HomeMy WebLinkAbout2021-10-05 Regular and HAFinal Minutes of the Regular and Special
Meeting of the City Council
City of Santa Ana, California
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October 05, 2021
SPECIAL OPEN SESSION MEETING - 4:00 pm
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
CITY COUNCIL SPECIAL OPEN SESSION
CALL TO ORDER
ATTENDANCE 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
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA AUTHORIZING USE OF REMOTE TELECONFERENCING
PROVISIONS (AB 361)
Department(s): Clerk of the Council
Recommended Action: Adopt resolution.
ADJOURNMENT —Adjourn the Special Open City Council meeting and convene to the
City Council 1 10/5/2021
Special Closed Session meeting.
Moved by Councilmember Bacerra, seconded by Councilmember Lopez to adopt
Resolution No. 2021-055.
YES: 6 — Bacerra, Councilmember, — Hernandez, Councilmember, — Lopez,
Councilmember, — Mendoza, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento,
Mayor
NO: 0
ABSTAIN: 1 — Phan, Councilmember
ABSENT:0
Status: 6-0— 1 — 0 — Pass
MINUTES: Mayor Sarmiento called the Special Open Session meeting to order at 4:08
p.m.
Clerk of the Council conducted roll call. All councilmembers were present.
There were no public comments on Special Open Session item.
Adjourned Special Open Session and convened to the Special Closed Session at 4:12
p.m.
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.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
City Council 2 10/5/2021
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
I *RISSMAy
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. David Sii v. City of Santa Ana; Workers' Compensation Appeals Board case
#ADJ12884066
B. City of Santa Ana v. County of Orange, et al, United States District Court Case No.
SA CV 20-0069-DOC (DFMx)
C. 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)
D. 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 Closed Session for
discussion at 4:13 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
City Council 3 10/5/2021
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:30 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 6:32
p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
Mayor Sarmiento made announcement that Item 24 would be heard at 7:00 p.m.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Mayor Pro Tern Penaloza led the Pledge of Allegiance.
INVOCATION Hussam Ayloush
CEREMONIAL PRESENTATIONS
Proclamation presented by Mayor Pro Tern Penaloza to Minh Thai and Alvaro Nunez,
Planning and Building Department declaring October 11 through October 15, 2021 as
Code Enforcement Officer Appreciation Week.
2. Proclamation presented by Councilmember Hernandez to Nellie Myia Turtleheart
LeGaspe declaring October 11, 2021 as Indigenous Peoples' Day.
3. Certificate of Recognition presented by Councilmember Lopez to Blinking Owl
Distillery for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Council member Mendoza to Office Depot for
the "Start Proud!" Program 2021 and Outstanding Contributions to the Education.
MINUTES: After the last ceremonial presentation, council considered Item 24 on
redistricting followed by staff presentations.
STAFF PRESENTATIONS
5. COVID-19 Update in the Community.
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Mayor Pro Tem Penaloza requested City Manager to add Digital Vaccine Record
website to future COVID-19 Updates.
City Manager Kristine Ridged noted vaccination sites will be listed online.
City Council 4 10/5/2021
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: No reportable action.
Item 10 considered out of order after Closed Session Report out, followed by
Councilmember Comments.
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.
NOTE: Redistricting Public Hearing Item #24 to be heard at 7:00 p.m.
Non -Agenda eComment
MINUTES: Antonio Lopez, father of Brandon Lopez, spoke regarding September 28rh,
2021 incident.
Johana Lopez spoke regarding September 28rh, 2021 incident pertaining to Brandon
Lopez.
Qui Vuong, 58 years old, spoke of housing hardship and spoke in support of Item 9, rent
control.
Lam Ho, 83 years old, spoke of housing hardship and spoke in support of Item 9.
Lan Hoang, 81 years old, and Tri Le, 83 years old, spoke of housing hardship and spoke in
support of Item 9.
Dao Tran, 71 years old, spoke of housing hardship and spoke in support of Item 9.
Tuat Mai, 74 years old, spoke of housing hardship and spoke in support of Item 9.
Thu Anh, 59 years old, spoke of housing hardship and spoke in support of Item 9.
Bich Le, 76 years old, and Le Nguyen, 74 years old, spoke of housing hardship and spoke
in support of Item 9.
Huong Luong, 74 years old, spoke of housing hardship and spoke in support of Item 9.
Hang Nguyen, 64 years old, spoke of housing hardship and spoke in support of Item 9.
Danny Ma, spoke of housing hardship and spoke in support of Item 9.
City Council 5 10/5/2021
Trung Pham, 75 years old, and Hoi Nguyen, 74 years old, spoke of housing hardship
and spoke in support of Item 9.
Tran Cal and Phung Pham, 74 years old, spoke of housing hardship and spoke in support
of Item 9.
Thom Nguyen, 68 years old, spoke of housing hardship and spoke in support of Item 9.
Dai Nguyen, 69 years old, and Marie Nguyen, 68 years old, spoke of housing hardship
and spoke in support of Item 9.
Hong Le, 73 years old, spoke of housing hardship and spoke in support of Item 9.
Reverend Duc Minh, 93 years old, spoke of housing hardship and spoke in support of Item
9.
Lucero Garcia spoke in support of Item 9.
Ugochi L. Anaebere Nicholson, attorney with the Public Law Center in Santa Ana, spoke in
support of Item 9.
Andrew Linares spoke in support of Item 9.
Elizabeth Leguin spoke in support of Item 9.
Idalia Rios spoke in support of Item 9.
Maricela Castro spoke in support of Item 9.
Yohana Rojas spoke in support of Item 9.
Mireya Gutierrez spoke in support of Item 9 and mandated vaccinations.
Silvia Avendano spoke in support of Item 9.
Sergio Corona spoke in support of Item 9.
Victoria Salgado spoke in support of Item 9.
Elizabeth Martinez spoke in support of Item 9.
Cesar Medina spoke in support of Item 9.
Rosa Pizano spoke in support of Item 9.
City Council 6 10/5/2021
Marcela Rosas spoke in support of Item 9.
Angel Sanchez spoke in support of Item 9.
Rocio Rachel spoke in support of Item 9.
Joshua Gonzalez spoke in support of Item 9.
Alejandra Luciano spoke in support of Item 9.
Maria Cristina Moreno spoke in support of Item 9.
Tim Rush spoke in opposition to Item 9.
Juvelia spoke in support of Item 9.
Catalina Iniestra spoke in support of Item 9.
Veronica Garcia spoke in support of Item 9.
Silvia Hernandez spoke in support of Item 9.
Dale Helvig spoke on Item 9.
Candace Holcombe spoke in opposition to Item 9.
Nathaniel Greensides spoke in support to Item 9.
Yoselinda Mendoza spoke in support of Item 9 and mental health crisis.
Tracy La, with VietRise, spoke in support of Item 9.
Alondra Salazar spoke in support of Item 9.
Valeria Esqueda spoke in support of Item 9 and encouraged council to enact a rent freeze.
Mextli Lopez spoke in support of Item 9 and expressed condolences to the family of
Brandon Lopez.
David Carbajal spoke in support of Item 9 and expressed condolences to the family of
Brandon Lopez.
Maria Ceja spoke in support of Item 9 and expressed condolences to the family of
Brandon Lopez.
City Council 7 10/5/2021
Jesus Santana expressed condolences to Councilmember Hernandez and the Lopez
family; spoke in support of Item 9.
Luis Sarmiento expressed condolences to Councilmember Hernandez and spoke in
support of Item 9.
Karla Juarez expressed condolences to Councilmember Hernandez and the Lopez family;
and spoke in support of Item 9.
Benjamin Vasquez expressed condolences to Councilmember Hernandez and spoke in
support of Item 9.
Vicki Talley spoke in opposition to Item 9.
Ferin Kidd spoke in support of Item 22 and demanded that Santa Ana form an oversight
committee
Clay Hage spoke in opposition of Item 9.
Pedro Maganon spoke in opposition of Item 16.
Victor Cao spoke in opposition of Item 9.
Vanessa Gonzales spoke in support of Item 9 and expressed condolences to the family of
Brandon Lopez.
Julie Paule spoke in opposition of Item 9 and expressed condolences to the family of
Brandon Lopez.
Chad Casenhiser spoke in opposition of Item 9.
Ivette Xochiyotl spoke in support of Item 9.
Robert McDonald spoke in opposition to Item 9.
Danielle McCarthy spoke in opposition to Item 9.
Miriam Meza spoke in opposition to Item 9.
Erinlynn Scott, with AMC, spoke in opposition to Item 9.
Luis Tapia, Community Director with Villa Del Sur apartment, spoke in opposition to Item
9.
City Council 8 10/5/2021
Amy Fylling spoke in opposition to Item 9.
Lauren Marty spoke in opposition to Item 9.
Susie Winocur spoke in opposition to Item 9.
David Cordero spoke in opposition to Item 9.
Mary Jo Baretich spoke in support of Item 9.
TK spoke on Item 9 and Item 22; and expressed condolences to Councilmember
Hernandez and his family.
Trish spoke on Item 22 and expressed condolences to Councilmember Hernandez and
the Lopez family
Francesca Chaboya provided comments on Item 9 and spoke in support of Item 22.
Paul Julian spoke in opposition of Item 9.
Richard Julian, with AMC, spoke in opposition of Item 9.
Juan Carbajal spoke in opposition of Item 9.
Chip Ahlswede expressed condolences to Councilmember Hernandez and the Lopez
family. Spoke in opposition of Item 9.
Michael Brown spoke in opposition of Item 9.
Greg O'Hagan expressed condolences to Councilmember Hernandez and the Lopez
family. Spoke in opposition of Item 9.
Eva Raleig expressed condolences to Councilmember Hernandez. Spoke in opposition of
Item 9.
Hairo Cones expressed condolences to Councilmember Hernandez and the Lopez
family. Spoke in support of Item 22 and Item 9.
Bulmaro Vicente expressed condolences to Councilmember Hernandez and the Brandon
Lopez family. Spoke in support of Item 22 and Item 9.
Hector Bustos expressed condolences to Councilmember Hernandez and the Brandon
Lopez family. Spoke in support of Item 22 and Item 9.
City Council 9 10/5/2021
Clerk of the Council Daisy Gomez reported out on correspondence received prior to
hearing public comments via Zoom.
Rosa Ramirez
Jennifer Rojas spoke in support of the family of Brandon Lopez and spoke in support of
Item 22.
Joese Gloria expressed support of the family of Brandon Lopez and spoke in support of
Item 9.
Kayleigh Levitt spoke on police brutality and housing.
Bryan J. Peraza expressed support of the family of Brandon Lopez, spoke in solidarity with
those demanding police oversight, spoke in support of Item 9.
Jenna Perez expressed condolences to the Brandon Lopez family. Spoke in support
of Item 9.
Daisy Cruz spoke in support of Item 9. Expressed condolences to Councilmember
Hernandez and to the Brandon Lopez family.
Pedro Correa spoke in support of Item 9.
Manny Escamilla expressed condolences to the Brandon Lopez family and
Councilmember Hernandez. Spoke in support of Item 9.
Penelope Lopez expressed condolences to the Brandon Lopez family
Grant Lehner spoke in support of Item 9. Expressed condolences Councilmember
Hernandez and to the Brandon Lopez family.
Adolfo Sierra spoke in support of Item 9.
Alexis Teodoro spoke in support of Item 9. Expressed condolences Councilmember
Hernandez and to the Brandon Lopez family.
Elias Caza/es, President of Santa Ana Pony, in support of Item 16. Expressed
condolences Councilmember Hernandez and to the Brandon Lopez family.
Tanya Navarro spoke on police oversight and in support of Item 9.
CONSENT CALENDAR
City Council 10 10/5/2021
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 17.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Special Meeting of June 22, 2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Minutes from the Regular and Housing Authority Meetings of July 6, 2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
9. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA PROHIBITING RESIDENTIAL REAL PROPERTY AND
MOBILEHOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE
PERCENT (3%) ANNUALLY, OR EIGHTY PERCENT (80%) OF THE CHANGE IN
CONSUMER PRICE INDEX, WHICHEVER IS LESS, WITHIN THE CITY
and
Adopt Ordinance No. NS-XXXX—AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REQUIRING JUST CAUSE EVICTIONS
First reading at the September 21, 2021 City Council meeting and approved by a vote
of 4-3 (Bacerra, Mendoza and Penaloza dissented).
Published in the Orange County Reporter on September 24, 2021.
Department(s): Community Development Agency
Recommended Action: Place ordinances on second reading and adopt.
MINUTES: Councilmember Bacerra, Councilmember Mendoza, and Mayor Pro
Tem Penaloza abstained from Item 9 out an abundance of caution due to a potential
Brown Act violation.
Mayor Sarmiento confirmed with Clerk of the Council of a quorum on the dais and
spoke in reference to the Brown Act adherence.
For the record Mayor Sarmiento announced the following: On September 24, the City
received a letter alleging a Brown Act Violation related to the Council's first reading
approval of the ordinances prohibiting residential rent increases and requiring just
City Council 11 10/5/2021
cause evictions. The letter alleged that 1) The city's Housing Ad Hoc Committee was
actually a standing committee subject to the Brown Act and that 2) certain
communications of mine to Mayor Pro Tern violate the Brown Act's prohibition on
serial meetings. First as one of its members 1 wish to stress that the Housing Ad Hoc
Committee is indeed a genuine ad hoc committee. As both stated in the staff report
accompanying its creation and in practice it is a temporary advisory committee
composed of less than a quorum of the council that serves a limited purpose and will
dissolve upon its final report to the City Council. Second, 1 would like to clarify that 1
did call Mayor Pro Tem on September 16, which was a Thursday, about this matter,
but only to advise him that the ad hoc committee would be making recommendation
to adopt the ordinances on an urgency basis or on a regular basis at the September
21st meeting. / did this as a courtesy alone for him and any other Councilmember
who did not serve on the ad hoc committee because on September 17th, 1 did receive
a call from Councilmember Mendoza wanting to discuss the matter of rent
stabilization that was going to be appearing on September 21st agenda item. 1
mentioned to her that 1 was on the ad hoc committee and could not speak to her on
the merits of that, but did tell her it was going to be on the agenda and the full council
would be considering it. At no time in these brief conversations did / discuss the
merits of the recommendation, engaged in any collective decision -making or
encouraged any particular vote by any councilmember. While this means we could
move forward tonight, or this morning, with the second reading, in the spirit of
transparency, 1 will join Councilmember Phan to redo the first reading on both of
these ordinances. Though 1 firmly believe there is no Brown Act Violations, a new first
reading will enable us to consider the ordinances unaffected by any extraneous
concerns."
Mayor Sarmiento requested City Manager Kristine Ridge to consider language in
Section 1482 that is a provision in the Just Cause ordinance included in the Rent
Stabilization ordinance. Also, request staff to consider annual reviews of metrics
related to condominiums and rental units under rent stabilization and just cause
eviction.
Moved by Councilmember Phan, seconded by Mayor Sarmiento to redo to
approve first reading ordinance and publish title.
YES: 4 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan,
Councilmember, — Sarmiento, Mayor
NO: 0
ABSTAIN: 3 — Bacerra, Councilmember, — Mendoza, Councilmember, — Penaloza,
Mayor Pro Tern
ABSENT: 0
Status: 4-0-3-0— Pass
10. Appoint Kimberly Cabrera Nominated by Mayor Pro Tern Penaloza as the Ward
City Council 12 10/5/2021
2 Representative to the Youth Commission for a Partial -Term Expiring December 13,
2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Kimberly Cabrera to the Youth Commission
representing Ward 2 and administer Oath of Office.
Moved by Mayor Pro Tern Penaloza, seconded by Mayor Sarmiento to Appoint
Kimberly Cabrera as the Ward 2 Representative to the Youth Commission..
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: Clerk of the Council, Daisy Gomez, administered the Oath of Office to
Kimberly Cabrera.
Item 10 considered out of order after Closed Session Report out, followed by
Councilmember Comments.
11. Approve an Agreement with Orange County Transportation Authority for the Senior
Mobility Program for the Period July 1, 2021 through June 30, 2026 with an Option to
Extend the Agreement Five Years through June 30, 2031 (General Fund and Non -
General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Approve an agreement with Orange County Transportation
Authority for the Senior Mobility Program for the period July 1, 2021 through June 30,
2026 with an option to extend the agreement five years through June 30, 2031, subject
to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-193 was approved.
12. Approve Appropriation Adjustment and Agreement Accepting $536,000 from the
State Office of Traffic Safety for Traffic Program Services (Non -General Fund)
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute a one-year
City Council 13 10/5/2021
agreement with the State of California - Office of Traffic Safety (OTS) (PT22130) to
fund traffic program services, for the period of October 1, 2021 through September
30, 2022, in an amount not to exceed $536,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2021-XXX).
2. Approve an appropriation adjustment (2022-037) accepting $536,000 in the Office
of Traffic Safety —Grant revenue account and appropriate same to the grant
expenditure account. (Requires five affirmative votes)
MINUTES: This consent Item - Agreement No. 2021-194 was approved.
13. Approve an Agreement with Allied Universal Janitorial Services for Janitorial Services
for Police Department Facilities in the amount of $2,233,523.04 (General Fund)
Department(s): Police Department
Recommended Action: Approve a three-year agreement with Allied Universal
Janitorial Services for janitorial services for Police Department facilities for the period
of November 1, 2021 through October 31, 2024, with an option for two one-year
renewals, in the amount of $2,233,523.04, including a ten percent contingency
($203,047.55), subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2021-XXX).
Moved by Councilmember Mendoza, seconded by
Councilmember Hernandez to approve.
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. 2021-195 was approved.
14. Approve an Agreement with City Net to Provide Street Outreach and Engagement
Services and an Enhanced Pilot Program to Divert Santa Ana Police Department
Calls for Service for Quality -of -Life Services, in an Amount not to Exceed $1,300,000
through June 30, 2022 (Non -General Fund) (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
City Net in an amount not to exceed $1,300,000 to provide street outreach and
engagement services and an enhanced Pilot Program to divert Santa Ana Police
City Council 14 10/5/2021
Department calls for service for quality -of -life services from November 1, 2021
through June 30, 2022, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2021-XXX).
2. Authorize the City Manager to execute agreements required by state or federal
agencies for the use of HHAP and ARPA funding (Agreement No.2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-196 and 2021-197
were approved.
Moved by Councilmember Bacerra, seconded by Councilmember Hernandez
to Approve. Councilmember Bacerra requested City Manager Kristine Ridge
to work with vendor to adjust working hours from 9 p.m to 7 a.m. City
Manager Kristine Ridge is to report back to the council and present an
amendment to the agreement if the requests are not agreed upon.
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
15. Approve Agreement Amendments with Ocean Blue Environmental Services, Inc., and
United Storm Water, Inc., for COVID-19 Sanitization Services (Non -General Fund)
(Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a first amendment
to the agreement with Ocean Blue Environmental Services, Inc., to provide COVID-19
Sanitization Services and increase the annual expenditure amount for the FY 2021-22
term by $250,000, for a total aggregate amount not to exceed $2,000,000, including
the optional extension period, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. 2021-XXX).
2. Authorize the City Manager to execute a first amendment to the agreement with
United Storm Water, Inc., to provide COVID-19 Sanitization Services and increase the
annual expenditure amount for the FY 2021-22 term by $250,000, for a total
aggregate amount not to exceed $2,000,000, including the optional extension period,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement Nos. 2021-198 and 2021-199 were
approved.
City Council 15 10/5/2021
16. Adopt a Resolution for Athletic Facility Reservation Policy
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021-XXX — Adopt a resolution for Athletic
Facility Reservation Policy.
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez
to approve staff recommendation with the amendment to change the
reservation age from 21 to 18, and directed city staff to help small leagues
become official.
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 - Resolution No. 2021-056 was approved.
17. Approve the 2nd Revision to the Revive Santa Ana Spending Plan and Adopt a
Resolution to Amend the FY 21-22 Annual Budget to Add Limited -Term Full -Time
Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the 2nd Revision to the Revive Santa Ana
Spending Plan.
2. Resolution No. 2021-XXX—Adopt a Resolution to Amend the Fiscal Year 21-22
Annual Budget to add limited -term full-time positions for the implementation of Revive
Santa Ana projects.
MINUTES: Councilmember Bacerra moved to approve the 211d Revision to the
Revive Santa Ana Spending Plan minus the commitment of one-time funds to the
eviction defense effort and approve a resolution to amend the FY 21-22 Annual
Budget to Add Limited -Term Full -Time Positions prior to substitute motion, but
motion died due to lack of second.
This consent Item- Resolution No. 2021-057 was approved.
Moved by Councilmember Lopez, seconded by Councilmember Hernandez to
approve substitute motion to include staff's recommended action as is and to
City Council 16 10/5/2021
have City Manager Kristine Ridge find an alternative source of funding for the
COVID memorial..
YES: 5 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan,
Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento, Mayor
NO: 2 — Bacerra, Councilmember, — Mendoza, Councilmember
ABSTAIN: 0
ABSENT:0
Status: 5-2-0-0— Pass
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Penaloza to
approve Consent Calendar items 6-15 with the exception of 9,10,13,14,16,17. Item 10
was considered and voted on earlier.
Councilmember Bacerra, Councilmember Mendoza, and Mayor Pro Tem Penaloza
abstained from Item 9 out an abundance of caution due to a potential Brown Act
violation.
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
18. Award a Construction Contract to iBuild 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 iBuild 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
City Council 17 10/5/2021
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
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.
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to
continue the item to the October 19, 2021 Council Meeting.
YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
MINUTES: Council provided direction to city staff regarding design.
19. 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).
Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to
substitute motion to approve the item as is. .
YES: 6 — Bacerra, Hernandez, Mendoza, Phan, Penaloza, Sarmiento
City Council 18 10/5/2021
NO: 1 — Lopez
ABSTAIN: 0
ABSENT:0
Status: 6 — 1 — 0 — 0 —Pass
MINUTES: Councilmember Lopez motioned to continue item at a future Council
Meeting, and motion died due to lack of second.
Item 22 was taken out of order and considered after item 19.
20. 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.
Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to
deny second extension.
YES: 3 — Bacerra, Mendoza, Penaloza
NO: 2 — Lopez, — Sarmiento
ABSTAIN: 1 — Phan
ABSENT: 1 — Hernandez
Status: 3-2-1 —1 —Fail
MINUTES: Councilmember Phan recused herself from item 20 due to a conflict of
interest.
Item fails due to lack of action. No action.
After Item 20, council considered Item 25.
21. 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
City Council 19 10/5/2021
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.
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza
to approve.
YES: 6 — Bacerra, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 1 — Hernandez
Status: 6-0-0— 1 —Pass
MINUTES: Mayor Sarmiento provided input to city staff.
This Business Item - Resolution No. 2021-058 — amending Resolution No.
2015-026 and Resolution No. 2021-059 was approved.
22. 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 22 was taken out of order and considered prior to Item 20 to
appoint Councilmember Hernandez, Councilmember Bacerra, and
Councilmember Lopez to the Ad Hoc Committee.
Councilmember Hernandez left council meeting on Wednesday, October 6, 2021 at
3:33 a.m.
23. 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
City Council 20 10/5/2021
School Collaboration City Council Subcommittee for terms expiring on December 21,
2022.
Moved by Mayor Pro Tom Penaloza, seconded by Councilmember Lopez to
appoint Councilmember Hernandez, Councilmember Lopez, and
Councilmember Mendoza to the School Collaboration City Council
Subcommittee.
YES: 6 — Bacerra, Lopez, Mendoza, Phan, Penaloza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 1 — Hernandez
Status: 6-0-0— 1 —Pass
MINUTES: After consideration of item 23, council returned to consider item 20.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on Public
Hearing items.
24. Hold First Public Hearing Regarding Redistricting Ward Boundaries
Legal Notice published in the Orange County Register, La Opinion, Nguoi Viet, World
Journal (Chinese Daily News) and The Korea Times by September 18, 2021.
Resolution of Intention No. 2021-053 published in the Orange County Register on
September 24, 2021 and October 1, 2021.
Department(s): Clerk of the Council Office
Recommended Action: Open and close the first public hearing seeking input
regarding possible changes to the wards boundaries before proposed ward map(s)
are drawn.
MINUTES: Mayor Sarmiento opened the public hearing at 7:07 p.m, and will be
continued to the October 19, 2021.
After item 24, council considered the staff presentation, COVID-19 Update in the
Community.
Moved by Councilmember Phan, seconded by Councilmember Lopez to
approved as amended to adjourn tonight's public hearing to October 19, 2021
Council meeting to be heard at 7 p.m. Also, directed Clerk of the Council to
update the rest of the public hearing timelines on the resolution and take it the
City Council 21 10/5/2021
October 19, 2021 Council meeting..
YES: 6 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tern, — Sarmiento,
Mayor
NO: 0
ABSTAIN: 0
ABSENT: 1 — Hernandez, Councilmember
Status: 6-0-0— 1 — Pass
25. 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
Recommended Action: Authorize Submission of the Consolidated Annual
Performance and Evaluation Report to the U.S. Department of Housing and Urban
Development.
Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza
to approve.
YES: 6 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Phan, Councilmember, — Penaloza, Mayor Pro Tem, — Sarmiento,
Mayor
NO: 0
ABSTAIN: 1 — Hernandez, Councilmember
ABSENT:0
Status: 6-0— 1 —0— Pass
MINUTES: Mayor Sarmiento opened, seen there were no public comments,
proceeded to close the public hearing for Item 25 on Wednesday, October 6, 2021
at 4:06 a.m
COUNCILMEMBER REQUESTED ITEMS
26. Discuss and Consider Directing City Manager to Consider Council Meeting Curfew
Rules — Councilmember Bacerra
MINUTES: Council directed Clerk of the Council to connect with other municipal
cities and conduct research to consider city meeting curfew rules.
Mayor Pro Tem Penaloza left the council meeting on Wednesday, October 6, 2021
at 4:18 p.m.
City Council 22 10/5/2021
Recessed the council meeting and convened to the Housing Authority
meeting on Wednesday, October 6, 2021, at 4:19 a.m
Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the
Regular Meeting on Wednesday, October 6, 2021 at 4:20 a.m to consider City
Manager and Council Comments.
CITY MANAGER COMMENTS
MINUTES: None.
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.
1. September 22-24, 2021 Councilmembers Lopez and Phan — League of California Cities
Annual Conference in Sacramento, CA
MINUTES: After Item 10, a portion of Councilmember comments were considered out of
order.
Councilmember Hernandez spoke regarding the Brandon Lopez incident.
Councilmember Mendoza expressed condolences to Councilmember Hernandez.
Mayor Sarmiento expressed sympathies to Councilmember Hernandez and the Brandon
Lopez' family.
After Mayor Sarmiento's comments, council considered Public Comments.
Seeing no City Manager Comments the balance of Council Comments were considered.
Councilmember Lopez disclosed she and Councilmember Phan attended the League of
California Cities Conference and reported out on forthcoming resolutions.
Councilmember Phan disclosed that she attended the League of California Cities
Conference and a retreat with the Metropolitan Water District.
Mayor Sarmiento added that the ad hoc committee is recommending that staff bring back
the Housing Opportunity Ordinance (HOO) for consideration at the Planning Commission
and City Council meeting.
Councilmember Mendoza spoke on the oil spill in Huntington Beach coastline, and
ensured the Orange County Water District's water supply will not be affected or impacted by
City Council 23 10/5/2021
the oil spill.
ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority
meeting.
MINUTES: Chair Sarmiento adjourned the City Council meeting on October 6, 2021
at 4:24 p.m. and reconvened to the Regular Meeting on Wednesday, October 6, 2021 at
4:20 a.m. to consider City Manager and Council Council comments.
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,
October 6, 2021 at 4:19 a.m
Clerk of the Council conducted roll call. All Authority Members were present with the
exception of Councilmember Hernandez.
PUBLIC COMMENTS — Members of the public may address Housing Authority on items on
the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 1 and 2.
1. Excused Absences
City Council 24 10/5/2021
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
2. Minutes from the Housing Authority Meeting of July 6, 2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes. (Please refer to agenda item #8 in the City
Council meeting agenda)
Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to
approve staff recommendations on consent calendar Items 1 and 2.
YES: 5 — Bacerra, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember,
— Phan, Councilmember, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 2 — Hernandez, Councilmember, — Penaloza, Mayor Pro Tern
Status: 5 — 0-0-2— Pass
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT —Adjourn the Housing Authority meeting.
MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to
the Regular Meeting on Wednesday, October 6, 2021 at 4:20 a.m
City Council 25 10/5/2021