HomeMy WebLinkAbout2021-11-16 Regular and SpecialMinutes of the Regular and Special Housing
Authority Meeting of the City Council
City of Santa Ana, California
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November 16, 2021
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
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 Closed Session meeting to order at 5:08 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
Closed Session items.
City Council 1 11/16/2021
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:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 20-0069-DOC (DFMx)
B. 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)
C. 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: Mayor Sarmiento recessed the portion of the meeting to consider the Closed
Session item(s) at 5:10 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:02 p.m. and
convened to the Reqular Open Session.
City Council 2 11/16/2021
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at
6:07 p.m.
ROLL CALL
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers
were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Pro Tem Penaloza led the pledge of allegiance.
INVOCATION
Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Council member Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2. Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
MINUTES: Item 3 considered prior to Item 2.
3. Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4. Homeless Update
MINUTES: City Manager Kristine Ridge provided a brief presentation.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: City Attorney Sonia Carvalho announced that there was no reportable action.
City Council 3 11/16/2021
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: Jennifer Daley, Filmmaker from Los Angeles, spoke regarding a reported
injustice done to Jason Wildman.
Jason Wildman spoke regarding his conviction.
Chad Koeger spoke regarding the cliff erosion issue in Santa Barbara.
JT Parr spoke regarding the cliff erosion issue in Santa Barbara.
Oscar Rodriguez, resident of Huntington Beach, requested that Council support the
opposition of the proposed desalination project in Huntington Beach by Poseidon
Resources Corporation.
Vern Nelson, resident of Anaheim, requested that Council support the opposition of the
proposed desalination project in Huntington Beach by Poseidon Resources Corporation.
John Murphy provided an update on Kingspan's current effort in opposing the forming of a
union.
Claire Braeburn, representing America on Track, spoke in support of Item 30.
Cecy Rivera spoke in support of Item 30.
Eder Lopez spoke in support of Item 30.
Hugo spoke in support of Item 30.
Daniela Hernandez spoke in support of Item 30.
Sonia spoke in support of Item 30.
Catalina Iniestra spoke in support of Item 30.
Veronica Garcia spoke in support of Item 30.
Tony Viramontes, Director of Health and Prevention Services at LGBTQ Center Orange
County, spoke in support of Item 30.
Victor Mendez spoke in support of Item 26 and requested to extend services to senior
citizens
City Council 4 11/16/2021
Apolonio Cortez spoke in support of Item 27.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Nicole Turkson, African American Tabacco Control Leadership Council, spoke in support
of Item 30.
Tim Gibbs spoke in support of Item 30.
Lori Bremner spoke in support of Item 30.
Jason Hall, Heart Association of Orange County Board Member, spoke in support of Item
30.
Lynda Barbour spoke in support of Item 30.
Carl Benninger spoke in support of Item 30 and support the opposition of the
proposed desalination project.
Karla Juarez spoke in support of Item 30 and Item 27; spoke regarding the conflicting
information stated by signature gatherers to sign the rent control and just cause
referendum petitions.
Ana Ursua spoke in support of Item 27.
Jaime Rojas spoke in support of modifying the recommended ordinance in Item 30.
Emily Gloria -Parrs spoke in support of Item 30.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36-400 OF CHAPTER 36
OF THE SANTAANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
7-0.
City Council 5 11/16/2021
Published in the Orange County Reporter on November 5, 2021
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: This consent Item - Ordinance No. NS-3011 was approved.
7. Receive and File Quarterly Report of Contracts 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 entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for non-public
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8. Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9. Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the Two -Year Term, with Three One -Year Renewal Options
(Specification No. 21-101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a two-year period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the two-year
period, with provisions for three one-year renewals by mutual agreement. Subject to
non -substantive changes approved by the City Manager and City Attorney.
10. Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21-
053) (Non -General Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to non -substantive changes approved by the City Manager and
City Council 6 11/16/2021
City Attorney.
11. Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20-007) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, one-year renewal periods, subject to non -substantive changes
approved by the City Manager and City Attorney.
12. Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18-092) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional one-year renewal options exercisable by the City Manager and City
Attorney, subject to non -substantive changes approved by the City Manager and City
Attorney.
13. Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 2021-22 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 22-6970) (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 $360,183, for construction of the Omnibus Concrete Repairs FY 2021-
22, for the term beginning January 3, 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
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14. Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021-
City Council 7 11/16/2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21-
6466) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 2021-22 Project, for the term beginning January 3, 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
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15. Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (Non -General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
one-year renewal options for a total amount not to exceed $424,680, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-218 was approved.
16. Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a one-year term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two one-year
extensions, for a total aggregate amount not to exceed $545,000, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021-XXX).
City Council 8 11/16/2021
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to
approve with consideration to include patrolling the Birch Park area.
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
MINUTES: This consent Item - Agreement No. 2021-219 was approved.
17. Approve Agreements with Santolucito Dore Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for On -Call Property Appraisal Services in an
Amount Not to Exceed $449,500, for a Three -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Dore Group, Inc., to provide completion of final close-out work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a three-year term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, one-year extensions, subject
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
2. Authorize the City Manager to execute agreements with Santolucito Dor6 Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide right-of-
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a three-year term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, one-year extensions, subject non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021-XXX).
MINUTES: This consent Item - Agreement Nos. 2021-220 and 2021-221 were
approved.
18. Approve Agreements with Monument ROW and Overland, Pacific & Cutler for On -Call
Right -of -Way Specialty Services - Acquisition and Relocation Services - in an Amount
Not to Exceed $649,500 for a Three -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final close-out work per Caltrans
City Council 9 11/16/2021
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a three-year term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, one-year extensions, subject
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final close-out work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a three-year term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, one-year extensions, subject
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement Nos. 2021-222 and 2021-223 were
approved.
19. Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 06-3510) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to non -substantive changes approved by City Manager and City Attorney
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-224 was approved.
20. Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and e-Commerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and e-Commerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non -
substantive changes approved by City Manager and City Attorney (Agreement No.
City Council 10 11/16/2021
2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-225 was approved.
21. Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (Non -General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG-
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2021-
XXX).
MINUTES: This consent Item - Agreement Nos. 2021-226 and 2021-227 were
approved.
22. Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No.2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-228 was approved.
23. Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
City Council 11 11/16/2021
Recommended Action: Resolution No. 2021-XXX — Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa
Rudloff provided a brief presentation.
Council discussion ensued.
Moved by Councilmember Hernandez, seconded by Mayor Sarmiento to
continue the item to the December 21, 2021 City Council meeting with the
miscellaneous fees resolution.
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
24. Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2022-2023
Measure M2 Comprehensive Transportation Funding Program (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021-XXX and 2021-XXX— Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021-XXX and 2021-XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the Seven -Year Capital Improvement Program for Fiscal Year
2022-23.
MINUTES: This consent Item - Resolution Nos. 2021-067 and 2021-068 were
approved.
This consent Item - Agreement Nos. 2021-230 and 2021-231 were approved.
25. City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019-111 to
Effect Certain Changes to the City's Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
City Council 12 11/16/2021
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021-XXX— Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021-XXX—Adopt a Resolution amending Resolution No. 2019-
111 to effect certain changes to the City's Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
MINUTES: This consent Item - Resolution Nos. 2021-069 and 2021-070 were
approved.
MINUTES: Mayor Sarmiento announced for Item 25 that pursuant to Government Code
section 54953 the resolution is reflecting the positive performance evaluation of the City
Manager conducted on October 19, 2021 and approving an amended annual salary for the
City Manager in accordance with existing agreement.
Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to
approve Consent Calendar Items 5 — 25 with the exception of 16 and 23.
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
26. Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPA-FMSA Reserve Appropriations account (no. 18110013-
City Council 13 11/16/2021
69001) to the ARPA-CDA expenditure account (nos. 18118013-various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 pre -paid visa cards.
MINUTES: Community Development Agency Economic Specialist Sylvia
Vazquez provided a brief presentation.
Moved by Mayor Sarmiento, seconded by Councilmember Phan to Approve.
YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
27. Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prior -year fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
MINUTES: Management Assistant Daniel Soto provided a brief presentation.
Council discussion ensued.
Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to
approved substitute motion as amended to: Adopt as amended to: (1) expand
from one to two community meetings for certain development projects; (2)
increase the radius to 1,000 feet for notification of upcoming community and
Planning Commission public hearing meetings regarding the subject
City Council 14 11/16/2021
property; (3) increase the agenda publication to seven days with no exception
other than emergency items; (4) and to bring back to Council the lobbyist
disclosure policy as a separate item.
YES: 2 — Bacerra, Mendoza
NO: 5 — Hernandez, — Lopez, — Phan, — Penaloza, — Sarmiento
ABSTAIN: 0
ABSENT:0
Status: 2-5-0-0 —Fall
Moved by Councilmember Phan, seconded by Mayor Sarmiento to adopt as
amended to: (1) expand from one to two community meetings for certain
development projects; (2) increase the radius to 1,000 feet for notification of
upcoming community and Planning Commission public hearing meetings
regarding the subject property; (3) include a supplemental agenda for regular
City Council meeting, provided that the City Manager explains in the staff
report for each supplemental item that immediate action came to the city
manager and was made aware of it after the regular agenda is posted; and (4)
bring back to Council the lobbyist disclosure policy as a separate item.
YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
**END OF BUSINESS CALENDAR"
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on each
Public Hearing item.
28. Public Hearing - Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021-XXX — Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
City Council 15 11/16/2021
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
MINUTES: Executive Director of Planning and Building Agency Minh Thai
provided a brief presentation.
Mayor Sarmiento opened the public hearing at 10:38 p.m.
Benjamin Vazquez, representing El Centro Cultural de Mexico, spoke in opposition
to the item.
Luis Sarmiento spoke in opposition to the item.
Apolonio Cortez spoke in opposition to the item.
Nathaniel Greensides spoke in opposition to the item.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Gema Suarez spoke in opposition to the item.
Karla Juarez spoke in opposition to the item.
Esperanza Corona spoke in opposition to the item.
Sergio Corona spoke in opposition to the item.
Mayor Sarmiento closed the public hearing at 11:01 p.m.
Council discussion ensued.
Substitute motion considered first and failed.
This Public Hearing Item - Resolution No. 2021-071 was approved.
Moved by Councilmember Phan, seconded by Mayor Pro Tern Penaloza to
approve.
YES: 4 — Bacerra, Councilmember, — Mendoza, Councilmember, — Phan,
Councilmember, — Penaloza, Mayor Pro Tern
NO: 3 — Hernandez, Councilmember, — Lopez, Councilmember, — Sarmiento, Mayor
ABSTAIN: 0
ABSENT:0
Status: 4-3-0-0— Pass
City Council 16 11/16/2021
Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to
Substitute motion to offset recovery costs and review for accuracy.
YES: 3 — Hernandez, Councilmember, — Lopez, Councilmember, — Sarmiento, Mayor
NO: 4 — Bacerra, Councilmember, — Mendoza, Councilmember, — Phan,
Councilmember, — Penaloza, Mayor Pro Tern
ABSTAIN: 0
ABSENT:0
Status: 3-4-0-0— Fail
29. Public Hearing -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
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
MINUTES: Councilmember Bacerra abstained in response to an alleged conflict of
interest.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Mayor Sarmiento opened the public hearing on Wednesday, November 17, 2021 at
12:07 a.m.
Adam Wood spoke in opposition to item.
Andrew Gonzalez spoke in opposition to item.
Francisco Gomez spoke in support of including skilled and trained workforce
language in the ordinance.
Ernesto Medrano, representing Los Angeles/Orange Counties Building and
Construction Trades Council, spoke in opposition to the item and requested that the
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item be sent back to the Planning Commission.
John Hanna, Government Affairs Representative/ Special Counsel at Southwest
Regional Council of Carpenters, spoke in opposition to the item and requested that
skilled and trained workforce be included in the ordinance.
Cesar Covarrubias, representing The Kennedy Commission, spoke in support of
the item.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Daisy, representing The Kennedy Commission, spoke in support of the item.
Ana Charco, representing Latino Health Access, spoke in support of the item.
Mayor Sarmiento closed the public hearing on Wednesday, November 17, 2021 at
12:28 a.m.
City Attorney Sonia Carvalho spoke regarding the alleged conflict of interest and
determination was made that there was no validity to the claim.
Council discussion ensued.
Moved by Councilmember Mendoza, seconded by Mayor Pro Tern Penaloza to
have this item brought back to the Planning Commission.
Moved by Mayor Sarmiento, seconded by Councilmember Phan to approve
substitute motion to approve the following amendments: (1) Omit new
priorities that do not directly relate to the production of new affordable
housing units. (2) Reduce to 5% inclusionary for for -sale units. (3) Include a
provision to vest entitled projects and make the necessary conforming
changes to the Ordinance, and include a vested project list. (4) Require and
phase in the use of a local skilled and trained workforce only for new projects
proposing 20 or more residential lots or units exercising the in -lieu fee option
to satisfy the inclusionary requirements of the Ordinance, and clarify that the
provision is not applicable to projects receiving funding from the inclusionary
housing fund. (5) Require an affirmative vote by 5 members of the City
Council in order to modify the in -lieu fee structure and the local skilled and
train workforce provision. (6) Incorporate a local density bonus provision for
for -sale units only.
YES: 4 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan,
Councilmember, — Sarmiento, Mayor
NO: 2 — Mendoza, Councilmember, — Penaloza, Mayor Pro Tern
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ABSTAIN: 1 — Bacerra, Councilmember
ABSENT:0
Status: 4-2— 1 — 0 — Pass
COUNCILMEMBER REQUESTED ITEMS
30. Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products — Councilmember Mendoza
MINUTES: Item 30 was taken out of order and considered prior to Item 28.
Council supports with no objections and provided direction to City staff.
31. Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City — Councilmember Lopez
MINUTES: Councilmember Lopez spoke in support of the item.
Councilmembers Phan, Mendoza, Bacerra spoke in opposition to the item, but in
support of educating the public of state law.
Mayor Pro Tern Penaloza spoke in support of the Santa Ana Police proactively
regulating unlawful activities.
CITY MANAGER COMMENTS
MINUTES: There were no comments provided.
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 Bacerra wished everyone a Happy Thanksgiving holiday; and
extended an invitation of community hours held on Saturday, December 4, 2021 at 10:00
a.m. located at Thorton Park.
Councilmember Hernandez thanked the public for their participation; wished everyone
happy holidays; and extended an invitation of community hours held on Friday, November
19, 2021 at 4:00 p.m. located at La Placita Cinco.
Councilmember Lopez wished everyone happy holidays.
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Councilmember Mendoza shared additional letters of support for banning the sale of
flavored tobacco products and hopes to work with the Santa Ana Unified School District.
Councilmember Phan wished everyone Happy Thanksgiving.
Mayor Pro Tem Penaloza wished everyone Happy Hannukah and Thanksgiving and made
an announcement of the tree lighting event at Plaza Ca//e Cuatro.
ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
MINUTES: Mayor Sarmiento adjourned the City Council meeting in memory of Dr. Gaston
Cilliani at 1:36 a.m. on Wednesday, November 17, 2021.
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SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members
Vice Chair
Chair
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: Chair Sarmiento called the Housing Authority meeting to order on Wednesday,
November 17, 2021 at 1:24 a.m.
Clerk of the Council conducted roll call. All Authority Members were present.
PUBLIC COMMENTS — Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
MINUTES: There were no public comments.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
MINUTES: All authority members were present. No action needed.
MINUTES: There were no absences.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
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JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2. Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for On -Call Affordable Housing Financial, Analytical and
Advisory Services on an As —Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint on -call consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a three-year term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non -
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021-XXX).
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Phan to
Approve.
YES: 6 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento,
Mayor
NO: 1 — Bacerra, Councilmember
ABSTAIN: 0
ABSENT: 0
Status: 6 — 1 —0-0— Pass
MINUTES: This business Item - Agreement No. 2021-230 was approved.
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: No public comments on Housing Authority items.
ADJOURNMENT —Adjourn the Housing Authority meeting.
MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to
the Regular Meeting on Wednesday, November 17, 2021 at 1:25 a.m.
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