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DRAFT Minutes of the Regular Meeting of theCity CouncilCity of Santa Ana, CaliforniaMarch 16, 2021CLOSED SESSION MEETING – 5:00 pmREGULAR OPEN MEETING – 5:00 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Due to Governor Gavin Newsom’s Executive Order and the City Council's Proclamation ofLocal Emergency, there was no inperson meeting location for the community to attendpublic meetings.CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezMINUTES:Mayor Sarmiento called the Closed Session meeting to order at 5:09 p.m.Clerk of the Council conducted roll call. All councilmembers were present with theexception of Councilmember Mendoza.PUBLIC COMMENTS – Members of the public may address the City Council on items onthe Closed Session Agenda may do so by:Comments will be held during the beginning of the meeting for ALL comments on agendaand nonagenda items within the jurisdiction of the City, with the exception of public hearingitems. Comments for public hearings will take place after the hearing is opened. This is beingdone to respect the time constraints of residents who cannot stay tuned late into the eveningto comment on items that they feel strongly about.Individuals who would like to comment on an agenda item or make a general commentregarding a topic not in the meeting agenda may do so ahead of the meeting by:Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or asnoticed for Special meetings, to eComment@santaana.org. Comments received after thecutoff time will be published soon after the meeting as part of the record as early aspossible.OR DURING THE MEETING BY:Zoom Webinar: Please click on or type the following address into your webbrowser https://us02web.zoom.us/j/315965149ORConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149# whenprompted. The public can begin joining the speaker queue at 4:30 p.m. In accordance with Councilprocedures, calls will not be accepted after the public comment session has begun. To besure that you are in the speaker queue, you must join the meeting by 6:00 p.m. To request tospeak, dial *9 from your phone or virtually raise your hand from Zoom. After the Clerkconfirms the last three digits of the caller’s phone number or Zoom ID and unmutes them,the caller must press *6 or microphone icon to speak. Callers are encouraged, but notrequired, to identify themselves by name. Each caller will be provided three (3) minutes tospeak.To watch the meeting without participating via these remote options:YouTube LiveStream at www.youtube.com/user/SantaAnaLibraryChannel CTV3, available on Spectrum channel 3 and AT&T Uverse channel 99About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).MINUTES:None.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 POTENTIAL LITIGATION Significantexposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section54956.9 of the Government Code: Two CasesA. El Centro Cultural de MexicoB. 312316 4 StreetCLOSED 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 to the Closed Session at 5:11 p.m.RECONVENE – City Council will reconvene to continue regular City business.MINUTES:Mayor Sarmiento adjourned Closed Session meeting at 6:00 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 6:05p.m.ROLL CALLMINUTES:Clerk of the Council conducted roll call. All councilmembers were present.Councilmember Mendoza joined the Open Regular Session meeting at 6:12 p.m.PLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONFr. Abel LopezCEREMONIAL PRESENTATIONS1.Proclamation presented by Councilmembers Lopez, Mendoza and Phan to Wiseplacerecognizing March as Women’s History Month.2.Certificate of Recognition presented by Mayor Pro Tem Penaloza to Paula Faccou forOutstanding Contributions to the Community.STAFF PRESENTATIONS3.COVID19 Update in the Community.MINUTES:Daisy Perez Assistant to the City Manager provided a brief presentationregarding COVID19 vaccinations for Santa Ana Residents. 4.Neighborhood Beautification Contest PresentationMINUTES:Executive Director of Public Works Agency Nabil Saba provided a briefpresentation.5.Costa Mesa Freeway (SR55) Improvement Project: I405 to I5 Aesthetic FeaturesMINUTES:Executive Director of Public Works Agency Nabil Saba provided a briefpresentation.MINUTES:Presentations taken out of order, the COVID19 update was heard last. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.MINUTES:City Attorney Sonia Carvalho stated there was no reportable action.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:Clerk of the Council Daisy Gomez reported out on correspondence received.Donna spoke regarding Item 34 requests the Chepa’s Park handball courts be rebuilt. Victor Mendez spoke regarding COVID19 vaccination appointments and provided variouscomments regarding 30 and 33. Issac Manzo spoke regarding Item 34, requested transparency from the neighborhoodassociation regarding the circulation of a petition against the rebuilding of the handballcourts. Joe Andrade spoke in opposition to Item 34 and noted a petition with 35 signatures wassubmitted for the record.Robert Herrera spoke in support of Item 28, and hopes the fund amount will increase in thenear future. Tony O. spoke in support of Item 34.Leonardo Penilla spoke in support of Item 34, stated that on various occasions there hasbeen overwhelming support from the community to keep the handball courts in question. Dolores Almaraz spoke in support of Item 34, stated that green space is important to thecommunity and provided various other comments. Francisco Manzo spoke in support of Item 34, stated that members of the community of allages utilized and benefited from the handball court.Belen Vazquez spoke in support of Item 34, indicated that the petition against therebuilding of the handball courts was never provided to her. Marla spoke in support of Item 34, indicated that the homeless issue is citywide not just asa result of the handball courts.Eloy Reyes spoke in support of Item 34.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 30.6.Minutes from the regular meeting of January 19, 2021Department(s): Clerk of the CouncilRecommended Action: Approve minutes.7.Excused absencesDepartment(s): Clerk of the CouncilRecommended Action: Excuse the absent members.8.Adopt Ordinance No. NSXXXX AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2,ARTICLE IV DIVISIONS 29 TO REQUIRE BOARD AND COMMISSION MEMBERSTO BE RESIDENTS OF THE CITY INSTEAD OF QUALIFIED ELECTORSPlaced on first reading at the March 2, 2021 City Council meeting and approved by avote of 70.Published in the Orange County Reporter on March 5, 2021.Department(s):City Managers Office, City Attorneys OfficeRecommended Action: Place ordinance on second reading and adopt.MINUTES:This Consent Calendar Ordinance No. NS3003 was approved9.Appoint various boards and commissions members nominated by CouncilmemberPhan as the Ward 1 representatives for a full term expiring December 10, 2024Department(s):Clerk of the CouncilRecommended Action: Appoint.1. Indigo Vu – Arts and Culture Commission Pursuant to Senate Bill 2252. Gary Wood – Environment and Transportation Advisory Commission (ETAC)3. Keith Carpenter – Historic Resources Commission4. Gabrielle Marcia Gutierrez – Parks, Recreation and Community ServicesCommission10.Appoint Jennifer Oliva nominated by Mayor Pro Tem Penaloza as the Ward 2representative to the Community Development Commission for a partialterm expiringDecember 13, 2022Department(s): Clerk of the CouncilRecommended Action: Appoint Jennifer Oliva to the Community DevelopmentCommission representing Ward 2.11.Appoint Alan Woo nominated by Councilmember Hernandez as the Ward 5Representative to the Planning Commission for a full term expiring December 10,2024Department(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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<br />City Council 7 3/16/2021CityCouncil4–7 6/1/2021
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