City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 1 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 2 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 3 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 4 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 5 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 6 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 7 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 8 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 9 8/2/2022
City Council Meeting Packet
August 2, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.
Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
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
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.
2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.
3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.
5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
6. COVID19 Update in the Community
7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.
Published in the Orange County Reporter on July 22, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).
15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.
16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.
2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between SpendingPlan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes)
3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.
18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.
2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.
3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.
4. Direct the City Attorney to prepare an Impartial Analysis.
5. Direct the Clerk of the Council to publish legal notices as required by law. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
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.
ADJOURNMENT – Adjourn the City Council meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
City Council 10 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 1 5/17/2022
City Council 9 – 1 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 2 5/17/2022
City Council 9 – 2 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 3 5/17/2022
City Council 9 – 3 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 4 5/17/2022
City Council 9 – 4 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 5 5/17/2022
City Council 9 – 5 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 6 5/17/2022
City Council 9 – 6 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 7 5/17/2022
City Council 9 – 7 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 8 5/17/2022
City Council 9 – 8 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a Partialterm Expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward 2 representative from the Arts and Culture Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember Mendoza as the Ward 2 representative to the Community Development Commission for a partialterm expiring December 13, 2022
Pursuant to SAMC Section 2326; a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2 representative from the Community Development Commission and administer Oath of Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed Session report out. Clerk of the Council, Daisy Gomez administered the Oath of Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tem Bacerra to approve items 8, 9 and 10.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 421 (Hernandez, Lopez dissented and Sarmiento absent).
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item Ordinance NS3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to substitute motion to approve recommended action.
YES: 4 – Lopez, Mendoza, Penaloza, Phan
NO: 2 – Hernandez, – Sarmiento
ABSTAIN: 0
ABSENT: 1 – Bacerra
Status: 4 – 2 – 0 – 1 – Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between January 1, 2022 to March 31, 2022, valued at up to $50,000 for nonpublic works contracts and agreements and up to $250,000 for public works contracts and agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022 Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Parks, Facilities, Trails and Open Space Master Plan.
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10 and flower lot be added as a potential park space.
Councilmember Lopez recommended adding more skate parks and community gardens.
Councilmember Mendoza recommended adding more parks closer to the center of ward 2 in the future.
This consent Item Resolution No. 2022038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to Adopt and amend to include language that references turning River View Golf Course into a public open space. .
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832 for the Local Street Preventative Maintenance Fiscal Year (FY) 202122 Project with an Estimated Project Delivery Cost of $2,778,000 (Project No. 226907) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,109,832, for construction of the Local Street Preventative Maintenance FY 2021 22, for the term beginning May 17, 2022 and ending upon project completion, and authorize the City Manager to execute the contract, subject to nonsubstantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,778,000, which includes $2,109,832 for the construction contract, $316,500 for contract administration, inspection and testing, and a $351,668 project contingency for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22 6970) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $2,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration, Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom Rental in the amount of $50,000 (Specification No. 16059) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals/portable restroom rentals by $50,000 for a new total annual amount not to exceed $ 285,400, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the Amount of $211,278 (Specification No. 22034) (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Western Truck Exchange for the purchase of two Ford Super Duty F550 Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed $231,278, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22 066) (General Fund & NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of $15,000, for a total amount not to exceed $200,175, subject to nonsubstantive changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc. for the Purchase of a Scoreboard and Sound System Replacement and Marquee Retrofit in an Amount Not to Exceed $705,761 (Project No. 222753 and 221306) (NonGeneral Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in Fiscal Year 202122 in the amount of $358,599 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 20212022 capital operating expenses. (Requires five affirmative votes)
2. Award a onetime purchase order to the Daktronics, Inc. for the purchase of a scoreboard and sound system replacement and marquee retrofit at the Santa Ana Stadium in an amount not to exceed $705,761, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech, Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five Year Term (Project No. 196496) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Tetra Tech, Inc. for engineering services for pressure control station relocation and transmission main improvements for a threeyear period beginning May 17, 2022 and expiring May 16, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, in an amount not to exceed of $830,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $270,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $270,000 in engineering funds for the SA2 Pressure Control Station Relocation Project (No. 196496).
MINUTES: This consent Item Agreement No. 2022070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blue Technologies Smart Solutions (“BlueTech”) to provide increased data storage for continued access and support services for the iManage Data Management Systems (“iManage”) for the remaining period of August 1, 2022 through July 31, 2024, increasing the annual billing amount by $4,800 for years two and three, for $30,050 annually, for the iManage System, and increasing the total nottoexceed amount of the agreement to $95,350, which includes a $10,000 contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022071 was approved.
23. Approve Oncall Building Safety Division Services for the Planning and Building Agency (General and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as provided in the attached template approved as to form by the City Attorney, to engage each of the fourteen firms listed below for a period of three years, beginning May 17, 2022 through May 16, 2025, with the option to renew for up to one additional year, to provide oncall Building Safety Services for an aggregated not to exceed amount of $4,600,000 (Agreement No. 2022XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant’s Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
MINUTES: This consent Item – Core Agreement No. 2022072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge Systems, LLC (General and NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning Management System (“LMS”) with an additional addon with OpenSesame Plus 100 for webbased training content, for a threeyear term from May 17, 2022 through June 30, 2025, with the option of two oneyear extensions, in an amount not to exceed $311,7788, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022073 was approved.
25. Approve a ThreeYear Agreement with HCI Environmental & Engineering Service for Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with HCI Environmental & Engineering Service for police firing range cleaning and ventilation system filter replacement for the period of June 1, 2022 through May 31, 2025 in an amount not to exceed $203,364, which includes a tenpercent contingency ($18,488), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Siemens, Inc. for additional system enhancement and annual maintenance costs by increasing the agreement amount by $1,200,000, including a $100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the remaining term of the agreement expiring October 31, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000, which includes $1,200,000 for the first amendment, $180,000 for contract administration, inspection and testing, and a $1,000,000 project contingency for additional sites.
MINUTES: This consent Item Agreement No. 2022075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not to exceed $316,642 (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Superior Property Services, Inc. to provide hardscape pavement cleaning and infectious waste removal services for an annual amount not to exceed $316,642, which includes a 20percent contingency, for a term from July 1, 2022 through June 30, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for Various OnCall RightofWay Specialty Services in an Amount Not to Exceed $148,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC to provide rightofway business goodwill appraisal services, property management, and furniture, fixtures, and equipment appraisal services in a shared aggregate amount not to exceed $148,000 for each specialty area, for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option 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. 2022077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for OnCall Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for oncall chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a threeyear term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Threeyear Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a threeyear term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a threeyear term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022079 and Agreement No. 2022080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project (Agreement No. 2022XXX).
MINUTES: This consent Item Resolution No. 2022035 was approved.
This consent Item Agreement No. 2022081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather Modification Pilot Program and Approve Onetime Funding in the Amount of $10,000 for the Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution in support of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve onetime funding in the amount of $10,000 to the Santa Ana Watershed Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item Resolution No. 2022036 was approved.
33. 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. 2022037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to Provide Security Guard Services at Various City Facilities by Extending the Term by an Additional Six Months and Increasing the Agreement Amount by $1,074,376 (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Universal Protection Service, LP, Dba Allied Universal Security Services, to provide security guard services at various City facilities, to extend the term of the agreement for an additional sixmonth term beginning June 1, 2022, through November 30, 2022, and increase the amount by $1,074,376, for a total agreement amount of $4,127,177, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
MINUTES: This consent Item Agreement No. 2022082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize $238,070 into the General Fund from the Sale of 14 City Camping Trailers Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution apologizing to Chinese immigrants and their descendants for acts of fundamental injustice and discrimination seeking forgiveness and committing to the rectification of past policies and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to amended to include language in section 2 to say “acknowledges and condemns acts of fundamental injustice” and to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416”.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say “acknowledges and condemns acts of fundamental injustice...” and requested to add an additional section prior to section 5 that states “we formally reject the actions taken by the Board of Trustees by Resolution No. 416” and potentially rescind it.
This consent Item Resolution No. 2022039 was approved.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve Consent Calendar items 635 with the exception of 8, 9, 10, 11, 14, and 36.
Items 810 were considered before the consent calendar and approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember Hernandez provided comment recognizing the Public Works Department. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter Ballot Measure for the November 8, 2022, General Election to: (1) restructure non cannabis business license tax rates and charges with the aim of achieving an overall net revenue neutral result designed to reflect current best practices and to recognize the impact of homebased businesses and the new “gig” economy; and (2) provide a flexible Tax Holiday period for unlicensed, past due, or underassessed businesses to obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 2223 Proposed General Fund Budget, Misc. Fees, Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a placeholder for a special meeting on May 31, 2022, and encouraged all to reach out to her for a oneonone meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5 million allocation of funds to provide financial relief for the downtown business. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.
39. Public Hearing Approve Three Loan Agreements with Westview House L.P. (c/o Community Development Partners) for a total of $3,904,341 for the Development of the Westview House Affordable Housing Project Located at 2530 & 2534 Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank; Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds (NonGeneral Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $2,003,705 in HOME Investment Partnerships Program funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $1,514,113 in Inclusionary Housing funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation Program Funds for the development of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 19813221 and 19813223), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua Bank, to subordinate the City’s three Loan Agreements to a senior loan, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, Citibank, and/or the County of Orange, for the City’s three Loan Agreements, after the Westview House affordable housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2022XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of taxexempt bond financing by the California Statewide Communities Development Authority on behalf of Westview House, LP, for the benefit of Westview House Apartments to finance the acquisition, construction, improvement, and equipping of the Project, an 85unit multifamily rental housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, California (APNs 19813221 and 198132 23).
7. Resolution No. 2022XXX – Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $45,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of the Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198132 21 and 19813223).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of recognition from the development community.
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item Agreements No. 2022083, No. 2022084, No. 2022 085, No. 2022086, No. 2022087 was approved.
This public hearing Item Resolution No. 2022040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to Approve.
YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
40. Public Hearing Adopt Resolution Adjusting the Solid Waste Rates As required by the provisions of Proposition 218, notices of a public hearing for adjusting solid waste collection rates were mailed to all property owners within the City of Santa Ana solid waste collection service area on or before April 1, 2022. The Clerk of the Council Office has received 44 protest letters, as of the publishing of this agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May 13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Hold a public hearing and adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief presentation.
Gabriela Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this item.
This public hearing item Resolution No. 2022041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve.
YES: 5 – Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 – Penaloza, – Bacerra
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City – Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21 , 2022 from 11:00 a.m. to 2:00 p.m.
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation Director, Lisa Rudloff.
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Lopez thanked Public Works staff for their hard work and advised residents to avoid outdoor areas for health reasons when fire season begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at home rapid tests for COVID19. Reminded the public on the importance of voting.
Mayor Pro Tem Bacerra offered his congratulations to Parks and Recreation Director, Lisa Rudloff and noted per disclosure AB1234 he attended the 2022 Southern California Association of Governments Regional Conference and General Assembly. Announced the Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at 2:00 p.m. at Bomo Koral Park and will hold his community office hours on June 4, 2022 at Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of condolences to communities that have faced tragedies in the previous days such as mass shootings.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m. th
st
City Council 9 5/17/2022
City Council 9 – 9 8/2/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
May 17, 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 4:02 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Penaloza joined the Special Closed Session meeting at 4:05 p.m. and Mayor Pro Tem Bacerra joined the Special Closed Session meeting at 4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00 p.m.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30 202001161215.
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
· Santa Ana Police Officers Association (POA)
· Santa Ana Police Management Association (PMA)
· Service Employees’ International Union (SEIU) FullTime Employees · Service Employees’ International Union (SEIU) Parttime Civil Service Employees · Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
· Confidential Association of Santa Ana (CASA)
· Santa Ana Management Association (SAMA)
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 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 4:03 p.m.
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5 :25 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 a 5:49 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de León
MINUTES: Words of inspiration taken out of order after item 1 followed by items 23.
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tem Bacerra to the Santa Ana Public Works Agency declaring May 1521, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for Outstanding Contributions to Children’s Literature.
STAFF PRESENTATIONS
5. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 810 considered out of order, followed by administration of the oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner, and Ana Padilla, Community Development 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: Dale Helvig spoke on children’s parade in Norway and its significance to the country and likened it to the Children’s Parade in Park Santiago during Fourth of July celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange County Transpiration Authority Street Car project and to have councilmembers attend the next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or enable members of council that do not uphold their oath of office.
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department Veronica Gomez spoke on a community event that is going to be held at Centennial Park on June 26, 2022. Extended an invitation to council members and asked for guidance regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that meets the needs of the community.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6 representative to the Environmental and Transportation Advisory Commission for a partialterm expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and Transportation Advisory Commission representing Ward 6 and administer Oath of Office.