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Home My WebLink About2021-02-16 RegularFinal Minutes of the Regular Meeting of the City Council City of Santa Ana. California February 16, 2021 Virtual Meeting Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there was no in -person meeting location for the community to attend public meetings. CALL TO ORDER ATTENDANCE CLOSED SESSION Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tern David Penaloza Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:05 p.m. Clerk of the Council conducted roll call. All councilmembers were present. PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. City Council 1 2/16/2021 Individuals who would like to comment on an agenda item or make a general comment regarding 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 as noticed for Special meetings, to eComment(a)santa-ana.orc. Comments received after the cut-off time will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY. Zoom Webinar: Please click on or type the following address into your web browser https://us02web.zoom.us/m/316966149 V;] Conference Call: Dial (669) 900-9128 and enter MEETING ID: 316 966 149# when prompted. The public can begin joining the speaker queue at 4:30 p.m., or 30 minutes prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. After the Clerk confirms 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 not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. To watch the meeting without participating via these remote options: • YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary • Channel CTV3, available on Spectrum channel 3 and AT&T LI-verse channel 99 About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball >) or download a pdf (the cloud symbol with the down arrow ). 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. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): City Council 2 2/16/2021 Agency Negotiator: City Manager Kristine Ridge Employee Organization: Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Santa Ana Citizens for Responsible Development v. City of Santa Ana, et al.. Orange County Superior Court Case No. 30-2019-01119794-CU-WM-CXC MINUTES: Coucilmember Phan recused herself from closed session Item 2, due to a conflict of interest. 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. 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: Council recessed meeting to consider items listed on the Closed Session for discussion at 5:10 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 3 2/16/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:54 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Session meeting to order at 6:56 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE INVOCATION Mayor Sarmiento Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Oath of Office (video) administered to Robyn MacNair, Arts and Culture Commission as the Ward 4 representative — Councilmember Bacerra 2. Oath of Office (video) administered to Isuri S. Ramos, Planning Commission as the Ward 3 representative — Councilmember Lopez 3. Oath of Office (video) administered to Irlanda Martinez, Community Development Commission as the Ward 3 representative — Councilmember Lopez 4. Oath of Office (video) administered to Ray Diaz, Youth Commission as the Ward 5 representative — Councilmember Hernandez 5. Certificate of Recognition presented by Mayor Pro Tern Penaloza to the Santa Ana CARES Team for Outstanding Contributions to the Community. STAFF PRESENTATIONS 6. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a COVID-19 update on: • Partnership with UCI to conduct antibody (serology) testing • Vaccinations (eligibility and appointment) and • Testing efforts for Santa Ana residents City Council 4 2/16/2021 Chief David Valentin provided an update regarding community social distancing enforcement and education. Staff presented the Protect Santa Ana video. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that Council provided direction to staff and there was no reportable action. Councilmember Phan reported out her recusal to Item 2, due to a conflict of interest. PUBLIC COMMENTS: • Clerk of the Council Daisy Gomez reported out on correspondence received. • Gary Clifford with Athens Services spoke regarding Item 20. • Andrew Blankenship spoke regarding an order to vacate 316 W. Fourth Street. • Sandra spoke regarding the order to vacate 316 W. Fourth Street. • Elizabeth Ramirez, Director of Government Affairs with Athens Services, spoke regarding Item 20. • Mike with Republic Services spoke regarding Item 20. • Dale Helvig spoke in support of Item 21, expressed concern with State Senate Bill 9 and 10 that deal with zoning changes as it pertains to four-plex and eight-plex units, and expressed appreciation for the continued work on addressing COVID. • Sheena Innocente expressed concern regarding 316 W. Fourth Street and the need for affordable housing. • Jim Smith, Political Coordinator with Teamsters Local 396, spoke regarding Item 20. • Vic Mendez spoke regarding the order to vacate 316 W. Fourth Street and expressed concern with Item 18. • Alex Molinedo spoke regarding the order to vacate 316 W. Fourth Street. • Perla Dionicio spoke regarding the order to vacate 316 W. Fourth Street. • Albert Christy spoke in support of Item 21 and the need for safety. • Robert Podlesni spoke in opposition to CR&R being selected as the solid waste provider, Item 20. . Jose Del Leon spoke in support of Athens Services, Item 20. • Nathaniel Greensides spoke in support of the tenants of 316 W. Fourth Street. • Mike Silva, Vice President of CR&R, spoke in support of staff recommendation City Council 5 2/16/2021 regarding Item 20. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 18. 7. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 8. Minutes from the special meeting of January 7, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 9. Minutes from the special meeting of January 12, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 10. Appoint various boards and commissions members nominated by Mayor Sarmiento as the Mayoral representatives for a full term expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Richard Santana — Community Development Commission 2. Gabriela Hernandez — Personnel Board 3. Eric Alderete — Planning Commission 4. Joese Hernandez — Arts and Culture Commission 5. Andres Ramirez — Parks, Recreation and Community Services Commission — Pursuant to Senate Bill 225 6. Timothy Johnson — Santa Ana 2018 Measure X Citizen Oversight Committee 11. Approve the first amendment to the agreement with Shamrock Supply Company, Inc. to modify the scope of services to provide Central Stores non -inventory items under the existing terms of the agreement and allocate the annual amount of $50,000 of the total annual agreement amount of $750,000 for that purpose Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Shamrock Supply Company, Inc. to modify the agreement to allow for the purchase of non -inventory items and allocate the annual amount of City Council 6 2/16/2021 $50,000 of the total annual agreement amount of $750,000 for that purpose, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-019 was approved. 12. Award a blanket purchase order contract for zoo commissary produce to Sysco Los Angeles in an annual amount of $30,000 for up to four years with a total amount not to exceed $120,000, to be funded by the General Fund. (Specification No. 20-155) Department(s): Parks, Recreation, and Community Services Recommended Action: Award a blanket purchase order contract to Sysco Los Angeles for the purchase of zoo commissary produce for an annual amount of $30,000 for the period March 1, 2021 to February 28, 2022, with three, one-year renewal options for a total amount not to exceed $120,000 and any unspent and encumbered balance carried forward into subsequent fiscal years during the term of the agreement, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Approve a Purchase Order Contract Amendment to Increase the Aggregate Amount Allocated to the Public Works Agency by $163,808 for a Total Aggregate Amount Not to Exceed $1,777,548, for Office Furniture, Installation, and Related Services With the Established City Vendors (Specification No. 19-114) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a contract amendment to increase the aggregate amount allocated to the Public Works Agency by $163,808, for a new total aggregate amount not to exceed $1,777,548, for office furniture, installation, and related services with the established City vendors, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Receive and File Quarterly Report of Contracts COVID-19 and Non-COVID-19 related up to $50,000 for Non -Public Works and up to $250,000 for Public Works authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts (COVID-19 and non-COVID-19-related) entered into between October 1, 2020 to December 31, 2020, valued at up to $50,000 for non-public works contracts and agreements, up to $250,000 for public works contracts and agreements and contracts and agreements related to COVID-19. 15. Award a purchase order in the amount of $129,400 to Galls, LLC for replacement of City Council 7 2/16/2021 35 body armor protective vests for the Police Department (Specification No. 21-003) Department(s): Police Department Recommended Action: Award a Purchase Order to Galls, LLC for protective vests for the Police Department in the amount of $129,400, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Approve agreement amendment with Axon Enterprise, Inc. To provide additional body worn cameras and related equipment for the Santa Ana Police Department in the amount of $80,624.29 (Non -General Fund, General Fund) Department(s): Police Department Recommended Action: Approve an agreement amendment with Axon Enterprise, Inc. for additional Body Worn Cameras, related equipment, and operating licenses for the Santa Ana Police Department for the period of April 1, 2021 through June 30, 2022, in the amount $80,624.29, and amending the term end date to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-020 was approved. 17. Appropriate $9.8 Million of Federal Emergency Rental Assistance Program Money Allocated from the Department of Treasury and Approve the Proposed Spending Plan (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment recognizing an allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $9,880,391.30 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) 2. Approve the proposed Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 3. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Lopez to approve. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 City Council 8 2/16/2021 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass MINUTES: Judson Brown, Community Development Agency Housing Services Manager, addressed council regarding assistance with the application process, noted the program will be relaunched on March 1, 2021, and shared that theiris on- going application process improvement. This consent Item - Agreement No. 2021-021 was approved. 18. Approve Agreement with Stradling Yocca Carson & Rauth for Pension Debt Refinancing Bond Counsel, Disclosure Counsel and Court Validation Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Stradling Yocca Carson & Rauth for legal services related to pension debt refinancing, for an amount not to exceed $154,500 including a contingency of $35,000 for the period February 16, 2021 through August 16, 2022 with an option to extend for up to one year subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-022 was approved. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar items with the exception of item 17.. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 19. Receive and File Fiscal Year 2020-2021 Mid -Year Budget Update and Approve Mid - Year Appropriation Adjustments (General Fund and Non -General Fund) Department(s): Finance and Management Services Recommended Action: 1. Receive and file Fiscal Year 2020-2021 (FY20-21) Mid - City Council 9 2/16/2021 Year Budget Update, including revised revenue estimates. 2. Approve the recommended Mid -Year Appropriation Adjustments. (Exhibit 2) MINUTES: • City Manager Kristine Ridge introduced Item 20. • Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. • Councilmember Lopez requested Measure X and Bradly Burns fund be separated on future reports. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez to approve. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0 — Pass 20. Authorize Negotiations With Solid Waste Services Proposers (No Fiscal Impact) Department(s): Public Works Agency Recommended Action: Authorize the City Manager or designee to negotiate solid waste services agreements with the top three proposers, CR&R, Waste Management, and Athens Services, and return with a final recommendation for Council consideration upon completion of negotiations. MINUTES: City Manager Kristine Ridge provided a brief presentation. Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Approve with amended motion to include a fourth vendor and disclosure of labor practice from all vendors. Council supports and provided direction to City staff. Moved by Mayor Pro Tern Penaloza, seconded by Mayor Sarmiento to approve as amended to include a fourth vendor and disclosure of labor practice from all vendors.. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 City Council 10 2/16/2021 Status: 7-0-0-0 — Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 21. Discuss and consider directing City Manager to direct staff to research and bring to the City Council within 60 days an ordinance creating minimum security staffing standards for commercial shopping centers — Councilmember Bacerra MINUTES: Council provided direction to City staff. CITY MANAGER COMMENTS MINUTES: • City Manager noted the council received the Police Department's year-end report. • Announced Jason Motsick is a new Human Resources Director. • Noted owner of building located at 316 W Fourth Street is required to provide relocation benefits for tenants that are being displaced and city staff will be assisting. • Lastly, provided a brief presentation on Permit Parking. COUNCIL COMMENTS MINUTES: Councilmember Bacerra spoke in regards to expanding broadband service. Encouraged community to use MySantaAna app. Councilmember Hernandez spoke in regards to the mismanagement by the owner of the property located at 316 W. Fourth St. and encouraged all to practice protective measures. Councilmember Lopez encouraged all to practice protective measures and noted that she can be reached at JessieLopez@santa-ana.org. Councilmember Mendoza provide Orange County Water District updates and asked that the respective minutes, https://www.ocwd.com, be incorporated as part of the Council minutes. Requested to adjourn the Council Meeting on behalf former Orange County Sherif Sandra Hutchinson. Councilmember Phan encouraged all to wear two masks at all times and wished all a happy lent leading into Easter. Mayor Pro Tem Penaloza noted tomorrow is the beginning of lent and the opportunity to reflect. Mayor Sarmiento thanked staff for the presentations, spoke regarding the availability of vaccines, add Protect Santa Ana signage at vaccine and test sites, and spoke on the City Council 11 2/16/2021 homeless encampment solution that will allow for service providers to assist. ADJOURNMENT —Adjourn the City Council meeting. Future Items 1. Amendment to Ordinance No. NS-2992 to be compliant with SB 225 2. Carnegie Homeless Shelter — Lease 3. Carnegie Homeless Shelter — Operator Agreement 4. Hero's Pay Ordinance MINUTES: Mayor Sarmiento adjourned the City Council meeting at 10:22 p.m. in memory of Ex -Sheriff Sandra Huntchinson. City Council 12 2/16/2021