MINUTES: Council discussion ensued. Majority of council supports item and provided direction to City Staff to bring back as an informational item rather than an ordinance.
CITY MANAGER COMMENTS
MINUTES: The City Manager announced the following events:
Orange County Transportation Authority is hosting an OC Streetcar public meeting on Friday, May 6, 2022, at Frida Cinema from 8:30 a.m. to 9:30 a.m.
The Public Works agency is sponsoring the neighborhood block transformation contest that will recognize and award residents from winning neighborhoods that make aesthetic improvements to their park ways and properties. For more information, refer to the city website.
The Police Department is hosting an open house and a hiring expo on Saturday, May 14, 2022, from 10:00 a.m. to 1:00 p.m. at the Police Department.
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. 1 April 25, 2022 Mayor Sarmiento – Big City Mayors’ Lobby Day, Sacramento, CA MINUTES: Councilmember Lopez thanked The Wooden Floor for the community work that they do in Santa Ana. Thanked Congressman Lou Correa for acquiring funding for the Discovery Science Center.
Councilmember Penaloza thanked the Library Services Director, Brian Sternberg for the community events hosted by the library.
Councilmember Phan reminded council of the executive order put in place by Governor Gavin Newsom in regard to water restrictions and reminded everyone of smart water use.
Councilmember Phan also announced that Santa Ana will be creating its own water restrictions in the near future.
Councilmember Hernandez thanked residents that attended the meeting and staff that helped run it. Thanked Library Services Director Brian Sternberg for the events hosted. He also sent condolences to the family of the young man who lost his life the previous week.
Mayor Pro Tem Bacerra announced his monthly community office hours on Saturday, May 7, 2022, at 10 a.m. at Thornton Park. Announced the active military service banner unveiling ceremony taking place on Monday, May 23, 2022, at 2 p.m. at Bomo Koral Park.
He also acknowledged the fallen officers, Edwin Jensen, Nelson Sasser, Daniel Hale and John Aguilar who Lost their lives in the line of duty.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Pro Tem Bacerra adjourned the meeting at 11:38 p.m.
HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
MINUTES: ViceChair Bacerra called the Housing Authority meeting at 11:14 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All Authority Members were present with the exception of Chair Sarmiento.
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
MINUTES: Excused the absence of Chair Sarmiento from the Regular Housing Authority meeting held on May 3, 2022.
2. Minutes from the Housing Authority Meeting of April 5, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #11 in the City Council agenda)
3. Quarterly Report for the Housing Choice Voucher Program for the Period of January 1, 2022 to March 31, 2022
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2022 to March 31, 2022.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve items 13.
YES: 5 – Hernandez, Lopez, Penaloza, Phan, Bacerra
NO: 0
ABSTAIN: 0
ABSENT: 2 – Mendoza, – Sarmiento
Status: 5 – 0 – 0 – 2 – Pass
MINUTES: Authority Member Mendoza left the meeting prior to the Housing Authority Consent Calendar vote.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: ViceChair Bacerra adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:16 p.m. to consider Councilmember Requested items, City Manager Comments and Council Comments.
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City Council 25 5/3/2022