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DRAFT Minutes of the Regular Meeting of theCity CouncilCity of Santa Ana, CaliforniaJuly 19, 2022SPECIAL CLOSED SESSION MEETING – 4:00 pmREGULAR OPEN MEETING – 5:45 pm(Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701SPECIAL CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Johnathan Ryan HernandezJessie LopezNelida MendozaDavid PenalozaThai Viet PhanMayor Pro Tem Phil BacerraMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezMINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4:04p.m.ROLL CALLMINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmemberswere present.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant toParagraph (4) of subdivision (d) of Section 54956.9 of the Government Code: A. Monsanto PBC Class Action Settlement, U.S. District Court (Central District ofCalifornia), Case No. 2:16cv03493FMOAS2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Candelario Jalomo v. City of Santa Ana, et al. Orange County Superior Court, CaseNo. 30201901118103CUWTCJC3.CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATIONpursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the GovernmentCode: One CaseA. Waste Management4.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiators: Human Resources Executive Director, Jason MotsickEmployee 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 ServiceEmployees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA)5.PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to GovernmentCode section 54957CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.MINUTES:Mayor Sarmiento recessed the portion of the meeting to consider the SpecialClosed Session items at 4:06 p.m.RECONVENE – City Council will reconvene to continue regular City business.MINUTES:Mayor Sarmiento adjourned Special Closed Session meeting at 6:50 p.m. andconvened to the Regular Open Session.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERMINUTES:Mayor Sarmiento called the Regular Open Session meeting to order at 6:51p.m.ROLL CALLMINUTES:City staff conducted roll call. All councilmembers were present.PLEDGE OF ALLEGIANCE Mayor SarmientoMINUTES:Mayor Pro Tem Bacerra led the pledge of allegiance.WORDS OF INSPIRATION Bob Barnett, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Mayor Sarmiento to Senior Volunteers at DelhiCenter for Outstanding Contributions to the Community. 2.Certificate of Recognition presented by Mayor Pro Tem Bacerra, CouncilmemberPenaloza and Councilmember Mendoza to Santa Ana Police Department recognizingtheir 136th Year of Service.3.Certificate of Recognition presented by Councilmember Hernandez to Volunteers of theEast End Block Party for Outstanding Contributions to the Community.4.Certificate of Recognition presented by Councilmember Lopez to Catalyst Cares forOutstanding Contributions to the Community. 5.Certificate of Recognition presented by Councilmember Mendoza to America on TrackVolunteers for Outstanding Contributions to the Community. 6.Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento tothe 2022 Youth Water Poster Contest Winners for Outstanding Contributions to theCommunity. STAFF PRESENTATIONS7.Homelessness UpdateMINUTES: City Manager Kristine Ridge provided a brief presentation.Council discussion ensued and direction provided to staff.8.Feasibility of a Public Health Agency UpdateMINUTES:Health Management Associates representatives, Vice President JohnFreeman and Principal Christina Altmayer, provided a brief presentation to solicitdirection and feedback from council.Mayor Pro Tem requested to engage state lobbyists as well.Councilmember Phan directed staff to work with our environmental justice planner toobtain grants to make more resources available. Council discussion ensued and direction provided to staff.CLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.MINUTES: City Attorney, Sonia Carvalho reported out on the following;Item 1 The City accepted a settlement in the amount of 2.9 million dollarsItem 3 – Council directed staff to gather evidence of Waste Management’snonperformance, in terms of leaving trash uncollected on City streets. Preceding thetransition of the Waste Management services contract, to determine the City's legalrecourse on behalf of its residents and business owners. Staff was also directed to preparea report and provide an update on the status of trash pick. Item 5 – Council dismissed the Clerk of the Council in accordance with the employmentagreement. Items 3 and 5, were voted on unanimously. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, except for public hearings. Comments forpublic hearings will take place after the hearing is opened.MINUTES:Delilah Snell spoke regarding Main Street and Downtown Businesses.John Hanna with the Southwest Regional Council of Carpenters spoke in support of item33 and item 31.Melina Ramirez spoke in support of item 38.Leonel Flores spoke in support of items 38, 39 and item 40.Ray Diaz spoke in support of items 38, 39 and item 41.Nelly Turtleheart Legaspe spoke in support of items 38 and 39 and extended an invitationto council for a BACA event and for an Indigenous People’s Day event.Nasario Basira spoke in support of item 38.Felipe Lucero with Uniques Car Club spoke in support of item 38 and 39.Saul Garcia spoke in support of item 38 and requested support to initiate a mentorprogram.Tony Longoria spoke in support of item 38.Dale Helvig spoke in regards to COVID19 cases increase, lead contamination and abouthousing. Guadalupe Barragan extended her thanks to Mayor Sarmiento and CouncilmemberHernandez for their work in the community. Selica Diaz spoke in regards to neighborhood events. Victor Mendez spoke in regard to Community Wellness and Public Safety.City Staff reported out on correspondence received.Lorraine Quinones spoke in support of item 38.Flavio Huizar with the Sacramento Lowrider Commission spoke in support of item 38.Idalia Rios spoke on item 36 and provided a charter amendment suggestion.Francine Mata, President of the Sacramento Lowrider Commission spoke in support ofitem 38.David Polanco with the United Lowrider Council of San Jose spoke in support of item 38.Roberto spoke in support of item 19.Aida Castaneda with the United Lowrider commission of National City spoke in support ofitem 38.Jovita Arellano with the United Lowrider commission of National City spoke in support ofitem 38.Carl Benninger spoke in support of Ceremonial Labeling of Streets and in support of item38.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 9 through 33.9.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.10.Appoint Manuel Escamilla Nominated by Mayor Sarmiento as the Mayoralrepresentative to the Environmental and Transportation Advisory Commission for aPartialterm Expiring December 13, 2022Department(s): Clerk of the Council OfficeRecommended Action: Appoint Manuel Escamilla to the Environmental andTransportation Advisory Commission as the CityWide representative and administerOath of Office.MINUTES: Item was heard after Council Requested items, 38 and 39.Moved by Mayor Sarmiento, seconded by Councilmember Lopez to Approve.YES: 4 – Hernandez, Lopez, Phan, SarmientoNO: 3 – Mendoza, – Penaloza, – BacerraABSTAIN: 0 ABSENT: 0 Status: 4 – 3 – 0 – 0 – Pass11.Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED “LOBBYISTREGISTRATION” TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODEFirst reading at the June 21, 2022 City Council meeting and approved by a vote of 70.Published in the Orange County Reporter on July 8, 2022.Department(s): Clerk of the Council OfficeRecommended Action: Place ordinance on second reading and adopt.MINUTES:This consent Item Ordinance No. NS3022 was approved.12.Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFSANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XII OFCHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OFFPREMISE COMMERCIAL ADVERTISING SIGNS AND DEVELOPMENT PROJECTPLAN APPROVALS TO ALLOW AND REGULATE NEW DIGITAL BILLBOARDSSUBJECT TO CERTAIN LOCATION, DESIGN, AND OPERATIONALREQUIREMENTS First reading at the June 21, 2022 City Council meeting and approved by a vote of 70.Published in the Orange County Reporter on July 8, 2022.Department(s): Planning and Building AgencyRecommended Action: Place ordinance on second reading and adopt.MINUTES:This consent Item Ordinance No. NS3023 was approved.13.Approve Destruction of Obsolete City RecordsDepartment(s): Public Works AgencyRecommended Action: Approve the request for the destruction of obsolete recordsfrom the Public Works Agency in accordance with the retention schedule outlined inCity Council Resolution 2013014.MINUTES: Mayor Sarmiento dissented on item 13. 14.Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file Single Audit Report for the Fiscal YearEnded June 30, 2021. 15.Amend the Blanket Order Contract Award for Desktop Computers, Laptops, MobileDevices & Related Equipment in an Annual Aggregate Amount Not to Exceed$1,200,000 (Specification No. 18074)Department(s): Information TechnologyRecommended Action: Amend the contracts for desktop computers, laptops,mobile devices, and related equipment to increase the annual agreement amount byan additional $600,000, for a revised annual aggregate amount not to exceed$1,200,000, for the remainder of the current oneyear period and the remainingoptional oneyear renewal, if exercised, subject to nonsubstantive changes approvedby the City Manager and City Attorney, with the following vendors:Vendor Location2nd Gear, LLC Costa Mesa, CADell Computer Corp. Austin, TX16.Award Purchase Order to Sandoval Custom Creations Incorporated for SecurityCameras and Accessories in the Amount of $137,473 (Specification No. 22038)(Cannabis Enforcement Fund)Department(s): Police DepartmentRecommended Action: Authorize a onetime purchase of security cameras andaccessories from Sandoval Custom Creations Incorporated in the amount of$137,473, subject to nonsubstantive changes approved by the City Manager and CityAttorney.17.Approve an Amendment to the Amazon Capital Services, Inc. Contract for thePurchase of Online Marketplace Goods for an Annual Amount Not to Exceed$400,000 per Year, for a TwoYear Term (Specification No. 19028) (General andNonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute an amendment toincrease the blanket order contract with Amazon Capital Services, Inc. for anadditional $300,000 per year for the period beginning July 20, 2022 and expiring June30, 2024, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 18.Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for SyntheticTurf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 197527) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize a purchase order to FieldTurf USA, in the amountof $568,598, to furnish and install a synthetic turf field at Santa Anita Park, andmaintain it for eight years beginning upon completion of the turf installation, subject tononsubstantive changes approved by the City Manager and City Attorney.19.Approve Appropriation Adjustments and Award a Construction Contract to ByromDavey Inc. in the Amount of $7,317,701 for the Santa Anita Park New SyntheticSoccer Field and Park Improvements FY 202223 Project with an Estimated ProjectDelivery Cost of $9,513,011.30 (Project Nos. 197527, 202745) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an Appropriation Adjustment recognizingrevenue received in prior years in the amount of $1,439,641 in the ResidentialDevelopment District 1 and District 4 ($869,224 and $570,417, respectively), DistrictPark Acquisition & Development Fees revenue account and appropriating the sameamount into the Residential Development District 1 and District 4, ImprovementsOther Than Building expenditure account for FY 202223 capital operating expenses.(Requires five affirmative votes)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 9 7/19/2022
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<br />City Council 11 – 9 9/6/2022
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