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DRAFT Minutes of the Regular Meeting of the
<br />City Council
<br />City of Santa Ana, California
<br />July 19, 2022
<br />SPECIAL CLOSED SESSION MEETING – 4:00 pm
<br />REGULAR OPEN MEETING – 5:45 pm
<br />(Immediately following the Closed Session Meeting)
<br />CITY COUNCIL CHAMBER
<br />22 Civic Center Plaza Santa Ana, CA 92701
<br />SPECIAL CLOSED SESSION
<br />CALL TO ORDER
<br />ATTENDANCE Council Members Johnathan Ryan Hernandez
<br />Jessie Lopez
<br />Nelida Mendoza
<br />David Penaloza
<br />Thai Viet Phan
<br />Mayor Pro Tem Phil Bacerra
<br />Mayor Vicente Sarmiento
<br />City Manager Kristine Ridge
<br />City Attorney Sonia R. Carvalho
<br />Clerk of the Council Daisy Gomez
<br />MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:04
<br />p.m.
<br />ROLL CALL
<br />MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers
<br />were present.
<br />CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
<br />matters without members of the public present. The City Council finds, based on advice from
<br />the City Attorney, that discussion in open session of the following matters will prejudice the
<br />position of the City in existing and anticipated litigation:
<br />1.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to
<br />Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
<br />A. Monsanto PBC Class Action Settlement, U.S. District Court (Central District of
<br />California), Case No. 2:16cv03493FMOAS
<br />2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to
<br />Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
<br />A. Candelario Jalomo v. City of Santa Ana, et al. Orange County Superior Court, Case
<br />No. 30201901118103CUWTCJC
<br />3.CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATION
<br />pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government
<br />Code: One Case
<br />A. Waste Management
<br />4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
<br />54957.6(a):
<br />Agency Negotiators: Human Resources Executive Director, Jason Motsick
<br />Employee Organizations:
<br /> Santa Ana Police Officers Association (POA)
<br /> Santa Ana Police Management Association (PMA)
<br /> Service Employees’ International Union (SEIU) FullTime Employees
<br /> Service Employees’ International Union (SEIU) PartTime NonCivil Service
<br />Employees
<br /> Confidential Association of Santa Ana (CASA)
<br /> Santa Ana Management Association (SAMA)
<br />5.PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to Government
<br />Code section 54957
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
<br />the Regular Open Session which will begin immediately following the Closed Session.
<br />RECESS – City Council will recess to Closed Session for the purpose of conducting regular
<br />City business.
<br />MINUTES:Mayor Sarmiento recessed the portion of the meeting to consider the Special
<br />Closed Session items at 4:06 p.m.
<br />RECONVENE – City Council will reconvene to continue regular City business.
<br />MINUTES:Mayor Sarmiento adjourned Special Closed Session meeting at 6:50 p.m. and
<br />convened to the Regular Open Session.
<br />CITY COUNCIL REGULAR OPEN SESSION
<br />CALL TO ORDER
<br />MINUTES:Mayor Sarmiento called the Regular Open Session meeting to order at 6:51
<br />p.m.
<br />ROLL CALL
<br />MINUTES:City staff conducted roll call. All councilmembers were present.
<br />PLEDGE OF ALLEGIANCE Mayor Sarmiento
<br />MINUTES:Mayor Pro Tem Bacerra led the pledge of allegiance.
<br />WORDS OF INSPIRATION Bob Barnett, Police Chaplain
<br />CEREMONIAL PRESENTATIONS
<br />1.Certificate of Recognition presented by Mayor Sarmiento to Senior Volunteers at Delhi
<br />Center for Outstanding Contributions to the Community.
<br />2.Certificate of Recognition presented by Mayor Pro Tem Bacerra, Councilmember
<br />Penaloza and Councilmember Mendoza to Santa Ana Police Department recognizing
<br />their 136th Year of Service.
<br />3.Certificate of Recognition presented by Councilmember Hernandez to Volunteers of the
<br />East End Block Party for Outstanding Contributions to the Community.
<br />4.Certificate of Recognition presented by Councilmember Lopez to Catalyst Cares for
<br />Outstanding Contributions to the Community.
<br />5.Certificate of Recognition presented by Councilmember Mendoza to America on Track
<br />Volunteers for Outstanding Contributions to the Community.
<br />6.Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to
<br />the 2022 Youth Water Poster Contest Winners for Outstanding Contributions to the
<br />Community.
<br />STAFF PRESENTATIONS
<br />7.Homelessness Update
<br />MINUTES: City Manager Kristine Ridge provided a brief presentation.
<br />Council discussion ensued and direction provided to staff.
<br />8.Feasibility of a Public Health Agency Update
<br />MINUTES:Health Management Associates representatives, Vice President John
<br />Freeman and Principal Christina Altmayer, provided a brief presentation to solicit
<br />direction and feedback from council.
<br />Mayor Pro Tem requested to engage state lobbyists as well.
<br />Councilmember Phan directed staff to work with our environmental justice planner to
<br />obtain grants to make more resources available.
<br />Council discussion ensued and direction provided to staff.
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
<br />Session.
<br />MINUTES: City Attorney, Sonia Carvalho reported out on the following;
<br />Item 1 The City accepted a settlement in the amount of 2.9 million dollars
<br />Item 3 – Council directed staff to gather evidence of Waste Management’s
<br />nonperformance, in terms of leaving trash uncollected on City streets. Preceding the
<br />transition of the Waste Management services contract, to determine the City's legal
<br />recourse on behalf of its residents and business owners. Staff was also directed to prepare
<br />a report and provide an update on the status of trash pick.
<br />Item 5 – Council dismissed the Clerk of the Council in accordance with the employment
<br />agreement.
<br />Items 3 and 5, were voted on unanimously.
<br />PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
<br />ALL comments on agenda and nonagenda items, except for public hearings. Comments for
<br />public hearings will take place after the hearing is opened.
<br />MINUTES:Delilah Snell spoke regarding Main Street and Downtown Businesses.
<br />John Hanna with the Southwest Regional Council of Carpenters spoke in support of item
<br />33 and item 31.
<br />Melina Ramirez spoke in support of item 38.
<br />Leonel Flores spoke in support of items 38, 39 and item 40.
<br />Ray Diaz spoke in support of items 38, 39 and item 41.
<br />Nelly Turtleheart Legaspe spoke in support of items 38 and 39 and extended an invitation
<br />to council for a BACA event and for an Indigenous People’s Day event.
<br />Nasario Basira spoke in support of item 38.
<br />Felipe Lucero with Uniques Car Club spoke in support of item 38 and 39.
<br />Saul Garcia spoke in support of item 38 and requested support to initiate a mentor
<br />program.
<br />Tony Longoria spoke in support of item 38.
<br />Dale Helvig spoke in regards to COVID19 cases increase, lead contamination and about
<br />housing.
<br />Guadalupe Barragan extended her thanks to Mayor Sarmiento and Councilmember
<br />Hernandez for their work in the community.
<br />Selica Diaz spoke in regards to neighborhood events.
<br />Victor Mendez spoke in regard to Community Wellness and Public Safety.
<br />City Staff reported out on correspondence received.
<br />Lorraine Quinones spoke in support of item 38.
<br />Flavio Huizar with the Sacramento Lowrider Commission spoke in support of item 38.
<br />Idalia Rios spoke on item 36 and provided a charter amendment suggestion.
<br />Francine Mata, President of the Sacramento Lowrider Commission spoke in support of
<br />item 38.
<br />David Polanco with the United Lowrider Council of San Jose spoke in support of item 38.
<br />Roberto spoke in support of item 19.
<br />Aida Castaneda with the United Lowrider commission of National City spoke in support of
<br />item 38.
<br />Jovita Arellano with the United Lowrider commission of National City spoke in support of
<br />item 38.
<br />Carl Benninger spoke in support of Ceremonial Labeling of Streets and in support of item
<br />38.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 9 through 33.
<br />9.Excused Absences
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Excuse the absent members.
<br />10.Appoint Manuel Escamilla Nominated by Mayor Sarmiento as the Mayoral
<br />representative to the Environmental and Transportation Advisory Commission for a
<br />Partialterm Expiring December 13, 2022
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Appoint Manuel Escamilla to the Environmental and
<br />Transportation Advisory Commission as the CityWide representative and administer
<br />Oath of Office.
<br />MINUTES: Item was heard after Council Requested items, 38 and 39.
<br />Moved by Mayor Sarmiento, seconded by Councilmember Lopez to Approve.
<br />YES: 4 – Hernandez, Lopez, Phan, Sarmiento
<br />NO: 3 – Mendoza, – Penaloza, – Bacerra
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 4 – 3 – 0 – 0 – Pass
<br />11.Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />SANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED “LOBBYIST
<br />REGISTRATION” TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
<br />First reading at the June 21, 2022 City Council meeting and approved by a vote of 7
<br />0.
<br />Published in the Orange County Reporter on July 8, 2022.
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Place ordinance on second reading and adopt.
<br />MINUTES:This consent Item Ordinance No. NS3022 was approved.
<br />12.Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
<br />SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XII OF
<br />CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OFF
<br />PREMISE COMMERCIAL ADVERTISING SIGNS AND DEVELOPMENT PROJECT
<br />PLAN APPROVALS TO ALLOW AND REGULATE NEW DIGITAL BILLBOARDS
<br />SUBJECT TO CERTAIN LOCATION, DESIGN, AND OPERATIONAL
<br />REQUIREMENTS
<br />First reading at the June 21, 2022 City Council meeting and approved by a vote of 7
<br />0.
<br />Published in the Orange County Reporter on July 8, 2022.
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Place ordinance on second reading and adopt.
<br />MINUTES:This consent Item Ordinance No. NS3023 was approved.
<br />13.Approve Destruction of Obsolete City Records
<br />Department(s): Public Works Agency
<br />Recommended Action: Approve the request for the destruction of obsolete records
<br />from the Public Works Agency in accordance with the retention schedule outlined in
<br />City Council Resolution 2013014.
<br />MINUTES: Mayor Sarmiento dissented on item 13.
<br />14.Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021
<br />Department(s): Finance and Management Services
<br />Recommended Action: Receive and file Single Audit Report for the Fiscal Year
<br />Ended June 30, 2021.
<br />15.Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile
<br />Devices & Related Equipment in an Annual Aggregate Amount Not to Exceed
<br />$1,200,000 (Specification No. 18074)
<br />Department(s): Information Technology
<br />Recommended Action: Amend the contracts for desktop computers, laptops,
<br />mobile devices, and related equipment to increase the annual agreement amount by
<br />an additional $600,000, for a revised annual aggregate amount not to exceed
<br />$1,200,000, for the remainder of the current oneyear period and the remaining
<br />optional oneyear renewal, if exercised, subject to nonsubstantive changes approved
<br />by the City Manager and City Attorney, with the following vendors:
<br />Vendor Location
<br />2nd Gear, LLC Costa Mesa, CA
<br />Dell Computer Corp. Austin, TX
<br />16.Award Purchase Order to Sandoval Custom Creations Incorporated for Security
<br />Cameras and Accessories in the Amount of $137,473 (Specification No. 22038)
<br />(Cannabis Enforcement Fund)
<br />Department(s): Police Department
<br />Recommended Action: Authorize a onetime purchase of security cameras and
<br />accessories from Sandoval Custom Creations Incorporated in the amount of
<br />$137,473, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney.
<br />17.Approve an Amendment to the Amazon Capital Services, Inc. Contract for the
<br />Purchase of Online Marketplace Goods for an Annual Amount Not to Exceed
<br />$400,000 per Year, for a TwoYear Term (Specification No. 19028) (General and
<br />NonGeneral Fund)
<br />Department(s): Finance and Management Services
<br />Recommended Action: Authorize the City Manager to execute an amendment to
<br />increase the blanket order contract with Amazon Capital Services, Inc. for an
<br />additional $300,000 per year for the period beginning July 20, 2022 and expiring June
<br />30, 2024, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney.
<br />18.Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic
<br />Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19
<br />7527) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a purchase order to FieldTurf USA, in the amount
<br />of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and
<br />maintain it for eight years beginning upon completion of the turf installation, subject to
<br />nonsubstantive changes approved by the City Manager and City Attorney.
<br />19.Approve Appropriation Adjustments and Award a Construction Contract to Byrom
<br />Davey Inc. in the Amount of $7,317,701 for the Santa Anita Park New Synthetic
<br />Soccer Field and Park Improvements FY 202223 Project with an Estimated Project
<br />Delivery Cost of $9,513,011.30 (Project Nos. 197527, 202745) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an Appropriation Adjustment recognizing
<br />revenue received in prior years in the amount of $1,439,641 in the Residential
<br />Development District 1 and District 4 ($869,224 and $570,417, respectively), District
<br />Park Acquisition & Development Fees revenue account and appropriating the same
<br />amount into the Residential Development District 1 and District 4, Improvements
<br />Other Than Building expenditure account for FY 202223 capital operating expenses.
<br />(Requires five affirmative votes)
<br />2. Approve an Appropriation Adjustment recognizing the grant revenue from the 2018
<br />Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA
<br />Capital Grants revenue account and appropriating the same amount into the 2018
<br />Parks Bond ActPer Capital Improvements Other Than Building expenditure account
<br />for FY 202223 capital operating expenses. (Requires five affirmative votes)
<br />3. Award a construction contract to ByromDavey Inc., the lowest responsible bidder,
<br />in accordance with the base bid in the amount of $7,317,701 for construction of the
<br />Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 202223,
<br />for the term beginning July 19, 2022 and ending upon project completion, and
<br />authorize the City Manager to execute the contract subject to nonsubstantive changes
<br />approved by the City Manager and the City Attorney.
<br />4. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$9,513,011.30, which includes $7,317,701.00 for the construction contract,
<br />$731,770.10 for contract administration, inspection and testing, and a $1,463,540.20
<br />project contingency for unanticipated or unforeseen work.
<br />5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
<br />to modify and combine all Santa Anita Park Improvement Projects.
<br />20.Approve an Amendment to the Agreement with City Net to Provide Street Outreach
<br />and Engagement Services and to Respond to Diverted Santa Ana Police Department
<br />Calls for Service for QualityofLife Services, in an Amount not to Exceed
<br />$2,483,599.59 through June 30, 2023 (NonGeneral Fund) (Revive Santa Ana
<br />Program)
<br />Department(s): Community Development Agency
<br />Recommended Action: 1. Authorize the City Manager to execute an amendment to
<br />the agreement with City Net to provide enhanced street outreach and engagement
<br />services, including diverted Santa Ana Police Department calls for service for quality
<br />oflife services, from July 20, 2022 through June 30, 2023, in an amount not to exceed
<br />$2,483,599.59, subject to nonsubstantive changes approved by the City Manager
<br />and City Attorney (Agreement No. 2022XXX).
<br />2. Authorize the City Manager to execute all funding agreements required by state or
<br />federal agencies for the use of funding, including Homeless Housing Assistance and
<br />Prevention (HHAP) Program and American Rescue Plan Act (ARPA) (Agreement No.
<br />2022XXX).
<br />MINUTES:Mayor Pro Tem Bacerra requested staff to bring back an agreement
<br />that’s incentive based. Requested to extend the contract for 6 months with the
<br />direction that staff will renegotiate the scope of services.
<br />Council discussion ensued and direction provided to staff.
<br />This consent Item Agreement Nos. 2022149 and 2022 150 were approved.
<br />Moved by Mayor Sarmiento, seconded by Councilmember Lopez to approve
<br />as is and amend the language for extensions.
<br />YES: 0 –
<br />NO: 0
<br />ABSTAIN: 7 – Hernandez, – Lopez, – Mendoza, – Penaloza, – Phan, – Bacerra, –
<br /> Sarmiento
<br />ABSENT: 0
<br />Status: 0 – 0 – 7 – 0 –
<br />Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Mendoza to
<br />approve substitute motion to amend agreement term.
<br />YES: 4 – Mendoza, Penaloza, Phan, Bacerra
<br />NO: 3 – Hernandez, – Lopez, – Sarmiento
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 4 – 3 – 0 – 0 – Pass
<br />21.Grant Agreement with Streetfootballworld to install a MiniPitch Soccer Field at Cesar
<br />Chavez Campesino Park
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Authorize the City Manager to execute a Grant Agreement
<br />with Streetfootballworld for the installation of a MiniPitch Soccer Field at Cesar
<br />Chavez Campesino Park, valued at approximately $150,000 with no installation cost
<br />to the City, for the period July 19, 2022 through July 19, 2032, subject to non
<br />substantive changes approved by the City Manager and City Attorney (Agreement No.
<br />2022XXX).
<br />MINUTES:This consent Item Agreement No. 2022138 was approved.
<br />22.Approve Renewal of Joint Powers Authority Agreement between the City of Santa
<br />Ana and Independent Cities Risk Management Authority (ICRMA) and Approve
<br />Associated Insurance Premiums, Costs, Fees and Corresponding Agreement for an
<br />amount not to exceed $10,336,300
<br />Department(s): Human Resources
<br />Recommended Action: 1. Authorize the City Manager to approve the Agreement
<br />between the City of Santa Ana (“City”) and Arthur J. Gallagher, broker of record from
<br />July 1, 2022 to June 30, 2023, for insurance brokerage services, subject to non
<br />substantive changes approved by the City Manager and City Attorney (Agreement No.
<br />2022XXX).
<br />2. Authorize the City Manager to approve payment of insurance premiums and
<br />programs to Independent Cities Risk Management Authority (“ICRMA”) for excess
<br />liability, property and workers’ compensation and protection of all other City assets
<br />from July 1, 2022 to June 30, 2023
<br />a. Excess Liability Program
<br />b. Excess Workers’ Compensation Program
<br />c. Auto Physical Damage Program
<br />d. Property and Equipment Program
<br />e. Crime Program
<br />f. Cyber Program
<br />3. Authorize the City Manager to approve payment of associated ICRMA program
<br />costs including but not limited to the 2022 City facilities appraisal and employee crisis
<br />and assistance program in an amount not to exceed $185,000.
<br />4. Authorize the City Manager to approve payment of insurance premiums to Arthur J.
<br />Gallagher, Broker, for ancillary coverages of City’s assets from July 1, 2022 to June
<br />30, 2023.
<br />a. General Liability Buffer Program
<br />b. Workers’ Compensation Buffer Program
<br />c. Earth Movement & Flood and Difference in Coverage Program
<br />d. Terrorism Insurance Program
<br />e. Underground Storage Tank and Environmental Program
<br />5. Authorize the City Manager to approve funding to cover FY 2022/23 City Special
<br />Events Insurance for events including but not limited to Fourth of July fireworks show,
<br />winter iceskating events, and other Citysponsored events as created and held, in an
<br />amount not to exceed $300,000.
<br />6. Authorize the City Manager to approve the City’s obligation to pay the State of
<br />California DIR estimated assessment in the amount not to exceed $500,000 for the
<br />period of July 1, 2022 to June 30, 2023.
<br />MINUTES: Councilmember Phan recused herself from items 22, 31 and 33 out of
<br />an abundance of caution.
<br />This consent Item Agreement No. 2022139 was approved.
<br />23.Approve Appropriation Adjustments and the Second Amendment to the Agreement
<br />with Butier Engineering, Inc. to Increase the Agreement Amount by $376,000, for a
<br />Total Amount not to Exceed $1,612,924, for Construction Engineering and Inspection
<br />Services for the South Main Corridor Improvements Project (Project Nos. 179001,
<br />206958, 216461) (General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an appropriation adjustment to recognize
<br />$291,000 from prior year fund balance in the Water Fund, Public Works Water
<br />Revenue, Prior Year Carryforward and appropriate the same amount to the
<br />Acquisition & Construction, Water Utility Capital Projects, Water Capital Project
<br />expenditure account. (Requires five affirmative votes)
<br />2. Approve an appropriation adjustment to reappropriate FY 202122 general fund
<br />monies in the amount of $1,000,000 in the Public Works Revenues, Prior Year Carry
<br />Forward revenue account, and appropriate the same amount to the PWA Service
<br />Enhancements, Improvements Other Than Building expenditure account for the South
<br />Main Corridor Improvements Project (No. 179001). (Requires five affirmative votes)
<br />3. Authorize budget reallocation of $130,144.72 in unspent HUTA 2103 Gas Tax funds
<br />to the Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No.
<br />206958) from Gas Tax Local Street Improvements Project (No. 206956).
<br />4. Authorize the City Manager to execute the second amendment to the agreement
<br />with Butier Engineering, Inc., for construction engineering and inspection services, to
<br />increase the agreement amount by $376,000, subject to nonsubstantive changes
<br />approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
<br />5. Approve an amendment to the Project Cost Analysis in the amount of $
<br />1,421,144.72 for $130,144.72 in additional contingency funds, $291,000 in additional
<br />contract administration, inspection and testing, and $1,000,000 for public art related
<br />expenses. The new estimated total construction delivery cost is $23,005,389.72,
<br />subject to nonsubstantive changes approved by the City Manager and City Attorney.
<br />6. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
<br />to include $291,000 in construction funds for South Main Street Water Improvements
<br />Project (Project No. 216461).
<br />7. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
<br />to include $130,144.72 in construction funds for Main Street Rehabilitation from
<br />Warner Avenue to Edinger Avenue (Project No. 206958).
<br />8. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
<br />to include $1,000,000 in construction funds for South Main Street Corridor
<br />Improvement (Project No. 179001).
<br />MINUTES:This consent Item Agreement No. 2022140 was approved.
<br />24.Adopt Resolution to Summarily Vacate a Portion of Santa Ana Boulevard, Authorize a
<br />Purchase and Sale Agreement and Approve an Appropriation Adjustment, in the
<br />amount of $130,000, for the Sale of Cityowned Real Property Locate at 1247 W.
<br />Santa Ana Boulevard, to Rafael and Yolanda Ramos (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution to
<br />Summarily Vacate excess Santa Ana Boulevard right of way east of Bristol Street.
<br />2. Authorize the City Manager to execute a purchase and sale agreement with Rafael
<br />and Yolanda Ramos for the sale of Cityowned property located at 1247 W. Santa Ana
<br />Boulevard (APN 00808229), in the amount of $130,000, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />3. Approve an appropriation adjustment recognizing revenue in the amount of
<br />$130,000 in the Select Street Construction Fund, Sale of Land revenue account for
<br />Fiscal Year 202223 from the sale of Cityowned property located at 1247 W. Santa
<br />Ana Boulevard (APN 00808229) and appropriating the same to the OCTA Bristol
<br />Street Corridor Improvements, Improvements Other Than Building expenditure
<br />account. (Requires five affirmative votes)
<br />MINUTES:This consent Item Agreement No. 2022141 was approved.
<br />This consent Item Resolution No. 2022058 was approved.
<br />25.Authorize a Purchase Agreement in the Amount of $785,000 for Full Real Property
<br />Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Maria
<br />Gamboa) (Project No. 186901) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute a purchase
<br />agreement with property owner Maria Arellano De Gamboa, as Successor Trustee of
<br />the Gamboa Declaration of Trust, U/A Dated April 27, 1998, for the full property
<br />acquisition and goodwill (if any) of the real property located at 2247 S. Evergreen
<br />Street (APN 01621126) in the amount of $785,000, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />MINUTES:This consent Item Agreement No. 2022142 was approved.
<br />26.Approve an Agreement with Crosstown Electrical & Data Inc., for OnCall Repair
<br />Services of Advance Traffic Management and Communication Systems in an Amount
<br />not to Exceed $500,000 for up to a FiveYear Term (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Crosstown Electrical & Data Inc. to provide oncall repair services and routine
<br />maintenance for the advance traffic management and communication system for a
<br />threeyear period beginning July 19, 2022 and expiring July 18, 2025, with a provision
<br />for two, oneyear extensions exercisable by the City Manager, in an amount not to
<br />exceed $100,000 annually, and $500,000 for the term of the agreement, including
<br />extension periods, subject to nonsubstantive changes approved by the City Manager
<br />and City Attorney (Agreement No. 2022XXX).
<br />MINUTES:This consent Item Agreement No. 2022143 was approved.
<br />27.Approve ThreeYear Agreements with Luis Raul Martinez and Felice Hernandez for
<br />Jail Counseling Services
<br />Department(s): Police Department
<br />Recommended Action: 1. Authorize the City Manager to execute a threeyear
<br />agreement with Luis Raul Martinez, for the period of July 19, 2022 through June 30,
<br />2025, to provide counseling services, in an amount not to exceed $120,000, subject
<br />to nonsubstantive changes approved by the City Manager and City Attorney
<br />(Agreement No. 2022XXX).
<br />2. Authorize the City Manager to execute a threeyear agreement with Felice
<br />Hernandez, for the period of July 19, 2022 through June 30, 2025, to provide
<br />counseling services, in an amount not to exceed $120,000, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />MINUTES:This consent Item Agreement No. 2022144 and No. 2022145 was
<br />approved.
<br />28.Police Officer Hiring Bonus Program
<br />Department(s): Police Department
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving a
<br />Police Officer Hiring Bonus program in a total amount not to exceed $100,000,
<br />offering up to $10,000 per officer.
<br />MINUTES:This consent Item Resolution No. 2022059 was approved.
<br />29.Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax
<br />Board for the Exchange of Business License Tax Data
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution
<br />authorizing a reciprocal agreement with the California Franchise Tax Board for the
<br />exchange of business license tax data.
<br />2. Authorize the City Manager to execute a nonfinancial reciprocal agreement with
<br />the California Franchise Tax Board for the exchange of business license tax data for a
<br />term beginning July 19, 2022 through December 31, 2024, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2022
<br />XXX).
<br />MINUTES:This consent Item Resolution No. 2022060 was approved.
<br />This consent Item Agreement No. 2022146 was approved.
<br />30.Adopt a Resolution of Intent to Vacate a Portion of Alley North of Second Street
<br />between Broadway and Sycamore Street, Abandonment 2101
<br />Department(s): Public Works Agency
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution which
<br />declares the City’s intent to vacate a portion of alley north of Second Street between
<br />Broadway and Sycamore Street, and which sets a public hearing for August 16, 2022.
<br />MINUTES:This consent Item Resolution No. 2022061 was approved.
<br />31.First Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse
<br />Project to be Located at 1801 East Fourth Street
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving a
<br />oneyear extension of Site Plan Review No. 202004 to November 9, 2023.
<br />MINUTES: Councilmember Phan recused herself from items 22, 31 and 33 out of
<br />an abundance of caution.
<br />This consent Item Resolution No. 2022062 was approved.
<br />32.Use of Teleconferencing for Meetings of City Council and All Boards, Committees,
<br />and Commissions Pursuant to the Provisions of Assembly Bill 361
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Resolution No. 2022XXX – Adopt a resolution to consider
<br />continuing the use of teleconferencing for City Council, board, committee, and
<br />commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30
<br />days.
<br />MINUTES:This consent Item Resolution No. 2022063 was approved.
<br />33.Renew Memorandum of Understanding with required Workforce Innovation and
<br />Opportunity Act (WIOA) Partners (Contingent upon approval of Housing Authority
<br />Item #2.)
<br />Department(s): Community Development Agency
<br />Recommended Action: 1. Authorize the City Manager to execute the Memorandum
<br />of Understanding with the Santa Ana WORK Center, Santa Ana College, Employment
<br />Development Department, Department of Rehabilitation, SER Jobs for Progress,
<br />United American Indian Involvement, Inc., Long Beach Job Corps, and Community
<br />Action Partnership of Orange County, which outlines the sharing of resources and
<br />expenses associated with the operations of a comprehensive onestop center for a
<br />oneyear term expiring June 30, 2023, subject to nonsubstantive changes approved
<br />by the City Manager and City Attorney (Agreement No. 2022XXX).
<br />2. Approve the first amendment to Memorandum of Understanding for Santa Ana
<br />Workforce Development Board and the County of Orange Social Services Agency for
<br />a oneyear term expiring June 30, 2023 and authorize the Board Chair or ViceChair
<br />to sign (Agreement No. 2022XXX).
<br />3. Authorize the City Manager to execute nonsubstantive amendments, such as
<br />adjustment of shared operational expenses, during the term of the Memorandum of
<br />Understanding.
<br />MINUTES: Councilmember Phan recused herself from items 22, 31 and 33 out of
<br />an abundance of caution.
<br />This consent Item Agreement Nos. 2022147 and No. 2022 148 were
<br />approved.
<br />Moved by Councilmember Mendoza, seconded by Councilmember Penaloza to
<br />approve Consent Calendar items 933 with the exception of items 10 and 20.
<br />Councilmember Phan recused herself from items 22, 31 and 33 out of an abundance
<br />of caution. Council requested items 38 and 39 were heard before the pulled consent
<br />items.
<br />YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />34.Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the
<br />Ceremonial Naming of Streets
<br />Department(s): Public Works Agency
<br />Recommended Action: Approve first reading of an ordinance amending Chapter 33
<br />of the Municipal Code by adding Article XI relating to the ceremonial naming of
<br />streets.
<br />Moved by Councilmember Hernandez, seconded by
<br />Councilmember Mendoza to approve as introduced.
<br />YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />35.Ordinance Amending Section 1096 of Article I of Chapter 10 (Crimes and
<br />Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code
<br />(SAMC) Requiring the Posting of Property Maintenance Contact Information on
<br />Commercial and Industrial Properties
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Approve the first reading and adopt amendments to
<br />Section 1096 of Article I of Chapter 10 of the Santa Ana Municipal Code (SAMC)
<br />requiring commercial and industrial properties (Commercial Centers) to post property
<br />management contact information at various locations on each property.
<br />Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra
<br />to approve.
<br />YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />36.Discuss and Provide Direction Regarding One or More Proposed Voter Ballot
<br />Measures to Amend the City Charter as Recommended by the Charter Review Ad
<br />Hoc Committee
<br />Department(s): City Manager Office
<br />Recommended Action: Discuss and provide direction regarding one or more
<br />proposed voter ballot measures for the November 8, 2022 General Municipal Election
<br />to amend the City Charter, as recommended by the Charter Review Ad Hoc
<br />Committee, as follows: to clarify when the term of mayor or councilmember is to begin;
<br />consolidate term limit provisions into one section; expand the applicability of the code
<br />of Ethics and Conduct and prescribe a procedure to report allegations of violation;
<br />clarify when the City Council may be the judge of elections; clarify the process for the
<br />adoption of resolutions and ordinances; streamline the process for claims and
<br />payments; update Civil Service provisions to be consistent with state and applicable
<br />laws; update antidiscrimination provisions to be consistent with federal and
<br />applicable laws; require the City to adopt a nepotism policy; change the name of a
<br />City department; eliminate work stoppage provisions to be consistent with state and
<br />applicable laws; allow enforcement of campaign contribution and campaign
<br />committee provisions by a state or county entity; replace genderspecific pronouns
<br />with genderinclusive pronouns; change the title of a City official; adjust the Mayor’s
<br />term from four twoyear terms to two fouryear terms; impose a lifetime ban relating to
<br />the term of Mayor and member of the City Council by removing the eightyear cooling
<br />off provision; increase the salary of the Mayor and members of the City Council; and
<br />change the voting approval requirements to require a twothirds vote of the City
<br />Council to adopt the City budget.
<br />MINUTES: City Manager staff provided a brief presentation.
<br />Councilmember Penaloza proposed imposing a lifetime ban after an elected official
<br />is termed out and change salary to CPI.
<br />Councilmember Phan proposed to change the Mayoral term to two 4 year terms.
<br />Provided direction on salary and term limits.
<br />Councilmember Hernandez requested to include language that allows voters to
<br />decide if noncitizen residents should be eligible to vote on municipal elections.
<br />Mayor Pro Tem Bacerra proposed a 6 year term limit for the Mayoral officials.
<br />Provided direction on making clear the signing of resolutions.
<br />Mayor Sarmiento supports adding language that allows noncitizens to vote.
<br />Council discussion ensued and direction provided to staff.
<br />**END OF BUSINESS CALENDAR**
<br />PUBLIC HEARINGS
<br />PUBLIC COMMENTS – Members of the public may address the City Council on Public
<br />Hearing items.
<br />37.Public Hearing – General Plan Amendment No. 202101 to Update the General Plan
<br />Housing Element for the 6th Cycle (20212029) Planning Period. The Proposed
<br />Amendment Includes Analysis of Barriers to Fair Housing and Proposed Programs
<br />and services to Comply with State Mandates
<br />Legal Notice published in the Orange County Reporter on July 8, 2022.
<br />Department(s): Planning and Building Agency
<br />Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution
<br />approving an addendum to the Program Environmental Impact Report for the General
<br />Plan Update (State Clearinghouse No. 2020029087); and
<br />2. Resolution No. 2022XXX – Adopt a resolution approving General Plan
<br />Amendment (GPA) No. 202101 for the 6th Cycle Housing Element Update subject to
<br />conforming edits by the Executive Director of the Planning and Building Agency and
<br />the City Attorney to comply with State housing law and mandates.
<br />MINUTES:Executive Director of Planning and Building Minh Thai provided a brief
<br />presentation.
<br />No public comments.
<br />City staff reported correspondence received.
<br />Councilmember Phan requested staff to collaborate with Caltrans in order to
<br />facilitate developments and funding, bring the parking permit program to council
<br />sooner and develop a pilot program to expand parking for residential
<br />neighborhoods and to use school district properties. Requested to amend
<br />resolution to provide an addendum to EIR and adopt resolution approving
<br />GPA 202101 for the Housing Element update.
<br />Mayor Sarmiento requested the comments made by Commissioner Nathaniel
<br />Greensides be recorded.
<br />This public hearing Item Resolution No. 2022064 was approved.
<br />Moved by Councilmember Phan, seconded by Mayor Sarmiento to adopt as
<br />amended.
<br />YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza,
<br />Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra,
<br />Mayor Pro Tem, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />COUNCILMEMBER REQUESTED ITEMS
<br />38.Discuss and Consider Directing the City Manager to Direct Staff to Prepare an
<br />Ordinance Repealing the AntiCruising Ordinance and Establishing a Cruising Policy
<br />for Consideration by the City Council – Councilmembers Mendoza and Hernandez
<br />MINUTES: Item 38 and 39 were heard out of order; Items were discussed before the
<br />pulled consent calendar items.
<br />Councilmember Penaloza requested staff to look into providing a space for cruising
<br />and allowable times.
<br />Mayor Pro Tem requested staff to look into a safe way to implement this.
<br />Councilmember Phan requested the Public Safety subcommittee to look into
<br />cruising and a detailed definition of cruising.
<br />Councilmember Hernandez requested this item to be brought back in August.
<br />Directed staff to work with the Santa Ana Police Department in regard to traffic
<br />control and costs.
<br />Council discussion ensued and direction provided to staff.
<br />39.Discuss and Consider Directing the City Manager to Direct Staff to Research Hate
<br />Crime Laws and Determine if the City of Santa Ana May Implement a Law that Might
<br />Classify Attacks on Street Vendors as a Hate Crime – Councilmember Hernandez
<br />MINUTES: Item 38 and 39 were heard out of order; Items were discussed before the
<br />pulled consent calendar items.
<br />Councilmember Hernandez requested to classify attacks on street vendors as hate
<br />crimes.
<br />Councilmember Phan requested staff to research the legality of classifying attacks
<br />on street vendors as hate crimes.
<br />Council discussion ensued and direction provided to staff.
<br />40.Discuss and Consider Directing the City Manager to Direct Staff to Look into the
<br />Feasibility of Purchasing the Santa Ana Armory Located at 612 E. Warner Ave from
<br />the State of California for Possible Expansion of Delhi Park and/or Expansion of
<br />City's Library Network – Councilmember Penaloza, Mayor Pro Tem Bacerra and
<br />Councilmember Mendoza
<br />MINUTES: Councilmember Penaloza requested support from colleagues in
<br />directing City Manager to purchase armory.
<br />Direction was provided to staff.
<br />41.Discuss and Consider Directing the City Manager to Direct Staff to Prepare a
<br />Campaign Finance Reform Ordinance and Bring Back During the Next Council
<br />Meeting – Councilmember Lopez and Mayor Sarmiento
<br />MINUTES: Councilmember Lopez requested support from colleagues in moving
<br />forward with this proposed ordinance.
<br />Councilmember Phan requested this to be brought later in August.
<br />Councilmember Hernandez provided an example of special interests and directed
<br />staff to focus on similar issues.
<br />Direction was provided to staff.
<br />CITY MANAGER COMMENTS
<br />MINUTES:City Manager Kristine Ridge thanked city staff for supporting the council
<br />meeting. Reported out from waste vendor that all pickups in the city had been completed
<br />and extra staff was hired by vendor to accommodate.
<br />COUNCIL COMMENTS
<br />AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
<br />members of the Council to provide a brief oral report on attendance of any regional board or
<br />commission meeting or any conference, meeting or event attended.
<br />1 June 2226, 2022 Councilmember Lopez – National Association of Latino Elected and
<br />Appointed Officials (NALEO) 29 Annual Conference, Chicago, IL
<br />MINUTES:Mayor Pro Tem Bacerra thanked everyone who came out to Thornton Park on
<br />July 9 to welcome the new park host, Katie Rivera. Announced that The Pacific
<br />Symphony will be performing at Thornton Park Friday, July 22 at 6 p.m. and on
<br />Wednesday July 20 the City will be showing the movie Luca at Lillie King Park.
<br />Councilmember Hernandez shared the story of Lorenzo Perez and Jose Rangel who
<br />passed away while working as street vendors.
<br />Councilmember Lopez thanked Santa Ana Zoo Keeper, Fisher Park and Riverview as well
<br />as OCFA for allowing her involvement. Requested meeting to be concluded in honor of
<br />Matthew Rule who passed away in a recent shooting in Santa Ana. Congratulated Zedna
<br />Kakula from the Public Works department who was awarded the 2021 Hero Award.
<br />Councilmember Mendoza also requested to end the meeting in honor of those who had
<br />passed away and thanked detectives for their hard work. Reminded the public of the
<br />Wilshire Square Summer Concert on July 30 at 7 p.m.
<br />Councilmember Penaloza reminded the public of the Wilshire Square Summer Concert
<br />on July 30 from 7 p.m. to 8 p.m. at the corner of Ross Street and Russell Avenue.
<br />Councilmember Phan announced that the City of Duarte lost one of their Councilmembers
<br />who had served for many years and recognized her hard work.
<br />Mayor Sarmiento wished everyone a good night/morning. Requested City Manager to
<br />bring back Police Oversight item for a study session.
<br />ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing
<br />Authority meeting.
<br />Future Items
<br />1. Mental Health Mobile Outreach Services
<br />2. Community Workforce Agreement
<br />MINUTES:Recess the council meeting and convene to the Special Housing Authority
<br />meeting at 12:40 a.m.
<br />Mayor Sarmiento adjourned the City Council meeting at 12:55 a.m. in memory of those
<br />killed recently. Thanked the Police Department for effective policing.
<br />SPECIAL HOUSING AUTHORITY
<br />CALL TO ORDER
<br />ATTENDANCE Authority Members Johnathan Ryan Hernandez
<br />Jessie Lopez
<br />Nelida Mendoza
<br />David Penaloza
<br />Thai Viet Phan
<br />Vice Chair Phil Bacerra
<br />Chair Vicente Sarmiento
<br />City Manager Kristine Ridge
<br />City Attorney Sonia R. Carvalho
<br />Clerk of the Council Daisy Gomez
<br />ROLL CALL
<br />MINUTES: City staff conducted roll call. All councilmembers were present.
<br />PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
<br />the Special Housing Authority agenda.
<br />MINUTES: There were no public comments.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 1 and 2.
<br />1.Excused Absences
<br />Department(s): Clerk of the Council Office
<br />Recommended Action: Excuse the absent members.
<br />2.Renew Memorandum of Understanding with required Workforce Innovation and
<br />Opportunity Act (WIOA) Partners (Contingent upon approval of City Council Item
<br />#33.)
<br />Department(s): Community Development Agency
<br />Recommended Action: 1. Authorize the Executive Director and Recording Secretary
<br />to execute a Memorandum of Understanding with the Santa Ana Workforce
<br />Development Board which outlines the sharing of resources and expenses associated
<br />with the operations of a comprehensive one stop center for a oneyear term expiring
<br />June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054
<br />subject to nonsubstantive changes approved by the Executive Director and Authority
<br />General Council.
<br />2. Authorize the Executive Director and Recording Secretary to execute non
<br />substantive amendments such as adjustment of shared operational expenses during
<br />the term of the Memorandum of Understanding.
<br />Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to
<br />approve.
<br />YES: 7 – Hernandez, Councilmember, – Lopez, Councilmember, – Mendoza,
<br />Councilmember, – Penaloza, Councilmember, – Phan, Councilmember, – Bacerra, Mayor
<br />Pro Tem, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />**END OF CONSENT CALENDAR**
<br />HOUSING AUTHORITY MEMBER COMMENTS
<br />ADJOURNMENT – Adjourn the Special Housing Authority meeting.
<br />MINUTES:Mayor Sarmiento adjourned the Housing Authority meeting and reconvened to
<br />the City Council meeting at 12:45 a.m.
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<br />City Council 1 7/19/2022
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<br />City Council 11 – 1 9/6/2022
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