HomeMy WebLinkAbout2022-04-19 RegularMinutes of the Regular Meeting of the City
Council
City of Santa Ana, California
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April 19, 2022
CLOSED SESSION MEETING - 5:00 pm
REGULAR OPEN MEETING - 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana. CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Phil Bacerra
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Councilmember Lopez called the Closed Session meeting to order at
5:05 p.m.
ROLL CALL
City Council 1 4/19/2022
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers
were present. Mayor Sarmiento joined the Closed Session meeting at 5:27 p.m.
PUBLIC COMMENTS — Members of the public may address the City Council on Closed
Session Items.
MINUTES: No public comments on Closed Session items.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
Section 54957
Title: Clerk of the Council, City Attorney and City Manager
2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick
Employee Organizations:
• Santa Ana Police Officers Association (POA)
• Service Employees' International Union (SEIU) Full -Time Employees
• Service Employees' International Union (SEIU) Part -Time Non -Civil Service
Employees
CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular
City business.
MINUTES: Mayor Pro Tern Bacerra recessed the portion of the meeting to consider the
Closed Session item(s) at 5:06 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
City Council 2 4/19/2022
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:35 p.m. and
convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:38
p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION
CEREMONIAL PRESENTATIONS
Bob Barnett, Police Chaplain
Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism
Awareness Month.
2. Certificate of Recognition presented by Mayor Pro Tern Bacerra to Roger Eyes,
Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the
Community.
3. Certificate of Recognition presented by Councilmember Hernandez to the Orange
County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to
the Community.
MINUTES: The Orange County School of the Arts Ambassador Jazz Orchestra
recognition is being postponed until further notice.
4. Proclamation presented by Councilmember Lopez to Southern Coalition for
Occupational Safety & Health declaring April 28, 2022 as Workers' Memorial Day.
5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade
for her Outstanding Contributions to the Community.
City Council 3 4/19/2022
6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum
declaring April 30, 2022 as Black April.
STAFF PRESENTATIONS
7. COVID-19 Update in the Community
MINUTES: Assistant to the City Manager Daisy Perez provided a brief presentation.
Council discussion ensued and input provided to staff.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: Nothing to report out.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, except for public hearings. Comments for
public hearings will take place after the hearing is opened.
MINUTES: Doug Gillen, representing Santa Ana United Methodist Church and Chairman
of their Fireworks Committee, spoke in opposition to item 28.
Bryan Kay spoke on multiple subjects and listed his support and thanked Councilmember
Hernandez for speaking with police officers and attempts to build community. Wished to
honor Benjamin Pharynx who turned102 years old. Thanked Mayor Sarmiento for Autism
Awareness month.
Frank Andrade, Jr., Senior Commander of the Royal rangers of Templo Calvario
Church, spoke in opposition of item 28.
James Sorto, representing Te-Kenjutsu-Kan Karate -Do Organization a 501-C3 Non -Profit
Organization, spoke in opposition to item 28.
Sean Knight, Band Director at Saddleback High School Marching Band, spoke in
opposition to item 28.
Tai Fuimoono, representing First Samoan Congregational of Santa Ana, spoke in
opposition to item 28.
Maria Lua, member of the Cheer Centurion Chair Boosters, spoke in opposition to item 28.
Veronica Rojas, representing Northeast Santa Ana Little League, spoke in opposition to
item 28 and asked council to reconsider the firework ban.
City Council 4 4/19/2022
Estela Sa/as, representing Te-Kenjutsu-Kan Karate -Do Organization, spoke in opposition
to item 28.
Pastor Oona Casanova, representing the Church of the Nazarene, spoke in opposition to
item 28.
Teresa Flores Wiig, representative of TNT Fireworks, and also speaking on behalf of TNT
Vice President John Kelly, spoke in opposition to item 28.
Vanessa Terrazas, church secretary, member of the property board and works with the
youth at Trinity Cristo Rey Lutheran Church, spoke in opposition to item 28. Detailed
programs that the church provides due to fireworks sales.
Melisa Stile, representing Calvary Chapel High School, specifically the wrestling and
football teams boosters, spoke in opposition to item 28.
Asheley Pulido, representing Century High School Cheer, spoke in opposition to item 28.
Detailed how funds support uniform, transportation cost and fees.
Carlos Mondragon, representing Victory Outreach and he is a volunteer in one the homes
that focus on drug recovery, spoke in opposition to item 28.
Santiago, representing Te-Kenjutsu-Kan Karate -Do Organization, spoke in opposition to
item 28. Detailed how funds from fireworks sales enrich the student's lives.
Elizabeth Roque spoke in support of item 32 and asked that funds be redirected to support
the youth programs and churches.
Courtney Calderon spoke in support of item 32 and discussed that police budget be
reduced and redirected towards the local nonprofits.
Lucia Gonzalez spoke in support of item 32. Asked council to find ways to support the local
nonprofits and not add more money to the police budget.
Mia Verdin spoke in opposition of item 28 and in support of item 32. Asked council to
review how to support funding of the nonprofits. Expressed support of a civilian lead police
oversight commission.
Kelly Krause -Lee, spoke in opposition of item 28 and in support of item 32.
Victor Mendez thanked Judson Brown for getting ERP up and running ahead of schedule,
Mayor Sarmiento and council for recognizing Autism Awareness Month. Thanked Mayor
for attending meetings at 2222 East First Street (Metro East Senior Park) Apartments) and
listen to the public safety concerns for senior citizens. Spoke in support of item 32.
Jose L. Berrelleza, with Santiago Little League Baseball based out of El Salvador
Park, spoke in support of item 28. Expressed concern for the increase in field reservations
City Council 5 4/19/2022
and how it affects their organization.
Irma Jauregui, representing Santa Ana Healthy Neighborhoods Alliance, spoke on item
28 and expressed the importance of finding other ways to fundraise in order to avoid future
environmental and health issues.
Susana Sandoval spoke on item 28 and also expressed the importance of finding other
ways to fundraise. Urged council to direct staff to take the ban on the use, possession, and
sale of all fireworks to the November 2022 election.
Jessica Magallanes, representing Santa Ana Pony and Girls Fast Pitch, spoke in
opposition of item 28.
John Hanna, Special Counsel at Southwest Regional Council of Carpenters, spoke in
support of item 10 and urged council to pass the Housing Opportunity Ordinance.
Mark Santos, Band Director of Santa Ana High School, spoke in opposition of item 28.
Nathaniel Greensides spoke on item 30 and in support of item 27.
David Salazar -Chavez, part of the Victory Outreach organization, spoke in opposition of
item 28.
Cesar Plasencia applauded council for recognizing Autism Awareness Month and spoke
in opposition of item 28. Encouraged council to research ways the city can encourage
hiring of autistic young adults and adults.
Silvia Ayala spoke on item 32 and asked for additional police training. Expressed
support of item 28.
Guadalupe spoke in support of item 32 and expressed support for redirecting police funds
towards youth programs.
Jackie reminded the community and councilmembers that water is life and to protect
it, spoke in opposition to item 28, and inquired about FBI investigations.
Perla Dionicio expressed concern about public safety and recounted her experience with
Santa Ana Police Department.
Ventura Agama spoke in support of item 32 and of an oversight committee and recounted
her own experience with Santa Ana Police Department.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Kathy Scott spoke on need to have safe parking conditions for residents of Metro East
Senior Park Apartments on First Street. Asked council to not forget the local seniors.
City Council 6 4/19/2022
Nathan Taft spoke in support of item 32 and expressed support of an oversight committee.
Expressed support to redirect police funds towards community programs.
Jairo Cortez, representing Chispa Organization, spoke in support of item 32 and expressed
support of the Housing Opportunity Ordinance.
Elias Caza/as, President of Santa Ana Pony, spoke in opposition to item 28.
David Carbajal spoke in support of item 32 and expressed support of an oversight
committee.
Maria Sanchez thanked Mayor Sarmiento for highlighting Autism Awareness Month and
spoke in opposition to item 28.
Jesus Santana spoke in support of item 32 and expressed support of an oversight
committee. Thanked Mayor Sarmiento and Councilmember Hernandez for joining the
Sullivan Accion meeting on Friday, April 15, 2022.
Denise Reynoso, President of the Downtown Neighborhood Association and also a
representing Northeast Santa Ana Little League, spoke in opposition to item 28.
Tanya Reeves spoke in support of item 32 and item 28.
Daisy Cruz with the Kennedy Commission spoke in support of item 10 and item 32.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 8 through 26.
8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
9. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF
THE CITY OF SANTAANAAND REPEALING ORDINANCE NO. NS-2958
First reading at the April 5, 2022 City Council meeting and approved by a vote of 7-0.
Published in the Orange County Reporter on April 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.
City Council 7 4/19/2022
2. Receive and file staff report regarding the use of new ward maps for purposes of
city operations.
MINUTES: This consent Item - Ordinance No. NS-3018 was approved.
10. Adopt Ordinance No. NS-XXXX - ZONING ORDINANCE AMENDMENT NO. 2021-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE WILL OF CHAPTER
41 OF THE SANTAANA MUNICIPAL CODE REGARDING THE HOUSING
OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 5-2
(Bacerra and Penaloza dissented).
Published in the Orange County Reporter on April 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt
Moved by Voting Member Phan, seconded by Voting Member Hernandez to
approve.
YES: 4 — Hernandez, Lopez, Phan, Sarmiento
NO: 3 — Mendoza, — Penaloza, — Bacerra
ABSTAIN: 0
ABSENT:0
Status: 4-3-0-0 —Pass
MINUTES: Mayor Pro Tern Bacerra moved to deny item 11. Motion died to a lack
of a second.
This consent Item - Ordinance No. NS-3019 was approved.
11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records
from the Community Development Agency in accordance with the retention schedule
outlined in City Council Resolution No. 2013-014.
MINUTES: Mayor Sarmiento voted no on item 11.
12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual
Amount not to exceed $175,000 for a Two-year Term with Three One -Year Renewal
Options (Specification No. 22-061) (General Fund)
City Council 8 4/19/2022
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an
annual amount not to exceed $175,000 for the period beginning June 1, 2022 and
expiring May 31, 2024 with an option for three one-year renewals, subject to non -
substantive changes approved by the City Manager and City Attorney.
13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions
for Data Center Server and Storage Infrastructure Equipment (Specification No. 22-
014) (Non -General Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions
for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the
amount of $387,809, subject to non -substantive changes approved by the City
Manager and City Attorney.
14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for
Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the
Parks, Recreation, and Community Services Agency (Specification No. 22-029)
(General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services
Recommended Action: Authorize a one-time purchase and payment of purchase
order to National Auto Fleet Group for the purchase of two Ford Ranger XL
SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total
amount not to exceed $76,140, subject to non -substantive changes approved by the
City Manager and City Attorney.
15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment
Rental in the Annual Aggregate Amount of $80,000, for a One -Year Term with Four,
One -Year Renewal Options (Specification No. 22-045) (General and Non -General
Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and
United Rentals for equipment rental for a one-year period beginning April 20, 2022
and expiring April 19, 2023, with provisions for four, one-year renewals exercisable by
the City Manager, in an annual aggregate amount not to exceed $80,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction
Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water
and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of
$2,000,000 (Project No. 22-6468 and 22-6620) (Non -General Fund)
Department(s): Public Works Agency
City Council 9 4/19/2022
Recommended Action: 1. Approve an appropriation adjustment to recognize
$500,000 of prior -year fund balance in the Water Fund, Public Works Water Revenue,
Prior Year Carryforward revenue account, and appropriate the same amount to the
Acquisition & Construction, Water Utility Capital Projects, Water Capital Project
expenditure account. (Requires five affirmative votes)
2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in
accordance with the base bid in the amount of $1,453,765, for construction of the
Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19,
2022 and ending upon project completion, and authorize the City Manager to execute
the contract subject to non -substantive changes approved by the City Manager and
the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$2,000,000, which includes $1,453,765 for the construction contract, $218,000 for
contract administration, inspection and testing, $100,000 for water engineering, and a
$228,235 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer
Improvements Project.
17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for
the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street,
Fiscal Year (FY) 2021-22, with an Estimated Project Delivery Cost of $1,127,000
(Project No. 20-6957) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent
HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from
Flower Street to Main Street (No. 20-6957) from the Gas Tax Local Street
Improvements Project (No. 20-6956).
2. Award a construction contract to All American Asphalt, the lowest responsible
bidder, in accordance with the base bid in the amount of $823,333, for construction of
the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY
2021-22.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,127,000, which includes $823,333 for the construction contract, $113,334 for
contract administration, inspection and testing, and a $190,333 project contingency
for unanticipated, unforeseen work, and additional nearby asphalt pavement
improvements.
MINUTES: Mayor Sarmiento provided comment on procurement process. Directed
staff to provide reports on past performance of contractors in their bidding process.
City Council 10 4/19/2022
18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of
$276,430 for the Local Street Sidewalk Improvements FY 2021-22 Project with an
Estimated Project Delivery Cost of $373,060 (Project No. 22-7535) (Non -General
Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction Inc., the lowest responsible bidder, in accordance with the base bid in
the amount of $276,430, for construction of the Local Street Sidewalk Improvements
FY 2021-22, for the term beginning April 19, 2022 and ending upon project
completion, and authorize the City Manager to execute the contract subject to non -
substantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$373,060, which includes $276,430 for the construction contract, $41,465 for contract
administration, inspection and testing, and a $55,165 project contingency for
unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
adding the Residential Street Repair Program FY 2021-22 Project with a budget of
$373,060 in Community Development Block Grant (CDBG) funds.
19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive
Transportation Funding Program for Warner Avenue Improvements Phase 2 and
Bristol Street and Memory Lane Projects (Project No. 14-6802 and 17-6883) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a two-year
time extension of Measure M2 Comprehensive Transportation Funding Program
construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to
Grand Street project (21-SNTA-ACE-3997) and for Bristol Street and Memory Lane
Intersection Improvements (21-SNTA-ICE-3995).
20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser
Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services
Recommended Action: Approve a license Agreement with NOVA academy for use
of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of
April 19, 2022 to June 30, 2025 with two, one-year renewal options, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-057 was approved.
City Council 11 4/19/2022
21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and
Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376
(General and Non -General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic
bill presentment services for Municipal Utility Services, Business License, Proactive
Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and
City newsletters and other City -related miscellaneous mailing notices. Said renewal
agreement is to be for an amount not to exceed $10,904,376, which includes a 15%
contingency funding for annual Cost Price Index ("CPI") adjustments and a further 15%
contingency set -aside for anticipated United States postage increases — altogether
totaling $2,516,394 over the maximum 8'/ryear life of the agreement. The renewal
agreement commences April 19, 2022 and contains a base term covering FY 2021-
22, 2022-23, 2023-24 and FY 2024-25, expiring December 31, 2025, with provision
for two renewal options of three years, and one year, respectively, ending December
31, 2029 (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-058 was approved.
22. Approve an Agreement with Outfront Media LLC for the Design, Construction,
Maintenance, and Operation of Digital Billboards and Digital Banners at City -owned
Properties throughout the City for a 25-Year Term (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Outfront Media LLC to design, construct, maintain, and operate digital billboards at
City -owned freeway locations and digital banners throughout the City, and to share
advertising revenue from digital billboards and digital banners, for a 25-year period
beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a
period of ten years, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. 2022-XXX).
MINUTES: Mayor Pro Tern Bacerra provided input to staff. Expressed concern for
site location on Santa Ana Water Tower. Requested staff to adjust language in
agreement to bring site decisions to council rather than by staff.
This consent Item - Agreement No. 2022-059 was approved.
Moved by Voting Member Bacerra, seconded by Voting Member Mendoza to
approve recommended action with the following amendment:
Remove the Santa Ana Water Tower as one of the sites.
In the agreement change last paragraph of section four to remove without
City Council 12 4/19/2022
limitation language from the first sentence and amend second sentence to
read, "City shall review proposed additional telecommunication devices and
provide approval if such additional telecommunication devices are found to
be compliant with applicable federal and state regulation laws and city
ordinance requirements."
• In exhibit A, Section 1.A.a and section 2.A.a. indicate that any additional
locations are subject to approval by the City Council
• In exhibit A, Section C.A.8 remove the language after the words double -sided
to eliminate any reference to the water tower.
YES: 6 — Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 1 — Lopez
ABSTAIN: 0
ABSENT:0
Status: 6 — 1 — 0 — 0 —Pass
23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an
Amount Not to Exceed $2,158,565 for a Three -Year Term (Project No. 22-1380)
(Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with
Group 4 Architecture, Research + Planning, Inc. to provide full design services for the
Santa Ana Main Library's renovation project, in the amount of $2,158,565, for a three-
year term beginning April 19, 2022 and expiring April 18, 2025, with an option for two,
one-year extensions, subject non -substantive changes approved by the City Manager
and City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-060 was approved.
24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing
Subcommittee between the City of Santa Ana and the Santa Ana Unified School
District
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution establishing
the joint school collaboration City Council standing subcommittee between the City of
Santa Ana and the Santa Ana Unified School District.
MINUTES: This consent Item - Resolution No. 2022-028 was approved.
25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless
Housing, Assistance and Prevention Program Funds (Non -General Fund)
Department(s): Community Development Agency
City Council 13 4/19/2022
Recommended Action: Approve appropriation adjustment recognizing
$2,058,070.34 in funds from the State of California, Business, Consumer Services
and Housing Agency revenue account and appropriate the same amount to
expenditure account to address homelessness in Santa Ana. (Requires five
affirmative votes)
MINUTES: Mayor Sarmiento provided input to city staff regarding continued
housing and desire to see more diversity in housing options for the homeless
population.
Moved by Voting Member Sarmiento, seconded by Voting Member Mendoza
to Approve.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant
Improvement Costs Relating to the Homeless Navigation Center (Non -General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity
with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the
amount of $1,200,000.
MINUTES: Councilmember Phan recused herself Item 26 due to a conflict of
interest.
Councilmember Lopez asked to be emailed when the shelter will be opened and the
final budget for the shelter.
Moved by Voting Member Mendoza, seconded by Voting Member Lopez to
approve.
YES: 6 — Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 1 —Phan
Status: 6-0-0— 1 —Pass
Moved by Voting Member Bacerra, seconded by Voting Member Penaloza to
approve Consent Calendar items 8-24 with the exception of items 10, 22, 25, and
26. Councilmember Phan recused herself from item 26 due to a conflict of interest.
City Council 14 4/19/2022
Mayor Sarmiento voted no on item 11 and provided comment on item 17.
YES: 7— Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0-0-0 —Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the
Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33
of the Municipal Code by adding Article A relating to the ceremonial naming of
streets.
MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief
presentation.
Council discussion ensued and provided direction to staff.
Councilmember Hernandez requested more information on Section 33-263 item A,
regarding the length of time ceremonial street names
remain. Recommended adding addendum to allow street names remain longer
than ten years in the application process.
Councilmember Phan recommended adding a provision that allows City Council at
their discretion consider extending a ceremonial street name beyond ten years.
Councilmember Penaloza requested that all ceremonial street names' costs be
covered by the applicant and not the city tax dollars. Supportive of having a council
discretion provision to determine how long the ceremonial street name would
remain.
Councilmember Hernandez motioned to move item with the following amendments:
1) to have the indefinite period of time at the discretion of the council, and 2) if any
councilmember brings forth a proposal to have an honorary street name that the
council and the city cover the costs; died due to a lack of a second.
City Council 15 4/19/2022
Council directed staff to return with more comparisons of local and national cities on
policies of ceremonial street toppers and associated costs.
Moved by Voting Member Hernandez, seconded by Voting Member Bacerra to
continue item and direct staff to bring the item back with two options: one that
includes the fees and one that excludes the fees. Include a council discretion
provision when it comes to 10 years versus an indefinite period for both
options, and provide comparison of cities on policies of ceremonial street
toppers and associated costs.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
28. Charter Review Ad Hoc Committee's Recommendation on Fireworks
Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued, accepted informational report and provided direction to
staff to have the Public Safety Committee look at different ideas for stronger
enforcement.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on each of the
Public Hearing items.
29. Public Hearing —Approve the Fiscal Year 2022-2023 Annual Action Plan and budgets
for the Community Development Block Grant, HOME Investment Partnerships Grant,
and Emergency Solutions Grant, and authorize submission to the United States
Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinion, and Nguoi Viet on
March 10, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder
City Council 16 4/19/2022
comments on funding priorities and needs for activities funded with the Community
Development Block Grant, HOME Investment Partnerships Grant, and Emergency
Solutions Grant programs for the Fiscal Year 2022-23 Annual Action Plan.
2. Approve the Fiscal Year 2022 - 2023 Annual Action Plan and authorize the
submission of the Fiscal Year 2022 - 2023 Annual Action Plan to the United States
Department of Housing and Urban Development.
3. Approve the Fiscal Year 2022-2023 budgets for the Community Development
Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from
Grant Year 2022 allocation and a re -allocation of $2,653,725 in prior year program
funds and program income; HOME Investment Partnerships grant in the amount of
$1,706,231 from the Grant Year 2022 allocation and a re -allocation of $9,428,513 in
prior year program funds; and Emergency Solutions Grant in the amount of $489,141
from the Grant Year 2022 allocation. All proposed activities' budgets will be
proportionally increased or decreased from the estimated funding levels to match
actual allocation amounts.
4. Direct the City Attorney to finalize and authorize the City Manager to execute
memorandums of understanding with various city departments and agreements with
non-profit public service providers awarded funds as part of the approved Community
Development Block Grant program budget for a two-year term beginning July 1, 2022
through June 30, 2024, subject to non -substantive changes approved by the City
Manager and City Attorney, and direct the Risk Manager or designee to determine the
necessary insurance requirements applicable for each project (Agreement No. 2022-
XXX).
5. Direct the City Attorney to finalize and authorize the City Manager to execute a
memorandum of understanding with the Santa Ana Police Department and
agreements with non-profit homeless service providers awarded funds as part of the
approved Emergency Solutions Grant program budget for a term beginning July 1,
2022 through June 30, 2023, subject to non -substantive changes approved by the City
Manager and City Attorney, and direct the Risk Manager or designee to determine the
necessary insurance requirements applicable for each project (Agreement No. 2022-
XXX).
MINUTES: Mayor Sarmiento opened the public hearing at 11:01 p.m.
Janice Frechete of Parentis Foundation spoke in support of item.
Clerk of the Council Daisy Gomez stated that no written communication was
received.
Council discussion ensued and direction provided to staff.
Councilmember Lopez requested staff to meet with her and provide her with a list all
organizations that have applied. Identify which ones have been funded, which ones
have not and indicate why.
City Council 17 4/19/2022
Housing Division Manager Judson Brown addressed council regarding the Request
for Proposal (RFP) process and available workshops available to the nonprofits new
to the process.
Councilmember Phan and Mayor Sarmiento noted that some of the non -profits can
be funded from other sources.
Mayor Sarmiento asked staff to see what other departments can absorb some of
these non -profits.
Public hearing was not closed and continued to the next council meeting.
Moved by Voting Member Sarmiento, seconded by Voting Member Hernandez
to continue.
YES: 7 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting
Member, — Penaloza, Voting Member, — Phan, Voting Member, — Bacerra, Voting
Member, — Sarmiento, Voting Member
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
30. Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020-
03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update
Legal notice published in the Orange County Reporter on April 8, 2022 and notices
mailed on April 6, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022-XXX— Adopt a resolution certifying
Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No.
2020029087), including adoption of environmental findings of fact pursuant to the
California Environmental Quality Act, adoption of a Statement of Overriding
Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022-XXX — Adopt a resolution approving General Plan Amendment
No. 2020-06.
3. Resolution No. 2022-XXX— Adopt a resolution of findings to overrule the John
Wayne Airport Orange County Airport Land Use Commission's determination that the
Proposed General Plan Update is inconsistent with the Airport Environs Land Use
Plan.
MINUTES: Councilmember Phan provided comment regarding her participation on
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item and vote.
Mayor Sarmiento opened the public hearing at 11:21 p.m.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Cynthia Guerra with Rise Up Willowick Coalition requested more information on
council's hesitation of no -net loss space policy.
Karen Romero Estrada with RISE Up Willowick Coalition spoke on open space.
Andrew Brady of DLA Piper Law Firm, speaking on behalf of client, discussed letter
sent on April 4, 2022 regarding building projects and provided recommendations.
Leonel Flores expressed support for the adoption of the General Plan with the
inclusion of the recommendations made by the Environmental Justice Group.
Jabari Brown attorney with UCI's Environmental Law Clinic spoke in support of city's
effort to engage city and dedication to environmental justice advocacy and a clean
future.
Council discussion ensued and direction provided to staff.
Mayor Pro Tem Bacerra commended the committee on its report and continued
efforts on the item.
Mayor Pro Tem Bacerra moved to adopt recommended action to 1) Adopt a
resolution certifying Final Recirculated Program Environmental Impact Report No.
2020-03 (SCH No. 2020029087), including adoption of environmental findings of
fact pursuant to the California Environmental Quality Act, adoption of a Statement of
Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting
Program. 2) Adopt a resolution approving General Plan Amendment No. 2020-06
with the recommended changes and clarifications as shown in the attached exhibit 2
with the additional item to allow the use of the least restrictive interim development
standards to apply within those five focus areas within the plan, and 3) Adopt a
resolution of findings to overrule the John Wayne Airport Orange County Airport
Land Use Commission's determination that the Proposed General Plan Update is
inconsistent with the Airport Environs Land Use Plan; seconded by Councilmember
Mendoza.
Councilmember Lopez requested clarification from city attorney inquiring if council
has authority to designate all open space in the general plan.
City Council 19 4/19/2022
Councilmember Phan requested letter in response to Rise Up Willowick in regards
to no -net space and council's position on the item.
Councilmember Phan moved substitute motion, seconded by Councilmember
Hernandez.
Mayor Sarmiento move second substitute motion, seconded by Councilmember
Hernandez.
Mayor Sarmiento closed the public hearing on Wednesday, April 20, 2022 at 12:37
a.m.
This Public Hearing Item - Resolution Nos. 2022-029, 2022-030, and 2022-031
were approved.
Moved by Voting Member Phan, seconded by Voting Member Hernandez to
adopt amended substitute motion to 1) Adopt a resolution certifying Final
Recirculated Program Environmental Impact Report No. 2020-03 and 2) Adopt
a resolution approving General Plan Amendment No. 2020-06 with the
resolution line indicating the General Plan amendment will not go into effect
until one day after the Housing Opportunity Ordinance takes effect and the
clarification in Exhibit 2 with the additional item to allow the use of the least
restrictive interim development standards to apply within those five focus
areas within the plan.
YES: 7 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting
Member, — Penaloza, Voting Member, — Phan, Voting Member, — Bacerra, Voting
Member, — Sarmiento, Voting Member
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
Moved by Voting Member Sarmiento, seconded by Voting Member Hernandez
to approve a second substitute motion to adopt recommended action 3, a
resolution of findings to overrule the John Wayne Airport Orange County
Land Use Commission's determination the Proposed General Plan Update is
inconsistent with the Airport Environs Land Use Plan.
YES: 7 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting
Member, — Penaloza, Voting Member, — Phan, Voting Member, — Bacerra, Voting
Member, — Sarmiento, Voting Member
NO: 0
ABSTAIN: 0
ABSENT:0
City Council 20 4/19/2022
Status: 7-0-0-0— Pass
COUNCILMEMBER REQUESTED ITEMS
31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an
Ordinance to Require Shopping Centers to Post Contact Information for the Center's
Management Personnel at All Entrances and Exits — Mayor Pro Tern Bacerra
MINUTES: Council discussion ensued and direction provided to staff. Majority of
council supportive of item.
32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a
Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers —
Councilmember Hernandez
MINUTES: Council discussion ensued and direction provided to city staff.
Mayor Pro Tem Bacerra asked for a resolution from staff.
Councilmember Lopez is supportive of a resolution or ordinance.
Councilmember Phan asked her colleagues to consider a policy to prevent any city
employee or council from using copyrighted music or materials in order to prevent
the exercise of first amendment recording.
Councilmember Mendoza supportive of item and inquired about the proper
behavior of an officer when taunted.
Mayor Sarmiento concurs with Councilmember Phan. Expressed support of an
ordinance or a resolution.
Councilmember Hernandez recounted his experience of the incident on April 4,
2022 and the aftermath. Spoke with Assistant Chief Robert Rodriguez to clarify
current policies and procedures for certain situations. Reiterates that to be an
advocate for justice is not to be anti -law enforcement. Stated that justice is about
working and helping those people that need it. Provided direction to staff to bring
this back as a resolution or ordinance.
Assistant Chief of Police Robert Rodriguez responded and spoke on Santa Ana
Police Department policies.
CITY MANAGER COMMENTS
MINUTES: None.
City Council 21 4/19/2022
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez wished all a good night.
Councilmember Lopez reminded public of The Sunshine Ordinance meeting to discuss
housing development for the 2525 North Main Street site on April 20, 2022 at First
Congregational Church of Santa Ana and will announce office hours during the week.
Lastly, wished all those a good night and good morning.
Councilmember Mendoza reminded all of April 27th , national denim day to
commiserate Sexual Harassment Awareness. Also, the date marks the 50th anniversary of
Earth Day. Proud of the city in making efforts to be sustainable. Suggested a few ways to be
more sustainable and environmentally friendly. Offered condolences and a personal story
in memory of Michael Macres.
Councilmember Penaloza thanked staff of the Parks and Recreational Department for a
successful Easter Egg Hunt at Centennial Park. Congratulate City of Costa Mesa in
prevailing in a lawsuit a judge upheld its regulations of Sober Living homes to ensure that
they are not over concentrated in residential neighborhoods. Asked City of Attorney to
advise on how Santa Ana can join City of Costa Mesa with an amicus brief or action as
final decision in this case that will and can help Santa Ana with the amount of nuisance
problem that has occurred and unregulated halfway homes and sober living homes.
Wished all a good night.
Councilmember Phan, wished all a good night.
Mayor Pro Tem Bacerra announced community office hours on Saturday May 7, 2022
starting at 10 am at All Access Park at Thornton Park. Requested a monthly update on
Orange County Transportation Authority (OCTA) progress and spoke on his personal
interactions with Michael Macres. Lastly, wished all a good night.
Mayor Sarmiento commented on how current council has been discussing historic and
important items over past couple of years and does not want it to go unnoticed. Lastly,
spoke on Michael Macres and adjourned meeting.
ADJOURNMENT —Adjourn the City Council meeting.
Adjourn in memory of Michael Macres.
City Council 22 4/19/2022
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday, April 20,
2022 at 1:22 p.m.
City Council 23 4/19/2022