HomeMy WebLinkAbout2021-09-21 Regular and SpecialFinal Minutes of the Regular Meeting of the City
Council
City of Santa Ana, California
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September 21, 2021
SPECIAL CLOSED SESSION MEETING - 4:00 pm
REGULAR OPEN MEETING - 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana. CA 92701
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
David Penaloza
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at
4:12 p.m.
Clerk of the Council conducted roll call. All councilmembers were present. Councilmember
Phan joined the Open Regular Session meeting at 4:25 p.m.
City Council 1 9/21/2021
PUBLIC COMMENTS — Members of the public may address the City Council on Closed
Session items.
MINUTES: Tim Johnson requested a status update on Items 3C - 3E.
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 NEGOTIATORS Pursuant to Government Code Section
54957.6
Agency designated representative: Human Resources Director
Unrepresented employee: Clerk of the Council, City Attorney and City Manager
3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Timothy Espinoza v City of Santa Ana, et al., United States District Court, Case No.
8:19-CV-012 77-J LS-AG R
B. Saul Miranda v City of Santa Ana, et al., United States District Court, Case No. 8:21-
CV-00007-JVS-DFM
C. City of Santa Ana v. County of Orange, et al, United States District Court Case No.
SA CV 20-0069-DOC (DFMx)
D. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 18-0155-DOC (KESx)
E. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court
(Central District of California), Case No. SA CV 18-0155-DOC (KESx)
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 Special Closed
Session for discussion at 4:16 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
City Council 2 9/21/2021
MINUTES: Mayor Sarmiento adjourned Special Closed Session meeting at 6:29 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 6:33
p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
Mayor Sarmiento announced that item 33 will be taken out of order.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
INVOCATION David Jaimes
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Councilmember Lopez declaring October 3rd through
October 9th, 2021 as Fire Prevention Week.
2. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga
for Outstanding Contributions to the Community.
MINUTES: Item 2 has been moved to the October 19, 2021 council meeting.
3. Proclamation presented by Councilmember Phan declaring September 21 st, 2021 as
Tet Trung Thu (Vietnamese Mid -Autumn Festival).
STAFF PRESENTATIONS
4. COVID-19 Update in the Community.
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
5. City of Santa Ana -Orange County Water District PFAS Presentation — Public Works
Agency
MINUTES: Executive Director of Public Works Agency Nabil Saba and General
Manger from Orange County Water District Michael Markus provided a brief
presentation.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.
City Council 3 9/21/2021
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
Non -Agenda Ecomment
MINUTES: Silvia and Ramiro Flores spoke regarding delays for a response from the
Planning and Building Agency.
Clay Hage, representing Park Management Inc., spoke in opposition to Rent Control and
Just Cause Eviction, Item 33.
Norm Sorensen spoke in opposition to Item 33.
Susie Winocur spoke in opposition to Item 33.
Sal Ortiz spoke in opposition to Item 33.
William Stauffer spoke in opposition to Item 33.
John Raya, founder of TKO Boxing, spoke in support of Item 23.
Mary Lara spoke in support of Item 23.
Victor Cao, Senior Vice President, Local Public Affairs at California Apartment
Association, spoke in opposition to Item 33.
Julie Paulo spoke in opposition to Item 33.
James Joffe spoke in opposition to Item 33.
Richard Julian spoke in opposition to Item 33.
Vicki Talley spoke in opposition to Item 33.
Camille Hardy spoke in opposition to Item 33.
Jeannie Hughes -Lopez, Regional Director at Advanced Management Company, spoke in
opposition to Item 33.
Amy Fylling, Regional Director at Advanced Management Company, spoke in opposition
to Item 33.
Dale Helvig expressed concern with the process of Item 33.
Ugochi Nicholson spoke in support of Item 33.
City Council 4 9/21/2021
Greg O-Hagan, representing Rutherford Investments, spoke in opposition to Item 33.
Chad Kroger spoke regarding "shmalls" and sending it to Catalina Island.
JT Parr spoke regarding "shmalls" tax breaks.
Steven Corona, Regional Director of Advanced Management Company, spoke in
opposition to Item 33.
Michael Brown spoke in opposition to Item 33.
Eva Raleigh spoke in opposition to Item 33.
Cecilia Rivas spoke in support of Item 33.
Joe Banuelos spoke in opposition to Item 33.
Chip A/sweed spoke in opposition to Item 33.
Item 8 taken at this time to consider the appointment of Manuel Ruelas as the Ward 6
Representative to the Youth Commission.
Chad Casenhiser spoke in opposition to Item 33.
David Jaimes spoke in support of Item 33.
Bulmaro Vicente spoke in support of Item 33.
Hector B. spoke in support of Item 33.
Nathaniel Greensides spoke in support of Item 33.
Biff Baker, representing Orange County Congregation Community Organization (OCCCO),
spoke in support of Item 29 to be extended to February and in support of Item 33.
Maria Estela Valencia spoke on Item 29, request to extend process and spoke in support
on Item 33.
Veronica Garcia spoke in support of Item 33.
City Council 5 9/21/2021
Vanessa Gonzales spoke in support of Item 33.
Irma Jauregui spoke in opposition to Item 33 and the importance of finding solutions to
increase income.
Fatima Paque representative with OCCCO spoke in support of Item 33.
Yoselinda Mendoza spoke in support of Item 33.
Cao Tran spoke in support of Item 33.
Isabel Lopez spoke in support of Item 33.
Cao Tran spoke in support of Item 33.
Le Hoang spoke in support of Item 33.
Isabel Lopez spoke in support of Item 33
Huong Luong spoke in support of Item 33
Phuc Mai spoke in support of Item 33.
Hung Phung and Linda Nguyen spoke in support of Item 33.
Nguyen Cong and Nga Le spoke in support of Item 33.
Kim Lan spoke in support of Item 33
Mai Nguyen and Hoa Tran spoke in support of Item 33.
Susan Tran spoke in support of Item 33
Kayleigh Levitt spoke in support of Item 33.
Eric Gonzales spoke in support of Item 33.
Ardocia Sa/as spoke in support of Item 33.
Victor Mendez provided suggestions regarding Items 9, 30, 31 and in support of Item 33.
Christine Chachter, Pacific West Association Realtors, spoke in opposition of Item 33.
Alondra Salazar spoke in support in support of Item 33
City Council 6 9/21/2021
Tim Shaw, representing PWR, spoke in opposition to Item 33.
Sarai Arpero spoke in support of Item 33.
Joshua Gonzalez spoke in support of Item 33.
Alejandra Luciano spoke in support of Item 33.
Olivia Arzate spoke regarding an incident that occurred a month ago and
requested assistance.
Maria Ceja spoke in support of Item 33.
Daisy Cruz spoke in support of Item 33.
David Gonzales spoke in support of Item 33.
Angela Tulio spoke in support of Item 33.
David Carbajal spoke in support of Item 33.
Valeria Esqueda spoke in support of Item 33.
Elsa Ayala spoke in support of Item 33.
Tracy Long spoke in support of Item 33.
Esperanza Corona de Rosas spoke in support of Item 33.
Silvia Avendano, tenant counselor, spoke in support of Item 33.
Gema Suarez, Community Organizing Coordinator with El Central Cultural de Mexico,
spoke in support of Item 33.
Sergio Corona spoke in support of Item 33.
Jose Hernandez spoke in support of Item 33.
Rosa M. Pizano spoke in support of Item 33.
Cesar Medina spoke in support of Item 33.
Jesus Santana spoke on Item 33.
City Council 7 9/21/2021
Mireya spoke in support of Item 33.
Natalie Ceja spoke in support of Item 33.
Silvia Hernandez spoke in support of Item 33.
Lola Gonzales spoke in support of Item 33.
Manuel Escamilla spoke in support of Item 33.
Ethan Gonzales spoke in support of Item 33.
Bob Holt -Claw spoke regarding Transportation Corridor Agency and requested that Santa
Ana not be a representative.
Adam Wood spoke in opposition of Item 33.
Izuri Ramos spoke in support of Item 33.
Media Arts Santa Ana made announcements regarding Santa Ana Arts Programs and
spoke in support of Item 33.
Nathan Taft spoke in support of Item 33.
Kevin Dare spoke in opposition to Item 33.
Cynthia spoke in support of Item 33.
Vanessa T. spoke in opposition of Item 33.
Benjamin Vasquez, representing El Centro Cultural de Mexico and a teacher at Valley
High School, spoke in support of Item 33.
Bryan J. Peraza spoke in support of Item 33.
Karla Juarez spoke in support of Item 33.
Luis Sarmiento, representing THRIVE Santa Ana, spoke in support of Item 33.
Anabel Parra, tenant counselor, spoke in support of Item 33.
Dylan Thompson spoke in support of Item 33.
Kim To spoke in support of Item 33.
City Council 8 9/21/2021
Clerk of the Council Daisy Gomez reported out on correspondence received.
Item 33 was taken out of order and heard at this time, after public comments.
Consent Calendar items were heard after Item 33.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 28.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of June 15, 2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Manuel Ruelas Nominated by Councilmember Mendoza as the Ward 6
Representative to the Youth Commission for a Partial -Term Expiring December 13,
2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Manuel Ruelas to the Youth Commission
representing Ward 6 and administer Oath of Office.
MINUTES: Item 8 considered out of order during public comments.
Clerk of the Council Daisy Gomez administered the oath of office to Manuel Ruelas,
Youth Commissioner.
Moved by Councilmember Phan, seconded by Councilmember Bacerra to
appoint.
YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez,
Councilmember, — Mendoza, Councilmember, — Phan, Councilmember, — Penaloza,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
City Council 9 9/21/2021
Status: 7-0-0-0— Pass
9. Pension Debt Refinancing Update
Department(s): Finance and Management Services
Recommended Action: Receive and file.
10. Receive and File Certification of Approval by City Engineer of Final Tract Map 2017-
03 (905 East Second Street; 910, 927, 928, 1000 East Third Street; and 1026 East
Fourth Street) (Applicant and Owner: KB Coastal Home Coastal, Inc)
Department(s): Public Works Agency
Recommended Action: Receive and file certification of approval by City Engineer of
final Tract Map 2017-03.
MINUTES: Councilmember Phan recused herself from Item 10 due to a conflict of
interest with employer.
11. Award Contracts for Fencing Construction, Maintenance and Repairs in the
Aggregate Annual Amount of $150,000 for a One-year Term with Three, One-year
Renewal Options (Specification No. 21-083) (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Award purchase order contracts with Econo Fence,
Hillsborough Fence, and J & A Fence for fencing construction, maintenance, and
repairs for a one- year period from October 1, 2021 to September 30, 2022, with
provisions for three, one-year renewals exercisable by the City Manager, in an
aggregate annual amount not to exceed $150,000 (total not to exceed $600,000 over
four years), subject to non -substantive changes approved by the City Manager and
City Attorney.
12. Award a Construction Contract to Build Spectrum, Inc. in the Amount of $1,408,575,
for the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year
2021-22 Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend
the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21-
7534, 21-7535) (Non -General Fund) (Revive Santa Ana Program)
Continued from the September 21, 2021 and October 5, 2021 City Council Meetings.
Department(s): Public Works Agency and Parks, Recreation, and Community
Services
Recommended Action: 1. Award a construction contract to Build Spectrum, Inc.,
the lowest responsible bidder, in accordance with the base bid in the amount of
$1,408,575, for construction of the Campesino Park, Memorial Park, and Madison
Park Restroom Projects, for the term beginning September 21, 2021, 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
City Council 10 9/21/2021
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for
contract administration, inspection and testing, and a $140,353 project contingency
for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to add the Campesino Park, Memorial Park, and Madison Park Restroom
Projects, for the total amount of $1,731,072, which includes $1,640,000 in
construction funds and an additional $91,072 for preliminary design engineering.
MINUTES: Item 12 was continued to the October 5, 2021 City Council meeting
under the Business Calendar.
13. Amend Purchase Order Contract with Hardy & Harper, Inc. to Increase the Annual
Amount by $450,000 for Asphalt Street Maintenance (Specification No. 18-084) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with Hardy & Harper, Inc. for asphalt street maintenance to
increase the annual amount by $450,000, for a total annual amount not to exceed
$1,440,000, for the remaining term of the agreement ending on December 3, 2021,
plus two optional renewal options exercisable by the City Manager and City Attorney,
subject to non -substantive changes approved by the City Manager and City Attorney.
14. Award a Contract to American Sanitary Supply, Inc. for Paper Products in an Amount
Not to Exceed $420,000 Over a Four -Year Period (Specification No. 21-043)
(General Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract to American Sanitary
Supply, Inc. for paper products and janitorial supplies for the Santa Ana Jail in an
annual amount not to exceed $105,000, for a one-year period expiring September 30,
2022, with provisions for three, one-year renewal periods exercisable by the City
Manager, for a total four-year contract amount of $420,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
15. Award a Contract with Ocean Blue Environmental Services, Inc. in an Annual Amount
Not to Exceed $90,000 for up to a Five -Year Term (Specification No. 21-085)
(General Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract with Ocean Blue
Environmental Services, Inc., for bio-hazard crime scene cleanup and jail
decontamination services for a two-year period expiring September 20, 2023, with
provisions for three one-year renewal options exercisable by the City Manager, in an
City Council 11 9/21/2021
annual not to exceed amount of $90,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
16. Award Contract with Motorola Solutions, Inc. for Motorola 800 MHz Communications
System Equipment in the Amount of $224,846 (Specification No. 21-092) (General
and Non -General Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract with Motorola Solutions, Inc.
for Motorola 800 MHZ communications system equipment for a one-year period
expiring September 20, 2022, in the amount $200,000 for the Police Department and
$24,846 for the Planning and Building Agency, for a total amount not to exceed
$224,846, subject to non -substantive changes approved by the City Manager and City
Attorney.
17. Approve Amendment to Agreement with NaphCare, Inc. to Provide Inmate Medical
Services for the Santa Ana Jail in the Amount of $2,854,746.87 (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a one-year
agreement amendment with NaphCare, Inc. to provide basic and emergency inmate
health care services for the Santa Ana Jail for the period of October 1, 2021 through
September 30, 2022 in the amount of $2,854,746.87, including a $200,000
contingency, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-184 was approved.
18. Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and
Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency
Preparedness and "if You See Something, Say Something" Public Awareness
Campaigns
Continued from the September 21, 2021 City Council Meeting.
Department(s): Police Department
Recommended Action: Authorize the City Manager to enter into an agreement with
Barrios & Associates, LLC, dba Communications LAB. for the period of September
21, 2021 through June 30, 2024, with two one-year options for renewal, to continue
the Ready OC Emergency Preparedness Campaign and the "If You See Something,
Say Something TM" Public Awareness Campaign, for a total five-year amount not to
exceed $1,150,000, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2021-XXX).
MINUTES: Item 18 was continued to the October 5. 2021 City Council meeting
under the Business Calendar.
19. Approve an Appropriation Adjustment to Recognize and Appropriate Grant Revenue
City Council 12 9/21/2021
from the Shuttered Venue Operators Grant Program (Non -General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Approve an appropriation adjustment (2022-031) to
recognize $689,120.19 in grant revenue from the Small Business Administration,
Shuttered Venue Operators Grant Program and appropriate $689,120.19 into the
corresponding expenditure accounts (Miscellaneous Grants Fund) for losses the
Santa Ana Zoo at Prentice Park incurred during the COVID-19 pandemic. (Requires
five affirmative votes)
20. Approve an Appropriation Adjustment and Award a Construction Contract to CEM
Construction in the Amount of $2,776,406 for the Raitt and Myrtle Park Fiscal Year
2021-22 Project with an Estimated Project Delivery Cost of $3,410,928 (Project Nos.
16-7566, 20-2730 & 22-6621) (Non -General Fund)
Department(s): Public Works Agency and Parks, Recreation, and Community
Services
Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22
Capital Improvement Program to include $114,023.44 in construction funding from the
Cannabis Public Benefit Funds, for the Raitt and Myrtle Park Project.
2. Approve an appropriation adjustment (2022-035) to recognize $1,670,000 in
Proposition 1 Integrated Regional Water Management (IRWM) grant funding from the
State of California Department of Water Resources into the Public Works -Water
Quality & Control, State Grant -Direct revenue account and appropriate the same
amount into the Prop 1 IRWM Program, Improvements Other Than Building
expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to include $1,670,000 in construction funding from the Proposition 1 IRWM
grant funds for the Raitt and Myrtle Park Project.
4. Authorize the City Manager to execute a Proposition 1 IRWM Grant Funding
Agreement with the Santa Ana Watershed Project Authority (SAWPA) beginning
September 21, 2021, and expiring three years after final payment, exercisable by the
City Manager and City Attorney, for a total disbursement amount not to exceed
$1,670,000, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2021-XXX).
5. Reject Bid Protest and award a construction contract to CEM Construction, the
lowest responsible bidder, in accordance with the base bid in the amount of
$2,776,406, for construction of the Raitt and Myrtle Park FY 2021-22 Project, for the
term beginning October 11, 2021, 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.
6. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $3,410,928, which includes $2,776,406 for the construction contract, $277,640 for
contract administration, inspection and testing, $45,000 Grant Administration &
City Council 13 9/21/2021
Consultant Services, and a $311,882 project contingency for unanticipated or
unforeseen work.
MINUTES: This consent Item - Agreement No. 2021-185 was approved.
21. Approve Appropriation Adjustments and Amendments to the FY 2021-22 Capital
Improvement Program to Increase Project Contingencies and Construction Funding
for the South Main Street Corridor Improvements Project, and an Amendment to the
Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by
$200,000 and the Agreement Contingency by $100,000, for a Total Amount not to
Exceed $1,236,924 (Project Nos. 18-6911, 20-6958, 21-6451, 21-6461) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022-033) to
recognize $275,000 of prior year fund balance in the Sanitary Sewer Fund, Capital
Recovery Charges, Prior Year Carryforward revenue account and appropriate the
same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements
Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from
prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year
Carryforward and appropriate the same amount to the Acquisition & Construction,
Water Utility Capital Projects, Water Capital Project expenditure account. (Requires
five affirmative votes)
3. Approve an appropriation adjustment (2022-033) to recognize $1,500,000 from
prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward
revenue account, transferring the funds to the Select Street Construction revenue
account, and appropriating the same amount to the Select Street Construction, HUTA
2103 Gas Tax, Improvements Other Than Building expenditure account. (Requires
five affirmative votes)
4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to include $275,000 in construction funds for the South Main Street Sewer
Improvements Project (Project No. 21-6451).
5. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to include $1,500,000 in construction funds for South Main Street Water
Improvements Project (Project No. 21-6461).
6. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to include $750,000 in construction funds for Main Street Rehabilitation from
Edinger Avenue to First Street (Project No. 18-6911).
7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement
Program to include $750,000 in construction funds for Main Street Rehabilitation from
Warner Avenue to Edinger Avenue (Project No. 20-6958).
8. Authorize the City Manager to execute an amendment to the agreement with
City Council 14 9/21/2021
Butier Engineering, Inc. for construction engineering services to increase the
agreement amount by $200,000 and the contingency by $100,000, for a total
agreement amount of $1,236,924, subject to non -substantive changes approved by
the City Manager and the City Attorney (Agreement No. 2021-XXX).
9. Approve an amendment to the Project Cost Analysis in the amount of $3,275,000
for $1,630,000 in additional contingency funds, $1,500,000 in street light
contingencies, and $145,000 in additional contract administration, inspection and
testing for a new estimated total construction delivery cost of $21,584,245. The new
estimated total construction delivery costs include $12,759,695 for the construction
contract, $1,899,050 for contract administration, inspection and testing, and a
$6,925,500 project contingency for unanticipated or unforeseen work, subject to non -
substantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item - Agreement No. 2021-186 was approved.
22. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year
2020-21 to Fiscal Year 2021-22
Department(s): Finance and Management Services
Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY
2020-21 budget for unspent amounts to be carried over to FY 2021-22. (Requires five
affirmative votes)
2. Approve an Appropriation Adjustment to increase the FY 2021-22 budget for
amounts carried forward from FY 2020-21. (Requires five affirmative votes)
23. Approve a Facility Use Agreement with TKO Youth Foundation for Use of a Portion of
the Fitness Room at Jerome Community Center for Boxing Programs
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute a facility use
agreement with TKO Youth Foundation for use of a portion of the fitness room at
Jerome Community Center for boxing programs, for a term beginning September 21,
2021 and ending September 30, 2023, for a monthly fee payable to the City starting
September 1, 2022 through September 30, 2023, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-187 was approved.
24. Approve a Cooperative Agreement with the City of Orange and Partnering Cities for
the Tustin Avenue Corridor Traffic Signal Synchronization Project in an Amount Not to
Exceed $89,305 for the Term Effective Until December 31, 2026 (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Cooperative
Agreement with the cities of Orange, Anaheim, Placentia, Tustin, and Yorba Linda,
which identifies each city's roles and responsibilities, including Santa Ana's match
requirement of $89,305, to implement the Tustin Avenue Corridor Traffic Signal
City Council 15 9/21/2021
Synchronization Project, for the term beginning upon full approval of the agreement by
all parties and effective until December 31, 2026, with an option for up to two, one-
year extensions, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. 2021-XXX).
MINUTES: Councilmember Phan recused herself from Item 24 due to a conflict of
interest with employer.
This consent Item - Agreement No. 2021-188 was approved.
25. Authorize a Purchase Agreement in the Amount of $7,200 for Partial Real Property
Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Gates
Warner, LLC) (Project No. 18-6901) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase
agreement with property owner Gates Warner, LLC, a California limited liability
company, for the partial property acquisition and goodwill (if any) for the real property
located at 1301 E. Warner Avenue (APN 014-281-19) in the amount of $7,200,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
MINUTES: Councilmember Phan recused herself from Item 25 due to a conflict of
interest with employer.
This consent Item - Agreement No. 2021-189 was approved.
26. Approve Amendments to Agreements with Palp, Inc., dba Excel Paving, Big Ben
Engineering, TE Roberts, and Paulus Engineering, Inc. to Increase the Shared
Agreement Amount by $1,600,000, for a Total Amount not to Exceed $2,500,000 for
Miscellaneous Projects
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreement
amendments for on -call construction services with Palp, Inc. dba Excel Paving, Big
Ben Engineering, TE Roberts, and Paulus Engineering, Inc. to increase shared
agreement amount by $1,600,000, for a total agreement amount not to exceed
$2,500,000, subject to non -substantive changes approved by the City Manager and
the City Attorney (Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-190 was approved.
27. Approve a Substantive Change to the Facilities Use Agreement with Training and
Research Foundation to Modify Indemnification Language in the Agreement
Department(s): Parks, Recreation, and Community Services
Recommended Action: Approve a substantive change to the facilities use
City Council 16 9/21/2021
agreement with Training and Research Foundation that was approved on August 17,
2021 to modify indemnification language in the agreement in order to operate
childcare centers at Corbin Community Center and El Salvador Community Center
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-191 was approved.
28. Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07
for the Hampton Inn Hotel Project to be Located at 2129 North Main Street
Continued from the September 21, 2021 City Council Meeting.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021-XXX — Adopt a resolution approving a
second one-year extension of Conditional Use Permit No. 2017-29 and Variance No.
2017-07 to August 20, 2022.
MINUTES: Item 28 was continued to the October 5, 2021 City Council meeting
under the Business Calendar.
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to
approve Consent Calendar Items 6 — 28 with the exception of 8, 12, 18, and 28. Items
12, 18, and 28 were continued to the Business Calendar of the October 5, 2021 City
Council meeting. Councilmember Phan recused herself from Items 10, 24, 25, and 28
due to a conflict of interest with employer. Mayor Pro Tern Penaloza requested
that items regarding awarding contracts include project location details.
YES: 7 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez, Councilmember,
— Mendoza, Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, —
Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0-0-0— Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
29. Adopt a Resolution Declaring Intent to Change the Ward Boundaries and Consider
the Timeline for the Redistricting Process
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2021-XXX — Adopt a resolution declaring
the City's intention to consider changes to boundary lines of Wards and fixing the time
City Council 17 9/21/2021
and place of said Hearings to be held on October 5, October 19, November 2,
November 16, and December 7, 2021 at 7:00 p.m. at each hearing.
MINUTES: Clerk of the Council Daisy Gomez provided a brief presentation.
Sofia, representing Redistricting Partners, provided an overview of the timeline of
the public hearing and community outreach meetings.
This Business Item- Resolution No. 2021-053 was approved.
Moved by Councilmember Bacerra, seconded by Councilmember Hernandez
to approve as amended to move the November 6, 2021 public input workshop
date to October 30, 2021.
YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
30. Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra -
help Classification of Homeless Services Division Manager- Retired Annuitant and ii)
Appointing Kenneth Gominsky Jr. into the Classification of "Homeless Services
Division Manager - Retired Annuitant' at the Rate of $84.47 per Hour
Continued from the September 21, 2021 City Council Meeting.
Department(s): Human Resources
Recommended Action: Adopt two resolutions:
i) Resolution No. 2021-XXX—amending Resolution No. 2015-026 establishing an
extra -help classification of Homeless Services Division Manager - Retired Annuitant
and
ii) Resolution No. 2021-XXX— appointing Kenneth Gominsky Jr. into the
classification of "Homeless Services Division Manager- Retired Annuitant' at the rate
of $84.47 per hour.
MINUTES: Item 30 was continued to the October 5, 2021 City Council meeting.
31. Establish and Appoint Two to Three Members of the City Council to the Police
Oversight Ad Hoc Committee
Continued from the September 21, 2021 City Council Meeting.
Department(s): City Manager Office
Recommended Action: It is recommended that the Mayor establish the Police
Oversight Ad Hoc Committee and appoint two to three members of the City Council to
serve on it.
MINUTES: Item 31 was continued to the October 5, 2021 City Council meeting.
City Council 18 9/21/2021
32. Appoint Two to Three Members of the City Council to the School Collaboration City
Council Subcommittee
Continued from the September 21, 2021 City Council Meeting.
Department(s): City Manager Office
Recommended Action: Appoint two to three Members of the City Council to the
School Collaboration City Council Subcommittee for terms expiring on December 21,
2022.
MINUTES: Item 32 was continued to the October 5, 2021 City Council meeting.
33. Adoption of Rent Stabilization Ordinance and Just Cause Eviction Ordinance
Department(s): Community Development Agency
Recommended Action: Receive direction from the Housing Ad Hoc Committee and
consider the following options:
1. Ordinance No. NS-XXXX — Adopt an urgency rent stabilization ordinance
prohibiting residential real property and mobilehome space rental increases that
exceed three percent (3%) annually, or eighty percent (80%) of the change in
Consumer Price Index, whichever is less, within the City. (Requires five affirmative
votes)
2. Ordinance No. NS-XXXX — Adopt an urgency ordinance requiring just cause
evictions. (Requires five affirmative votes)
3. Resolution No. 2021-XXX—Adopt a Resolution directing further study and
implementation of the additional regulatory framework and infrastructure necessary to
implement residential rent stabilization, just cause eviction, and other protections for
tenants facing housing instability.
4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa
Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a
consultant for the administration, management and implementation of the rent
stabilization ordinance and just cause eviction ordinance, and 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 and manage the
ordinances, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2021-XXX).
ALTERNATIVE OPTION:
1. Approve first reading of a rent stabilization ordinance prohibiting residential real
property and mobilehome space rental increases that exceed three percent (3%)
annually, or eighty percent (80%) of the change in Consumer Price Index, whichever is
less, within the City.
2. Approve first reading of an ordinance requiring just cause evictions.
3. Resolution No. 2021-XXX—Adopt a Resolution directing further study and
City Council 19 9/21/2021
implementation of the additional regulatory framework and infrastructure necessary to
implement residential rent stabilization, just cause eviction, and other protections for
tenants facing housing instability.
4. Authorize the City Manager to reallocate up to $300,000 from the Revive Santa
Ana Plan to create an Eviction Defense Fund by entering into an Agreement with a
consultant for the administration, management and implementation of the rent
stabilization ordinance and just cause eviction ordinance, and 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 and manage the
ordinances, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2021-XXX).
MINUTES: Item 33 was taken out of order and considered after public comments.
Moved by Councilmember Mendoza, seconded by Councilmember Bacerra to
have staff bring back item to full Council as a work study session to include
from comparable size cities that have rent control with the following
information: benefits, consequences, long-term effects, and associated costs
of enforcement, and that staff conduct stakeholder meetings.
Councilmember Lopez moved a substitute motion and was passed.
This Business Item- Resolution No. 2021-054 was approved.
This Business Item - Agreement No. 2021-192 was approved.
Moved by Councilmember Hernandez, seconded by Councilmember Lopez to
approve a substitute motion to approve Alternative Options 1 — 4 with the
following amendments:
From the Rent Stabilization ordinance add to Section 8-1998 — Definition of
Rent. For the purposes of this Division, "Rent" means all periodic payments
and all nonmonetary consideration, including, but not limited to, the fair
market value of goods or services rendered to or for the benefit of the owner
under an agreement concerning the use or occupancy of residential real
property or mobilehome space, including all payment and consideration
demanded or paid for parking, pets, furniture, subletting and security
deposits for damages and cleaning.
From Rent Stabilization and Just Cause Evictions ordinances remove "and a
misdemeanor" from Section 8 — Violations. Modify to the following: The
violation of any provision of this ordinance shall first be punished through the
use of an administrative citation, as provided in Santa Ana Municipal Code
section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as
provided in Santa Ana Municipal Code section 1-8.
City Council 20 9/21/2021
Add to Just Cause Evictions ordinance: A. `Interrupt, terminate, or fail to
provide housing services' in this provision does not include interruptions,
terminations, or failure to provide housing services as a result of
interruptions, outages, or terminations caused by events or actions outside of
the Owner's control, such as utility outages caused by natural disaster.
Further, this provision does not include stoppages, outages, terminations,
and interruptions properly noticed to tenants as required by a signed rental
agreement.
Add to the Just Cause Evictions ordinance: It shall be a defense to a no fault
just cause action for possession of a rental unit under this Division if a person
under the age of 21 is a resident of the subject rental unit, or has a custodial
or family relationship with a tenant in the subject rental unit, and who is
registered and actively attending any level of school during a specified school
term.
Any sale of a mobilehome park shall be considered a change of use pursuant
to Government Code section 65863.7. Accordingly, at least sixty (60) days
prior to the sale of a mobilehome park, the Owner shall provide notice of such
proposed sale to the mobilehome park residents and prepare a report on the
impact of the sale of the mobilehome park, including a replacement and
relocation plan that adequately mitigates the impact upon the ability of any
displaced residents of the mobilehome park to be sold to find adequate
housing in a mobilehome park, as applicable, pursuant to the requirements of
Government Code section 65863.7.
YES: 4 — Hernandez, Lopez, Phan, Sarmiento
NO: 3 — Bacerra, — Mendoza, — Penaloza
ABSTAIN: 0
ABSENT:0
Status: 4-3-0-0 —Pass
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on Public
Hearing items.
34. Public Hearing - Consolidated Annual Performance and Evaluation Report
Legal Notice published in the Orange County Register on September 9, 2021.
Continued from the September 21, 2021 City Council Meeting.
Department(s): Community Development Agency
City Council 21 9/21/2021
Recommended Action: Authorize Submission of the Consolidated Annual
Performance and Evaluation Report to the U.S. Department of Housing and Urban
Development.
MINUTES: Item 34 was continued to the October 5, 2021 City Council meeting.
CITY MANAGER COMMENTS
MINUTES: Assistant City Manager Steven Mendoza provided a brief announcement
regarding per- and polyfluoroalkyl substances (PFAS) meeting held on September 30,
2021 at 6:00 p.m.
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: There were no reportable AB1234 disclosures provided.
MINUTES: Councilmember Bacerra made brief announcements regarding his community
office hours on Saturday, October 2, 2021 at 10:00 a.m. held at the George Upton Hall
Access Park and thanked police officers for safety improvements along the South Bristol
Corridor.
Councilmember Hernandez made brief announcements regarding his community office
hours on Friday from 4:00 p.m. — 6:00 p.m. hold at La Placita Cinco, the Justice for Victoria
Barrios campaign, and thanking residents for their public participation.
Councilmember Lopez made brief announcements regarding a Ward 3 community event
on September 30, 2021 and release of newsletter coming soon.
Councilmember Mendoza made brief announcements regarding water conference and
water updates.
Councilmember Phan made brief announcements regarding the Vietnamese holiday
celebration.
Mayor Pro Tem Penaloza and Mayor Sarmiento wished everyone a good night/morning.
ADJOURNMENT —Adjourn the City Council meeting.
Future Items
1. Enhanced Homeless Outreach Services
2. Mental Health Mobile Outreach Services
3. Sunshine Ordinance Amendments
4. Athletic Field Allocation and Events Policies
City Council 22 9/21/2021
MINUTES: Mayor Sarmiento adjourned the City Council meeting on Wednesday,
September 22, 2021 at 1:57 a.m.
City Council 23 9/21/2021