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DRAFT Minutes of the Regular Meeting of the
<br />City Council
<br />City of Santa Ana, California
<br />March 16, 2021
<br />CLOSED SESSION MEETING – 5:00 pm
<br />REGULAR OPEN MEETING – 5:00 PM
<br />(Immediately following the Closed Session Meeting)
<br />CITY COUNCIL CHAMBER
<br />22 Civic Center Plaza Santa Ana, CA 92701
<br />Due to Governor Gavin Newsom’s Executive Order and the City Council's Proclamation of
<br />Local Emergency, there was no inperson meeting location for the community to attend
<br />public meetings.
<br />CLOSED SESSION
<br />CALL TO ORDER
<br />ATTENDANCE Council Members Phil Bacerra
<br />Johnathan Ryan Hernandez
<br />Jessie Lopez
<br />Nelida Mendoza
<br />Thai Viet Phan
<br />Mayor Pro Tem David Penaloza
<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 Closed Session meeting to order at 5:09 p.m.
<br />Clerk of the Council conducted roll call. All councilmembers were present with the
<br />exception of Councilmember Mendoza.
<br />PUBLIC COMMENTS – Members of the public may address the City Council on items on
<br />the Closed Session Agenda may do so by:
<br />Comments will be held during the beginning of the meeting for ALL comments on agenda
<br />and nonagenda items within the jurisdiction of the City, with the exception of public hearing
<br />items. Comments for public hearings will take place after the hearing is opened. This is being
<br />done to respect the time constraints of residents who cannot stay tuned late into the evening
<br />to comment on items that they feel strongly about.
<br />Individuals who would like to comment on an agenda item or make a general comment
<br />regarding a topic not in the meeting agenda may do so ahead of the meeting by:
<br />Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as
<br />noticed for Special meetings, to eComment@santaana.org. Comments received after the
<br />cutoff time will be published soon after the meeting as part of the record as early as
<br />possible.
<br />OR DURING THE MEETING BY:
<br />Zoom Webinar: Please click on or type the following address into your web
<br />browser https://us02web.zoom.us/j/315965149
<br />OR
<br />Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149# when
<br />prompted.
<br />The public can begin joining the speaker queue at 4:30 p.m. In accordance with Council
<br />procedures, calls will not be accepted after the public comment session has begun. To be
<br />sure that you are in the speaker queue, you must join the meeting by 6:00 p.m. To request to
<br />speak, dial *9 from your phone or virtually raise your hand from Zoom. After the Clerk
<br />confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them,
<br />the caller must press *6 or microphone icon to speak. Callers are encouraged, but not
<br />required, to identify themselves by name. Each caller will be provided three (3) minutes to
<br />speak.
<br />To watch the meeting without participating via these remote options:
<br />YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary
<br />Channel CTV3, available on Spectrum channel 3 and AT&T Uverse channel 99
<br />About the Agenda
<br />To download or view the attachments (staff report and other supporting documentation) for
<br />each agenda item, you must select the agenda item to see the attachments to either open in
<br />a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
<br />MINUTES:None.
<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 POTENTIAL LITIGATION Significant
<br />exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
<br />54956.9 of the Government Code: Two Cases
<br />A. El Centro Cultural de Mexico
<br />B. 312316 4 Street
<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 to the Closed Session at 5:11 p.m.
<br />RECONVENE – City Council will reconvene to continue regular City business.
<br />MINUTES:Mayor Sarmiento adjourned Closed Session meeting at 6:00 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 6:05
<br />p.m.
<br />ROLL CALL
<br />MINUTES:Clerk of the Council conducted roll call. All councilmembers were present.
<br />Councilmember Mendoza joined the Open Regular Session meeting at 6:12 p.m.
<br />PLEDGE OF ALLEGIANCE Mayor Sarmiento
<br />INVOCATION Fr. Abel Lopez
<br />CEREMONIAL PRESENTATIONS
<br />1.Proclamation presented by Councilmembers Lopez, Mendoza and Phan to Wiseplace
<br />recognizing March as Women’s History Month.
<br />2.Certificate of Recognition presented by Mayor Pro Tem Penaloza to Paula Faccou for
<br />Outstanding Contributions to the Community.
<br />STAFF PRESENTATIONS
<br />3.COVID19 Update in the Community.
<br />MINUTES:Daisy Perez Assistant to the City Manager provided a brief presentation
<br />regarding COVID19 vaccinations for Santa Ana Residents.
<br />4.Neighborhood Beautification Contest Presentation
<br />MINUTES:Executive Director of Public Works Agency Nabil Saba provided a brief
<br />presentation.
<br />5.Costa Mesa Freeway (SR55) Improvement Project: I405 to I5 Aesthetic Features
<br />MINUTES:Executive Director of Public Works Agency Nabil Saba provided a brief
<br />presentation.
<br />MINUTES:Presentations taken out of order, the COVID19 update was heard last.
<br />CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
<br />Session.
<br />MINUTES:City Attorney Sonia Carvalho stated there was no reportable action.
<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:Clerk of the Council Daisy Gomez reported out on correspondence received.
<br />Donna spoke regarding Item 34 requests the Chepa’s Park handball courts be rebuilt.
<br />Victor Mendez spoke regarding COVID19 vaccination appointments and provided various
<br />comments regarding 30 and 33.
<br />Issac Manzo spoke regarding Item 34, requested transparency from the neighborhood
<br />association regarding the circulation of a petition against the rebuilding of the handball
<br />courts.
<br />Joe Andrade spoke in opposition to Item 34 and noted a petition with 35 signatures was
<br />submitted for the record.
<br />Robert Herrera spoke in support of Item 28, and hopes the fund amount will increase in the
<br />near future.
<br />Tony O. spoke in support of Item 34.
<br />Leonardo Penilla spoke in support of Item 34, stated that on various occasions there has
<br />been overwhelming support from the community to keep the handball courts in question.
<br />Dolores Almaraz spoke in support of Item 34, stated that green space is important to the
<br />community and provided various other comments.
<br />Francisco Manzo spoke in support of Item 34, stated that members of the community of all
<br />ages utilized and benefited from the handball court.
<br />Belen Vazquez spoke in support of Item 34, indicated that the petition against the
<br />rebuilding of the handball courts was never provided to her.
<br />Marla spoke in support of Item 34, indicated that the homeless issue is citywide not just as
<br />a result of the handball courts.
<br />Eloy Reyes spoke in support of Item 34.
<br />CONSENT CALENDAR
<br />RECOMMENDED ACTION: Approve staff recommendations on the following
<br />Consent Calendar Items: 6 through 30.
<br />6.Minutes from the regular meeting of January 19, 2021
<br />Department(s): Clerk of the Council
<br />Recommended Action: Approve minutes.
<br />7.Excused absences
<br />Department(s): Clerk of the Council
<br />Recommended Action: Excuse the absent members.
<br />8.Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2,
<br />ARTICLE IV DIVISIONS 29 TO REQUIRE BOARD AND COMMISSION MEMBERS
<br />TO BE RESIDENTS OF THE CITY INSTEAD OF QUALIFIED ELECTORS
<br />Placed on first reading at the March 2, 2021 City Council meeting and approved by a
<br />vote of 70.
<br />Published in the Orange County Reporter on March 5, 2021.
<br />Department(s):City Managers Office, City Attorneys Office
<br />Recommended Action: Place ordinance on second reading and adopt.
<br />MINUTES:This Consent Calendar Ordinance No. NS3003 was approved
<br />9.Appoint various boards and commissions members nominated by Councilmember
<br />Phan as the Ward 1 representatives for a full term expiring December 10, 2024
<br />Department(s):Clerk of the Council
<br />Recommended Action: Appoint.
<br />1. Indigo Vu – Arts and Culture Commission Pursuant to Senate Bill 225
<br />2. Gary Wood – Environment and Transportation Advisory Commission (ETAC)
<br />3. Keith Carpenter – Historic Resources Commission
<br />4. Gabrielle Marcia Gutierrez – Parks, Recreation and Community Services
<br />Commission
<br />10.Appoint Jennifer Oliva nominated by Mayor Pro Tem Penaloza as the Ward 2
<br />representative to the Community Development Commission for a partialterm expiring
<br />December 13, 2022
<br />Department(s): Clerk of the Council
<br />Recommended Action: Appoint Jennifer Oliva to the Community Development
<br />Commission representing Ward 2.
<br />11.Appoint Alan Woo nominated by Councilmember Hernandez as the Ward 5
<br />Representative to the Planning Commission for a full term expiring December 10,
<br />2024
<br />Department(s): Clerk of the Council
<br />Recommended Action: Appoint Alan Woo to Planning Commission representing
<br />Ward 5.
<br />12.Appoint Alfredo Torreblanca nominated by Councilmember Mendoza as the Ward 6
<br />representative to the Parks, Recreation and Community Services Commission for a
<br />partialterm expiring December 13, 2022
<br />Department(s):Clerk of the Council
<br />Recommended Action: Appoint Alfredo Torreblanca to the Parks, Recreation and
<br />Community Services Commission representing Ward 6 pursuant to Senate Bill 225.
<br />13.Appoint various boards and commissions members nominated by Mayor
<br />Sarmiento as the Mayoral representatives for a full term expiring December 13, 2022
<br />Department(s):Clerk of the Council
<br />Recommended Action: Appoint.
<br />1. Tanya Navarro – Environment and Transportation Advisory Commission (ETAC)
<br />2. Ginelle Hardy – Historic Resources Commission
<br />14.Appoint Pierre Loubet and Daisy Campos for a partial term expiring May 31, 2022,
<br />Johanna Rivera for a partial term expiring May 31, 2023, and Doug Beaver and
<br />Bridget Kavanaugh for a partial term expiring May 31, 2024 to the Workforce
<br />Development Board representing Private Sector Business.
<br />Department(s): Community Development Agency
<br />Recommended Action: Appoint Pierre Loubet and Daisy Campos for a partial term
<br />expiring May 31, 2022, Johanna Rivera for a partial term expiring May 31, 2023, and
<br />Doug Beaver and Bridget Kavanaugh for a partial term expiring May 31, 2024 to the
<br />Workforce Development Board representing private sector business.
<br />Moved by Councilmember Lopez, seconded by Councilmember Bacerra to
<br />Approved as amended, exclude the appointment of Doug Beaver.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />15.Approve Destruction of Obsolete City Records
<br />Department(s): Clerk of the Council Office, Police Department, Public Works
<br />Agency
<br />Recommended Action: Approve the requests for the destruction of obsolete
<br />records from the Police Department and Public Works Agency in accordance with the
<br />retention schedule outlined in City Council Resolution 2013014.
<br />Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Lopez to
<br />Approve.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />16.Cannabis Public Benefit Fund for Youth Services Informational Update
<br />Department(s): Parks, Recreation, and Community Services
<br />Recommended Action: Receive and file Cannabis Public Benefit Fund for Youth
<br />Services informational update.
<br />MINUTES:Councilmember Lopez requested:
<br />A list be maintained for all projects that have been funded with cannabis funds
<br />Continuous updates regarding handball court outreach.
<br />Staff research the feasibility of increasing the number of policy interns
<br />Finance and Managements Services Director Kathryn Downs provided comments.
<br />Councilmember Hernandez requested staff look into increasing the Cannabis funding for
<br />youth services.
<br />Mayor Pro Tem Penaloza requested additional Book Mobiles if funds are available.
<br />Mayor Sarmiento noted the value of having a safe place for students to be able to study and
<br />the importance of partnering together with Santa Ana Unified School District in a joint use
<br />agreement to find creative options.
<br />Moved by , seconded by to Receive and file.
<br />YES: 0
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 0 – 0 – 0 – 0 –
<br />17.Approve Appropriation Adjustments, Approve Amendments to the FY 202021
<br />Capital Improvement Program, and Award a Construction Contract to Lonerock, Inc.
<br />in the Amount of $9,486,525 for the Warner Avenue Street Improvements Project With
<br />an Estimated Total Delivery Cost of $12,255,867 (Project Nos. 146802, 186424, 20
<br />6618) (General Fund and NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Approve an appropriation adjustment (2021136)
<br />recognizing $1,992,867 of prior year fund balance in the Transportation System
<br />Improvement Authority Area B Fund, Prior Year Carry Forward revenue account and
<br />appropriate the same amount to the Transportation System Improvement Authority
<br />Area B Fund, Improvements Other Than Building expenditure account. (Requires five
<br />affirmative votes.)
<br />2. Approve an appropriation adjustment (2021140) recognizing $1,225,000 of prior
<br />year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carry
<br />Forward revenue account and appropriate the same amount to the Acquisition &
<br />Construction, Water Utility Capital Projects, Water Capital Project expenditure
<br />account. (Requires five affirmative votes.)
<br />3. Approve an appropriation adjustment (2021133) recognizing $141,320 of prior
<br />year fund balance in the Local Drainage Area IV Fund, Prior Year Carry Forward
<br />revenue account and appropriate the same amount to the Public WorksStorm Drain
<br />Construction, Improvements Other Than Building expenditure account. (Requires five
<br />affirmative votes.)
<br />4. Approve an appropriation adjustment (2021135) recognizing $109,798 of prior
<br />year fund balance in the New Transportation System Improvement Area E Fund, Prior
<br />Year Carry Forward revenue account and appropriate the same amount to the New
<br />Transportation System Improvement Area E, Improvements Other Than Building
<br />expenditure account. (Requires five affirmative votes.)
<br />5. Approve an appropriation adjustment (2021137) recognizing the Fiscal Year 2018
<br />19 appropriation of $4,629,750 in Measure M2 Competitive grant funding in the
<br />Measure M Street Construction, Measure M2 Competitive revenue account and
<br />reappropriating the same amount to the Measure M Street Construction,
<br />Improvements Other Than Building expenditure account. (Requires five affirmative
<br />votes.)
<br />6. Authorize reallocation of $255,000 in unspent Measure M2 Local Fairshare funds
<br />from the Local Street Preventative Maintenance FY 201819 (196942) Project to the
<br />Warner Avenue Improvements Project, to complete the project’s funding requirement.
<br />7. Approve an amendment to the Fiscal Year 202021 Capital Improvement Program
<br />to include $1,992,867 in construction funds for the Warner Avenue Improvements
<br />Project (Project No. 146802).
<br />8. Approve an amendment to the Fiscal Year 202021 Capital Improvement Program
<br />to include $1,225,000 in construction funds for Warner Avenue Water Improvements
<br />Project (Project No. 186424).
<br />9. Approve an amendment to the Fiscal Year 202021 Capital Improvement Program
<br />to include $109,798 in construction funds for the Warner Avenue Storm Drain
<br />Improvements Project (Project No. 206618).
<br />10. Award a construction contract to Lonerock, Inc., the lowest responsible bidder, in
<br />accordance with the base bid in the amount of $9,486,525, for construction of the
<br />Warner Avenue Improvements Project, for the term beginning March 16, 2021 and
<br />ending upon project completion, and authorize the City Manager to execute the
<br />contract subject to nonsubstantive changes approved by the City Manager and the
<br />City Attorney.
<br />11. Approve the Project Cost Analysis for a total estimated construction delivery cost
<br />of $12,255,867, which includes $9,486,525 for the construction contract, $1,614,197
<br />for contract administration, inspection and testing; and a $1,155,145 project
<br />contingency for unanticipated or unforeseen work.
<br />18.Approve Appropriation Adjustment Recognizing $500,000 in Grant Funding from the
<br />County of Orange for the Santa Ana Outdoor Safe Dining Program (NonGeneral
<br />Fund)
<br />Department(s): Community Development Agency
<br />Recommended Action: 1. Approve an appropriation adjustment (2021141)
<br />recognizing grant funding from the County of Orange for the Santa Ana Outdoor Safe
<br />Dining Program in the amount of $500,000 in revenue account (No. 12418002
<br />52030) and appropriating the same amount to expenditure account (No. 12418810
<br />62300). (Requires five affirmative votes.)
<br />2. Authorize the City Manager to execute agreements and approve any other required
<br />actions necessary with the County of Orange, vendors, and contractors, who will
<br />implement the Santa Ana Outdoor Safe Dining Program, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2021
<br />XXX).
<br />Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Penaloza
<br />to Approve.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:Community Development Director and Assistant City Manager Steven Mendoza
<br />provided comments.
<br />Council provided input to city staff regarding uniformity of parklets.
<br />This consent Item Agreement No. 2021031 was approved.
<br />19.Award Blanket Purchase Order Contracts for Painting Contractor Services to US
<br />National Corp., Mear Construction Inc., Prime Painting Contractors Inc., GDL Painters
<br />Inc., and 1 Solorio Inc., in an Annual Aggregate Amount Not to Exceed $200,000 for
<br />up to a FiveYear Term (Specification No. 20153) (General Fund and NonGeneral
<br />Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Award blanket purchase order contracts for citywide
<br />painting contractor services to US National Corp, Mear Construction Corp., Prime
<br />Painting Contractors, Inc., GDL Painters, Inc., and 1 Solorio, Inc., for a twoyear period
<br />beginning March 16, 2021, and expiring March 15, 2023, with provisions for three
<br />oneyear renewal options exercisable by the City Manager, in an annual aggregate
<br />amount of $200,000, subject to nonsubstantive changes approved by the City
<br />Manager and City Attorney.
<br />20.Award a Purchase Order to PB Loader Corporation in an Amount not to Exceed
<br />$645,844 for Two Compressed Natural Gas Palfinger Grapple Trucks (Specification
<br />No. 21023) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment of purchase
<br />order to PB Loader Corporation for the purchase of two compressed natural gas
<br />Palfinger grapple trucks in the amount of $620,844, plus a contingency of $25,000, for
<br />a total amount not to exceed $645,844, subject to nonsubstantive changes approved
<br />by the City Manager and City Attorney.
<br />21.Award a Purchase Order to Quinn Company in an Amount not to Exceed $214,991 for
<br />One Caterpillar 926M Wheel Loader (Specification No. 21022) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize a onetime purchase and payment of purchase
<br />order to Quinn Company for the purchase of one Caterpillar 926M Wheel Loader, in
<br />the amount of $204,991, plus a contingency of $10,000, for a total amount not to
<br />exceed $214,991, subject to nonsubstantive changes approved by the City Manager
<br />and City Attorney.
<br />22.Award Construction Contract to All American Asphalt in the Amount of $305,598 for
<br />the Flower Street Rehabilitation from McFadden Avenue to 1st Street Project with an
<br />Estimated Project Delivery Cost of $648,000 (Project No. 216976) (NonGeneral
<br />Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: 1. Award a construction contract to All American Asphalt,
<br />the lowest responsible bidder, in accordance with the base bid in the amount of
<br />$305,598, for construction of Flower Street Rehabilitation from McFadden Avenue to
<br />1 Street Project, for the term beginning March 16, 2021 and ending upon project
<br />completion, and authorize the City Manager to execute the contract subject to non
<br />substantive changes approved by the City Manager and the City Attorney.
<br />2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
<br />$648,000, which includes $305,598 for the construction contract, $61,120 for contract
<br />administration, inspection and testing, and a $281,282 project contingency for
<br />unanticipated or unforeseen work.
<br />23.Approve an Amendment to the Agreement with SLS Property Solutions, Inc., to
<br />increase the Agreement amount by $160,000 for a total of $205,000, to extend the
<br />term to June 30, 2022, and to add a oneyear renewal option ending on June 30,
<br />2023 (General Fund and NonGeneral Fund)
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement
<br />amendment with SLS Property Solutions, Inc., for property nuisance abatement
<br />services to increase the agreement amount by $160,000 for a total of $205,000, to
<br />extend the term of the agreement to June 30, 2022, and to add a oneyear renewal
<br />option ending on June 30, 2023, exercisable by the City Manager subject to non
<br />substantive changes approved by the City Manager and City Attorney (Agreement No.
<br />2021XXX).
<br />MINUTES:This consent Item Agreement No. 2021032 was approved.
<br />24.Approve an agreement with Invengo American Corp for a Radio Frequency
<br />Identification system at Main and Newhope Branch Library for a total amount not to
<br />exceed $82,284.94 (General Fund)
<br />Department(s): Library
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Invengo American Corp for a term of March 16, 2021 to March 15, 2024 for an Radio
<br />Frequency Identification (RFID) system to include a tagging project of all library
<br />materials and for the purchase of two selfcheckout kiosks, eight Circulation Assistant
<br />pads, and four security gates at the Main and Newhope Branch Libraries for
<br />$72,280.54, a twoyear software and hardware service support plan for $7,016, and a
<br />contingency fund for additional RFID tags or any services/equipment needs for
<br />$2,988.40, for a total amount not to exceed $82,284.94 to be funded by the General
<br />Fund, subject to nonsubstantive changes approved by the City Manager and City
<br />Attorney (Agreement No. 2021XXX).
<br />MINUTES:This consent Item Agreement No. 2021033 was approved.
<br />25.Approve Agreement With KimleyHorn and Associates, Inc. for the Warner Avenue
<br />Protected Bike Lane Project in an Amount not to Exceed $93,990.51 for a ThreeYear
<br />Term (Project No. 206971) (NonGeneral Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />KimleyHorn and Associates Inc. to provide professional engineering services for the
<br />Warner Avenue Protected Bike Lane Project in the amount of $87,572.73, with a
<br />contingency of $6,417.78, for a total amount not to exceed $93,990.51, for a three
<br />year term beginning March 16, 2021 and expiring March 15, 2024, with an option for
<br />two, oneyear extensions, subject nonsubstantive changes approved by the City
<br />Manager and City Attorney (Agreement No. 2021XXX).
<br />MINUTES:Mayor Pro Tem Penaloza provided direction to staff regarding a more
<br />uniform design and more landscape.
<br />Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Hernandez
<br />to Approve.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:This consent Item Agreement No. 2021034 was approved.
<br />26.Approve Amendments to the Agreements With Tetra Tech, Michael Baker
<br />International, Inc., Psomas, Stantec Consulting Services, Inc., NV5, Inc., HuittZollars,
<br />Inc., KimleyHorn and Associates, Inc., and TAIT & Associates, Inc., for OnCall
<br />Engineering Services, to Increase the Aggregate Amount by $950,000, for a Total
<br />Amount not to Exceed $2,950,000 for the Remaining Term of the Agreement (Non
<br />General Fund)
<br />Department(s): Public Works Agency
<br />Recommended Action: Authorize the City Manager to execute amendments to the
<br />agreements to provide oncall engineering services with Tetra Tech, Michael Baker
<br />International, Inc., Psomas; Stantec Consulting Services, Inc., NV5, Inc., HuittZollars,
<br />Inc., KimleyHorn and Associates, Inc., and TAIT & Associates, Inc., to increase the
<br />agreement amount by $950,000, for a total aggregate agreement amount not to
<br />exceed $2,950,000, for the remaining term of the agreement which began on April 21,
<br />2020, and expires on April 21, 2023, with a provision for one twoyear extension
<br />exercisable by the City Manager and City Attorney, subject to nonsubstantive
<br />changes approved by the City Manager and City Attorney (Agreement No. 2021
<br />XXX).
<br />MINUTES:This consent Item – Core Agreement No. 2021035 was approved.
<br />Councilmember Phan abstained from Item 26 due to a conflict of interest regarding
<br />her employer.
<br />27.Approve Agreements with ABM Building Solutions, LLC, ACCO Engineered
<br />Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South Coast Mechanical for
<br />AsNeeded Repair of Heating, Ventilation, and Air Conditioning Systems at Various
<br />City Facilities, in an Aggregate Amount not to Exceed $2,875,000 for up to a Five
<br />Year Term (Specification No. 20134) (General Fund and NonGeneral Fund)
<br />Department(s): Public Works Agency, Police Department
<br />Recommended Action: Approve agreements with ABM Building Solutions, LLC,
<br />ACCO Engineered Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South
<br />Coast Mechanical to provide asneeded heating, ventilation, and air conditioning
<br />(HVAC) repair services, including emergency callout services, for a threeyear period
<br />beginning April 1, 2021, and ending on March 31, 2024, with provisions for two, one
<br />year extensions, in a total shared amount not to exceed $575,000 annually, for a total
<br />aggregate amount not to exceed $2,875,000, subject to nonsubstantive changes as
<br />approved by the City Manager and City Attorney (Agreement No. 2021XXX).
<br />MINUTES:This consent Item Core Agreement No. 2021036 was approved.
<br />28.Approve an Agreement with Immigrant Defenders Law Center For Immigration Legal
<br />Defense Services for a TwoYear Term in an Amount not to Exceed $400,000
<br />(General Fund)
<br />Department(s): City Manager Office
<br />Recommended Action: Authorize the City Manager to execute an agreement with
<br />Immigrant Defenders Law Center to provide immigration legal defense services to
<br />Santa Ana residents, for a term beginning March 16, 2021 and ending January 31,
<br />2023, in an amount not to exceed $400,000, subject to nonsubstantive changes
<br />approved by the City Manager and City Attorney (Agreement No. 2021XXX).
<br />MINUTES:Mayor Sarmiento requested the language “not to exceed” be removed
<br />from the agreement and be replaced with “if additional services are requested, the
<br />City Council can increase the expenditure amount” and bring it back to council as
<br />an adjustment to the budget line item.
<br />Mayor Pro Tem Penaloza requested future agreements include other
<br />organizations.
<br />Councilmember Phan requested outreach and representation to the Asian
<br />American and Pacific Islander Community.
<br />MINUTES:This consent Item Agreement No. 2021037 was approved.
<br />Moved by Mayor Sarmiento, seconded by Mayor Pro Tem Penaloza to
<br />Approved as amended.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />29.Receive and File Certification of Approval by City Engineer of Final Parcel Map 2018
<br />02 (2110, 2114, and 2202 East First Street [Owner: Broomell Commercial Properties,
<br />LLC])
<br />Department(s): Public Works Agency
<br />Recommended Action: Receive and file certification of approval by City Engineer of
<br />final Parcel Map 201802.
<br />30.Resolution to Adopt and Approve Applications for Submission for all CalRecycle
<br />Grants for a 5Year Period
<br />Department(s): Public Works Agency
<br />Recommended Action: Resolution No. 2021XXX – Adopt a resolution approving
<br />the ability to apply, and authorizing submission, for all CalRecycle Grants for a 5year
<br />period.
<br />MINUTES:This consent Item Resolution No. 2021012 was approved.
<br />Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Hernandez to
<br />Approve Consent Calendar items 6 – 30 with the exception of 14, 15, 16, 18, 25, and 28.
<br />Councilmember Phan abstained from Item 26 due to a conflict of interest regarding her
<br />employer..
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez, Councilmember, –
<br />Bacerra, Councilmember, – Hernandez, Councilmember, – Mendoza, Councilmember, –
<br />Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:Councilmember Phan abstained from Item 26
<br />**END OF CONSENT CALENDAR**
<br />BUSINESS CALENDAR
<br />31.City of Santa Ana General Plan Annual Progress Report (2020)
<br />Department(s): Planning and Building Agency
<br />Recommended Action: Authorize staff to submit the City of Santa Ana’s 2020
<br />General Plan Annual Progress Report to the State of California Department of
<br />Housing and Community Development (HCD) and Office of Planning and Research
<br />(OPR).
<br />MINUTES:Planning and Building Director Minh Thai provided comments
<br />regarding the General Plan Annual Progress Report.
<br />Principal Planner Melanie McCann provided comments and answered Council’s
<br />questions regarding Accessory Dwelling Units.
<br />Council provided input to city staff.
<br />Moved by Councilmember Bacerra, seconded by Mayor Pro Tem Penaloza to
<br />Approve.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:Council supports and provided direction to City staff.
<br />32.Provide Early Direction for Preparation of the Fiscal Year 202122 Budget
<br />Department(s): Finance and Management Services
<br />Recommended Action: 1. Adopt the proposed Budget and Reserve Policy.
<br />2. Direct staff to:
<br /> a. Increase miscellaneous fees by 1.67%; OR
<br /> b. Maintain miscellaneous fees at current rates.
<br />3. In addition to Strategic Plan goals already identified, provide any further direction
<br />for the draft FY 202122 Budget and key priorities for federal funding from the
<br />American Rescue Plan Act of 2021.
<br />Moved by Councilmember Bacerra, seconded by Mayor Sarmiento to
<br />Approve Item 32 with option 2B to maintain miscellaneous fee at the current
<br />rate..
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:City Manager Kristine Ridge introduced Item 32.
<br />Executive Director of Finance and Management Services Agency Kathryn Downs provided a
<br />brief presentation.
<br />Council provided direction to city staff.
<br />33.Adopt a Resolution Authorizing Judicial Validation Proceedings for the Proposed
<br />Pension Debt Refinancing and Related Bond Financing Agreements
<br />Department(s): Finance and Management Services
<br />Recommended Action: Resolution No. 2021XXX – Adopt a resolution authorizing
<br />the Issuance of Bonds to refund certain pension obligations of the City, up to the
<br />estimated Unfunded Actuarial Liability (UAL) as of June 30, 2021, approving the form
<br />and authorizing the execution of a trust agreement and purchase contract, and
<br />authorizing Judicial Validation Proceedings relating to the issuance of such Bonds
<br />and approving additional actions related thereto (Agreement No. 2021XXX).
<br />MINUTES:Assistant Executive Director of Finance and Management Services
<br />Agency Sergio Vidal provided a brief presentation.
<br />Moved by Councilmember Phan, seconded by Councilmember Lopez to
<br />Adopt.
<br />YES: 7 – Penaloza, Mayor Pro Tem, – Phan, Councilmember, – Lopez,
<br />Councilmember, – Bacerra, Councilmember, – Hernandez, Councilmember, –
<br />Mendoza, Councilmember, – Sarmiento, Mayor
<br />NO: 0
<br />ABSTAIN: 0
<br />ABSENT: 0
<br />Status: 7 – 0 – 0 – 0 – Pass
<br />MINUTES:This consent Item Resolution No. 2021013 was approved.
<br />This consent Item Agreement No. 2021038 was approved.
<br />**END OF BUSINESS CALENDAR**
<br />COUNCILMEMBER REQUESTED ITEMS
<br />34.Discuss and consider directing City Manager to direct staff to provide options to
<br />rebuild the handball courts at Chepa’s Park in the Logan neighborhood –
<br />Councilmember Hernandez
<br />MINUTES:Council discussion ensued and direction provided to city staff.
<br />CITY MANAGER COMMENTS
<br />MINUTES:City Manager Kristine Ridge provided a General Plan Update, Housing
<br />Element Update, and announced that the Public Works Department is hosting a
<br />6 Annual Youth Water Contest.
<br />COUNCIL COMMENTS
<br />MINUTES:Councilmember Bacerra thanked the police department for their efforts
<br />regarding illegal street racing, reminded the public of his office hours on April 3, 2021 at 10
<br />a.m., and wished everyone a Happy St. Patrick’s Day and Easter.
<br />Councilmember Hernandez thanked all residents who participated to be involved in the
<br />community and spoke on the importance of mental health.
<br />Councilmember Lopez made community announcements regarding the Vector Control
<br />future presentation.
<br />Councilmember Mendoza requested council to adjourn in memory of Sergeant Ralph
<br />Lopez and reminded the public she will be holding office hours on March 18, 2021 from 6
<br />to 7 p.m.
<br />Councilmember Phan encouraged all to adopt a cat, spoke on recent Asian anti
<br />deportation and expressed concern with the increase of attacks towards the Asian
<br />American Community.
<br />Mayor Pro Tem Penaloza encouraged all to maintain social distancing during Easter as we
<br />move to less restrictive tiers.
<br />Mayor Sarmiento thanked Chief Valentin for his commitment to transparency and
<br />adjourned in memory of Consul Mario Cuevas.
<br />ADJOURNMENT – Adjourn the City Council meeting.
<br />Future Items
<br />1. Shelter Operator
<br />2. Cannabis Regulation Updates
<br />3. Group Home Regulation Updates
<br />MINUTES:Mayor Sarmiento adjourned the City Council meeting at 10:51 p.m.
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