HomeMy WebLinkAbout2022-01-18 Regular and Special Successor AgencyMinutes of the Regular Meeting of the City
Council and Special Successor Agency
City of Santa Ana, California
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January 18, 2022
CLOSED SESSION MEETING - 5:00 pm
REGULAR OPEN MEETING - 5:45 pm
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana. CA 92701
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Phil Bacerra
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:04 p.m.
ROLL CALL
City Council 1 1/18/2022
Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were
present. Counci/member Lopez joined the meeting at 5:09 p.m. and Mayor Pro Tem
Bacerra joined the meeting at 5:18 p.m.
Councilmember Phan recused herself from closed session Item 2, due to a conflict of
interest.
PUBLIC COMMENTS — No public comments on Closed Session items.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Saul Miranda v. City of Santa Ana, et al., United States District Court, Case No.
8:21-CV-00007-JVS-DFM
B. Victor Hernandez v. City of Santa Ana, Orange County Superior Court, Case No.
30-2020-01141768
C. Mark Waldo v City of Santa Ana, Orange County Superior Court, Case No. 30-
2019-01120806
2. POTENTIAL INITIATION OF LITIGATION pursuant to section 54956.9(c): One case
(Dyer18 LLC)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: Willowick Golf Course 3017 W. 5th St. Santa Ana California
Agency Negotiator: Santa Ana City Manager Kristine Ridge
Negotiating Parties: Property owner
Under Negotiation: To obtain direction regarding price and terms of payment for the
acquisition/sale/lease/ of the property.
Address of Properties and Parcel numbers
Assessor Parcel No. Address
1. 198-233-11 n/a
City Council 2 1/18/2022
2. 198-286-01
3102 Willowick Drive
3. 198-282-02
3109 W.
5m Street
4. 198-291-03
3101 W.
5t' Street
5. 198-291-04
3017 W.
5th Street
6. 198-291-05
3001 W.
5th Street
7. 198-291-06
3017 W.
5th Street
8. 198-291-08
3017 W.
5th Street
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 items at 5:06 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:35 p.m. and
convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at
6:40 p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
Mayor Sarmiento announced that Redistricting Public Hearing Item #31 will be heard at
7:00 p.m.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
City Council 3 1/18/2022
MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance.
WORDS OF INSPIRATION Pastor Matt Doan
CEREMONIAL PRESENTATIONS
Certificate of Recognition presented by Councilmember Hernandez to OC Youth Poet
Laureate Tina Mai and OC Poet Laureate Natalie J. Graham for their Outstanding
Contributions to Literary Arts and Poetry.
MINUTES: Mayor Sarmiento presented certificate of recognition on behalf of
Councilmember Hernandez to Tina Mai and Dr. Natalie J. Graham.
2. Proclamation presented by Councilmember Lopez to Gerardo Mouet for his Years of
Outstanding Service and Contributions to the Community.
MINUTES: Spouse Jenny Doh accepted proclamation on behalf of her husband,
Gerardo Mouet.
3. Certificate of Recognition presented by Councilmember Phan to Santa Anita
Neighborhood Association Volunteers for their Outstanding Contributions to the
Community: Martha Calderon, Lydia Castillo, Victor Castillo, Aileen Cayetano,
Miranda Cayetano, Suzette Cayetano, Lucia Cleto, Grace Moreno, Gustavo Ortega,
Alan Velez and Angel Velez.
MINUTES: Councilmember Pena/oza presented certificate of recognition on behalf
of Councilmember Hernandez and Councilmember Phan to the various recipients.
After the last recognition, council considered redistricting item 31, item 32 and 8.
STAFF PRESENTATIONS
4. COVID-19 Update in the Community.
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Mayor Sarmiento directed staff to provide COVID numbers by ward at the February
15, 2022 council meeting.
City Council 4 1/18/2022
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
MINUTES: City Attorney Sonia Carvalho reported out on approvals of three settlements by
a unanimous vote:
1A) In the Saul Miranda v. City of Santa Ana, et al., United States District Court, Case No.
8:21-CV-00007-JVS-DFM, $200,000 settlement was approved.
1 B) In the Victor Hernandez v. City of Santa Ana, Orange County Superior Court, Case No.
30-2020-01141768, $126,900 settlement was approved.
1 C) In the Mark Waldo v City of Santa Ana, Orange County Superior Court, Case No. 30-
2019-01120806, $87,693.84 was approved.
2) In addition, the City Council authorized by a unanimous vote the initiation of litigation in
relation to a lease that the city has with Dyer 18 LLC.
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 #31 will be heard at 7:00 p.m.
MINUTES: Roger Lewis Bratcher representing First Serve Santa Ana spoke on a
pickleball event occurring this Saturday, January 22, 2022 at 8:00 a.m. to 4:00 p.m. at
Flower/Walnut.
Victor Mendez spoke on items 27, 9 and 30.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Project Director Kristopher Fortin with Santa Ana Active Streets spoke in opposition to item
24.
Daisy Cruz representing the Kennedy Commission spoke in support of item 8.
John Hanna representing the Southwest Regional of Carpenters spoke on item 8
regarding the use of a skilled and trained workforce. Expressed support of the
ordinance and their commitment to work with staff, community, council and members of the
construction industry.
City Council 5 1/18/2022
Adam Wood representing Building Industry Association of Orange County (BIAOC) spoke
in support of sending item 8 back to the Planning Commission.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 28.
5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6. Minutes from the Regular and Special Housing Authority Meetings of December 21,
2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
7. Appoint Robert Harvey to the Community Development Commission for a Full -Term
Expiring January 17, 2024 as the Senior Tenant Representative
Department(s): Community Development Agency
Recommended Action: Nominate Robert Harvey for an appointment to the
Community Development Commission for the vacant Senior Tenant Commissioner
seat; nominated by the Community Development Agency.
8. Adopt Ordinance No. NS-XXXX—ZONING ORDINANCE AMENDMENT NO. 2021-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE WILL OF CHAPTER
41 OF THE SANTAANA MUNICIPAL CODE REGARDING THE HOUSING
OPPORTUNITY ORDINANCE
First reading at the November 16, 2021 City Council meeting and approved by a vote
of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained).
Published in the Orange County Reporter on November 26, 2021.
Continued from the December 7, 2021, December 21, 2021 and January 18, 2022 City
Council meetings.
Department(s): Planning and Building Agency
Recommended Action: Place Ordinance on second reading and adopt.
City Council 6 1/18/2022
MINUTES: Councilmember Phan requested item to be continued due to pending
Fair Political Practices Commission (FPPC) advice letter and complaint that was
submitted to FPPC.
Moved by Councilmember Phan, seconded by Councilmember Lopez to
Continue item to the February 15, 2022 council meeting.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
9. Receive and File — Fiscal Year 2020-21 Annual Comprehensive Financial Report,
Related Audit Reports, and Measure X Agreed -Upon -Procedures Report
Department(s): Finance and Management Services
Recommended Action: Receive and file the following audited and separately issued
reports for the Fiscal Year Ended June 30, 2021:
1. The Auditor's unmodified "clean" opinion letter for the fiscal year 2020-21 Audited
Financial Statements included in the Annual Comprehensive Financial Report (ACFR)
2. Government Auditing Standards (GAS) Letter
3. Governance Letter
4. Air Quality Management District (AQMD) Audited Financial Statements
5. The Auditor's report on the Appropriations Limit (GANN Limit)
6. The Auditor's report on compliance with the Statement of Investment Policy
7. Measure X Agreed -Upon -Procedures Report
10. Approve an Appropriation Adjustment and CIP Amendment for the Downtown Flood
Reduction and Stormwater Infiltration Project (Project No. 22-6622) (Non -General
Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022-102) to
recognize $3.8 million in Proposition 68 Urban Flood Protection grant funding from
the California Natural Resources Agency into the PWA Enterprise Capital Grants,
State Grant -Direct revenue account and appropriate the same amount into the CNRA
Urban Flood Protection, Improvements Other Than Building expenditure account.
(Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
to include $3.8 million in funding from the Proposition 68 Urban Flood Protection
Grant Program for the Downtown Flood Reduction and Stormwater Infiltration Project.
City Council 7 1/18/2022
11. Approve an Appropriation Adjustment and Additional Contingency Funds in the
Amount of $368,825 for an Existing Construction Contract with Lucas Builders, Inc. for
the Citywide Sewer Main Improvements Phase II Project with an Estimated Project
Delivery Cost of $2,117,835 (Project No. 19-6426) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022-099) to
recognize $338,825 from prior -year fund balance in the Sanitary Sewer Capital Fund,
Prior Year Carryforward revenue account, and appropriate the same amount to the
Capital Recovery Charges, Improvements Other Than Buildings expenditure account.
(Requires five affirmative votes)
2. Authorize the reallocation of $30,000 in unspent Measure M2 Local Fairshare
funds, $30,000 from Flower Street Safety Enhancements (Project 17-6897) to
Citywide Sewer Main Improvements Phase II (Project No. 19-6426) to complete the
funding needed for project delivery.
3. Approve an amendment to the Project Cost Analysis in the amount of $368,825 in
additional contingency funds, for a total estimated construction delivery cost of
$2,117,835, which includes $1,399,208 for the construction contract, $209,802 for
contract administration, inspection and testing, and a $508,825 project contingency
for unanticipated or unforeseen work, subject to non -substantive changes approved by
the City Manager and City Attorney.
4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
to include $368,825 in construction funds for Citywide Sewer Main Improvements
Phase II (Project No. 19-6426).
12. Approve Appropriation Adjustment, Lease and License Agreement with Greyhound
Lines, Inc., to Extend the term One Year, from February 1, 2022, through January 31,
2023, for a total amount of $87,966
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022-103) to
recognize Fiscal Year 2021-22 lease income in the amount of $28,340 in the Public
Works-SARTC Operations, Rental -Greyhound Lines, Inc., revenue account and
appropriate the same amount in the Public Works-SARTC Operations, Contract
Services -Professional expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a second amendment to the site license
agreement with Greyhound Lines, Inc., for the rental of two bus bays, and extend the
term for a one-year period from February 1, 2022, to January 31, 2023, at a monthly
rate of $3,000 for the first six months and at a monthly rate of $5,498 from August 1,
2022 to January 31, 2023, for a total amount of $50,988, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2022-
XXX).
3. Authorize the City Manager to execute an amendment to the site lease agreement
City Council 8 1/18/2022
with Greyhound Lines, Inc. for rental of interior office space and extend for a one-year
period from February 1, 2022, to January 31, 2023, at a monthly rate of $2,668 for the
first six months and at a monthly rate of $3,495 from August 1, 2022, to January 31,
2023, for a total amount of $36,978, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement Nos. 2022-001 and 2022-002
were approved.
13. Approve Appropriation Adjustment Recognizing Additional National Dislocated
Worker Grant — Employment Recovery Funds to Provide Employment Training and
Support Services to Individuals Impacted by the Pandemic (Non -General Fund)
Department(s): Community Development Agency
Recommended Action: Approve an appropriation adjustment (2022-100)
recognizing additional National Dislocated Worker Grant, Employment Recovery
funds from the State of California, Employment Development Department to provide
re-employment and training services to individuals impacted by COVID-19 in the
amount of $160,000 in revenue account (no. 12318002-52009) and appropriating
same to expenditure account (nos. 12318762-various). (Requires five affirmative
votes)
MINUTES: Assistant City Manager / Executive Director of Community
Development Agency Steven Mendoza provided a brief presentation.
Moved by Councilmember Lopez, seconded by Councilmember Mendoza to
Approve.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
14. Amend a Blanket Order Contract with Professional Access CCTV & Electrical in an
Amount not to Exceed $700,000 Annually for Implementation of Additional Security
Measures on an As -Needed Basis (Specification No. 21-084) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Amend a blanket order contract for implementation of
additional security measures and maintenance repair services with Professional
Access CCTV & Electrical in the amount of $675,000 plus a contingency of $25,000,
City Council 9 1/18/2022
for a total amount not to exceed $700,000 annually, for a one-year period beginning
September 1, 2021, and expiring August 31, 2022, with provisions for two, one-year
renewal options exercisable by the City Manager, subject to non -substantive changes
approved by the City Manager and City Attorney.
15. Approve a Blanket Order Contract for an annual amount of $53,000 with Cintas
Corporation for Uniform Rental & Cleaning Services (Specification No. 22-006)
(General and Non -General Fund)
Department(s): Finance and Management Services
Recommended Action: Approve a Blanket Order Contract with Cintas Corporation
for an annual amount not to exceed $53,000 for the period of April 1, 2022 through
March 31, 2023, with an option for additional four one-year renewals, subject to non -
substantive changes approved by the City Manager and City Attorney.
MINUTES: Councilmember Phan recused herself from items 15 due to a conflict of
interest and out an abundance of caution
16. Award a Purchase Order to Wondries Fleet Group for Three Ford Police Interceptor
K-9 Utility Vehicles in the Amount of $126,616 (Specification No. 21-094) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase
order to Wondries Fleet Group for the purchase of three Ford Police Interceptor K-9
Utility vehicles for the Santa Ana Police Department, for a total amount not to exceed
$126,616, subject to non -substantive changes approved by the City Manager and City
Attorney.
17. Approve a Three -Year Agreement with Advanced Technology Information
Management Systems in the Amount of $268,223 for Jail Management System
Maintenance (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with
Advanced Technology Information Systems for software maintenance and customer
support, for the period of January 18, 2022 through December 18, 2024, in an amount
not to exceed $268,223 (including a $238,223 base agreement amount and a
$30,000 contingency), subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-003 was approved.
18. Amendment Agreement with Blueray Management, LLC for Management and
Operation Services of the Aquatics Programs at City Pools (General and Non -
General Fund)
City Council 10 1/18/2022
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Blueray Management, LLC for the operation services of the aquatics
program at City pools to include maintenance of the pools and increase the
compensation by $263,060, for an annual amount not to exceed $432,527, which
includes a 10% contingency, for the final term of their agreement from February 1,
2022 through January 31, 2023 and a total agreement amount not to exceed
$771,461 over the total term of the agreement from February 1, 2020 through January
31, 2023, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-004 was approved.
19. Approve a Second Amendment to Agreement with E Source Companies, LLC
(formerly known as UtiliWorks Consulting, LLC) for Utility Billing Software Upgrade
Program Management for an Amount not to exceed $45,936, Which Includes a
General Contingency of $4,176 (Non -General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a second
amendment to an agreement with E Source Companies, LLC (formerly known as
UtiliWorks Consulting, LLC) for project management related to the City's utility
customer service and billing system upgrade in a base amount of $41,760 and a
general contingency amount of $4,176, for a total amount not to exceed $45,936
subject to non -substantive changes approved by City Manager and City Attorney
(Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-005 was approved.
20. Approve a Third Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to One Additional
Month (Non -General Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a third
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 month through February 28, 2022, at the per diem rate of $135 per guest
for an additional amount not to exceed $378,000 and a total aggregate amount not to
exceed $2,178,000, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2022-XXX).
2. Authorize the City Manager to execute a third amendment to the funding agreement
City Council 11 1/18/2022
with Illumination Foundation to pay $135 per diem for up to 100 guests, at an amount
not to exceed $378,000, and a total aggregate amount not to exceed $2,178,000, of
additional ESG-CV funds to extend the operation of the shelter at the Fullerton
Recuperative Care Center, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2022-XXX).
MINUTES: Councilmember Phan recused herself from items 15 due to a conflict of interest
and out an abundance of caution
This consent Item - Core Agreement No. 2022-006 was approved.
21. Approve a Second Amendment to Salvation Army Agreement to Extend the
Operation of a Temporary Shelter at the Hospitality House for One Month (Non -
General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. A second amendment to the agreement with Salvation Army for the operation of a
temporary shelter at the Hospitality House, extending the term for an additional month
at the amount of $130,000 per month, for a total aggregate amount not to exceed
$1,040,000, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2022-XXX).
2. A second amendment to the funding agreement with Salvation Army to use
$130,000 per month of additional ESG-CV funds to operate the shelter at the
Hospitality House, for a total aggregate amount not to exceed $1,040,000, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
MINUTES: This consent Item - Core Agreement No. 2022-007 was approved.
22. Approve Agreements with Vicon Enterprises, Inc. and Superior Hot Tapping Services,
Inc. for On -Call Welding Services, for a Total Amount not to Exceed $500,000, for up
to a Five -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with
Vicon Enterprises, Inc. and Superior Hot Tapping Services, Inc. to provide on -call
welding services, for a three-year term beginning January 18, 2022 and expiring
January 17, 2025, with provisions for one, two-year renewal period exercisable by the
City Manager and City Attorney, with a shared aggregate amount not to exceed of
$500,000, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
City Council 12 1/18/2022
MINUTES: This consent Item - Core Agreement No. 2022-008 was approved.
23. Approve Agreements with KDC Systems, Trimax, and Instrument Control Services for
Water Resources Control Panel Building Services for a Total Amount not to Exceed
$750,000 for up to a Five -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with
KDC Systems, Trimax, and Instrument Control Services to provide control panel
building services, for a three-year term beginning January 18, 2022, and expiring
January 17, 2025, with provisions for one, two-year renewal period exercisable by the
City Manager and City Attorney, with a shared aggregate amount not to exceed of
$750,000, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Core Agreement No. 2022-009 was approved.
24. Approve an Agreement with Focus Media Group Focus Media Group, Inc. to Install,
Repair, and Maintain Bus Stops/Shelters and Kiosks throughout the City, for a Ten -
Year Term
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Focus Media Group, Inc. to install, repair, and maintain bus stops/shelters and kiosks
throughout the City, and to share advertising revenue from bus stops/shelters and
kiosks, for a ten-year period beginning no later than February 17, 2022, and ending
February 16, 2032, with an option to extend for a period of five years, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-XXX).
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Mendoza to
Approve.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
MINUTES: Council provided input to city staff.
Councilmember Hernandez supports providing a directory for resources for COVID,
City Council 13 1/18/2022
rental assistance, etc. at bus stops/shelters. Requested to get an e-mail listing the
advertisements that are not allowed at bus stops.
This consent Item - Agreement No. 2022-010 was approved.
25. Resolution Authorizing Proposals for Funding from the Department of Water
Resources for the Rousselle Street Flood Protection Project and the Warner Avenue
Flood Protection Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution authorizing
proposals for funding from the Department of Water Resources Proposition 68
Floodplain Management, Protection, and Risk Awareness Grant Program for the
Rousselle Street Flood Protection Project and the Warner Avenue Flood Protection
Project.
MINUTES: This consent Item - Resolution No. 2022-001 was approved.
26. Resolution Accepting the Donation of a Police K-9 Animal from Johanna Scillieri for
the Santa Ana Police Department K-9 Program
Department(s): Police Department
Recommended Action: Resolution No. 2022-XXX— Adopt a resolution accepting
the donation of a Police K-9 animal from Johanna Scillieri for the Santa Ana Police
Department's K-9 Program.
MINUTES: This consent Item - Resolution No. 2022-002 was approved.
27. Resolution Condemning the Recent Rise in Antisemitic Violence and Harassment
Targeting Jewish People, and Standing in Solidarity with those Affected by
Antisemitism
Department(s): City Manager Office
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution condemning
the recent rise in antisemitic violence and harassment targeting Jewish people, and
standing in solidarity with those affected by antisemitism.
MINUTES: This consent Item - Resolution No. 2022-003 was approved.
28. Consider Approving the Continued Use of Teleconferencing for Meetings of City
Council and all Boards, Committees, and Commissions Pursuant to the Provisions of
City Council 14 1/18/2022
Assembly Bill 361
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022-XXX—Adopt resolution to consider
continuing the use of teleconferencing for the meetings of City Council and all boards,
committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the
next 30 days.
MINUTES: This consent Item - Resolution No. 2022-004 was approved.
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Mendoza to
Approve Consent Calendar items 5-28 with the exception of 13, and
24. Councilmember Phan recused herself from items 15 and 20 due to a conflict of
interest and out an abundance of caution.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra, Mayor
Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0-0-0— Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
29. Review the City Council Standing Subcommittees Interest List and Appoint Members
Department(s): Clerk of the Council Office
Recommended Action: Review the City Council Standing Subcommittees interest
list and appoint members to serve as representatives to the Public Safety and
Homelessness Standing Subcommittee and the Legislative Standing Subcommittee
through December 2022 per Resolution No. 2021-089.
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to
Appoint Mayor Pro Tern Bacerra, Councilmember Hernandez and
Councilmember Mendoza to the Public Safety and Homelessness Standing
Subcommittee; and appoint Mayor Sarmiento, Councilmember Lopez, and
Councilmember Penaloza to the Legislative Standing Subcommittee.
City Council 15 1/18/2022
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
30. Fiscal Year 2021-2022 General Fund -First Quarter Budget Update
Continued from the December 21, 2021 City Council Meeting.
Department(s): Finance and Management Services
Recommended Action: 1. Receive and file the fiscal year 2021-2022 General Fund
- First Quarter Budget Update, including the increased sales tax and property tax
estimates (Exhibit 1).
2. Amend the fiscal year 2021-2022 budget to add one position funded by the Water
enterprise within the Finance and Management Services Agency (Exhibit 2) and
approve a $42,720 Appropriation Adjustment to fund the position for the remainder of
FY21-22. (Requires five affirmative votes)
3. Approve one-time General Fund Appropriation Adjustments totaling $26,205,000
described in detail below and in Exhibit 4 for fiscal year 2021-2022. (Requires five
affirmative votes)
4. Approve recurring General Fund Appropriation Adjustments totaling $3,216,900
described in detail below and in Exhibit 4 for fiscal year 2021-2022, which includes
funding for three positions in the Community Development Agency (Exhibit 2), City
Clerk's Office, and City Attorney's Office. (Requires five affirmative votes)
5. Resolution No. 2022-XXX—Adopt a resolution amending the current Fiscal Year
2021-2022 Annual Budget to add one full-time position in the Finance and
Management Services Agency and one full-time position in the Community
Development Agency (Exhibit 2).
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and direction provided to staff.
Councilmember Phan accepted Councilmember Hernandez' friendly amendment
to approve recommended action as is. Asked staff to have co -sponsored events or
at least events where the city has sponsorships to help address the costs.
This consent Item - Resolution No. 2022-005 was approved.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tern Bacerra to
City Council 16 1/18/2022
approve a Substitute Motion to amend recommended action to remove
contracted administrative support for city council for the remaining fiscal year
in the amount of $210,000 along with the future recurring cost.
YES: 3 — Mendoza, Penaloza, Bacerra
NO: 4 — Hernandez, — Lopez, — Phan, — Sarmiento
ABSTAIN: 0
ABSENT:0
Status: 3-4-0-0 —Fall
Moved by Councilmember Phan, seconded by Councilmember Hernandez to
Approved recommended action.
YES: 6 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Sarmiento
NO: 1 — Bacerra
ABSTAIN: 0
ABSENT:0
Status: 6 — 1 —0-0 —Pass
**END OF BUSINESS CALENDAR"
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on each of
the Public Hearing items.
31. Hold Fifth Public Hearing Regarding Redistricting Ward Boundaries
Resolution of Intention No. 2021-060 published in the Orange County Register on
October 23 and 30, 2021
Department(s): Clerk of the Council
Recommended Action: Open and Close the fifth public hearing seeking input
regarding the content of the draft map(s).
MINUTES: Mayor Sarmiento opened the public hearing at 7:10 p.m.
Redistricting Partners consultant Paul Mitchell provided a brief presentation.
The following in -person speakers provided comment:
Victor Mendez provided input regarding voting data.
Oscar Reyes urged council to select Santa Ana Goals map #86566 also known as
Santa Ana Goals for the various reasons mentioned.
City Council 17 1/18/2022
Clerk of the Council Daisy Gomez reported out on correspondence received.
Dale Helvig provided information to help aid in selecting a map.
Carl Benninger supported map #86566.
Araceli provided information for community of interest for her area First
Street/Chestnut Avenue/Main.
Alejandro Luciano provided information for community of interest for the area
around First Street/McFadden/Flower/Broadway.
George Collins in support of draft map #86566
Rosa Ramirez provided community of interest for the area around McFadden/First
Street/Main Street/Bristol Street
Martin Zambrano supported draft map #86566.
Alexander Garcia supported draft map #86566.
The following Zoom participants provided comment:
Dale Helvig provided input for the process of selecting a map that is fair for the next
10 years.
Patricia DeSantos described her community of interest for the South Coast Metro
area. In favor of using a horizontal map to keep a cohesive community. Supports
draft map #86566.
Karen Alvarado representing Orange County Congregation Community
Organization (OCCCO) spearheading coalition regarding maps. The
coalition urged council to select maps submitted by the Santa Ana Redistricting
Coalition, which have not been made public, and asked council to extend the map
adoption beyond the February 1, 2022 deadline.
Maria Valencia representing OCCCO described her community of interest
First/Grand and asked council to extend the map submitted by the coalition and
extend the map adoption beyond the February 1, 2022 deadline.
Biff Baker member of OCCCO described his community of interest in historic
downtown Santa Ana. Supports maps submitted by the Santa Ana Redistricting
Coalition and extend the map adoption beyond the February 1, 2022 deadline.
Blanca Ruelas, member of OCCCO, described community of interest, around
Flower Street. Requested council to consider the two maps submitted by the Santa
Ana Redistricting Coalition. Asked council to consider extending the deadline for
map adoption.
City Council 18 1/18/2022
Nathaniel Greensides thanked City Clerk and her staff for making this
available to the public. Expressed concern with Santa Ana Goals 2021 also known
as Plan E.
Nancy Murphy spoke in support of draft map # 86566. Thanked the staff of Santa
Ana for hearing their opinion.
Ana Charco with the Santa Ana Redistricting Coalition spoke regarding
communities of interest in Vietnamese residents, mobile home parks in the western
area of Santa Ana, environmental concerns in the east area of Santa Ana and mid -
city of Santa Ana and asked council to extend the map adoption deadline.
Irene Bautista member of OCCCO described her communities of interest, Latino
immigrants, low income and mixed status families and asked council to extend the
map adoption deadline to allow for additional input.
Kayla Asanta member of Santa Ana Redistricting Coalition described her
community of interest as it pertains to the district map needs to be vertical past
Dyer, Cedar Street/Madison Park communities need to be kept together. Also,
spoke regarding support for the Vietnamese community/mobile home park being
kept together located in the western part of the city.
Council discussion ensued and direction provided.
Mayor Pro Tem Bacerra provided input for consultant drawn maps. Thanked all
those in the community who submitted maps and expressed importance of
community drawn maps. Expressed that map # 86566, which is closest to the
desires of councilmembers and community members, be considered. Thanked the
clerk and her staff for their work.
Councilmember Hernandez expressed support of maps A and A2.
Councilmember Mendoza expressed concern over the continued use of prison
population data. Thanked those that submitted maps including the consultant and
community maps. Provided input on requirements as it pertains to various maps for
the record. Noted that map 86566 Santa Ana Goals 2021 meets requirements she
had mentioned.
Councilmember Lopez inquired if the maps are legally compliant. Thanked clerk's
office and Redistricting Partners for all the work that has gone into the redistricting
process. In support of more time to the process. Supports Plan A and Plan A2 and
will consider additional maps submitted by residents.
Redistricting Partners consultant Paul Mitchell responded regarding legal
compliance and criteria. As to legal requirements for incumbency and contiguity he
wanted legal counsel to weigh in. Noted that maps with a letter assigned are legal
maps.
City Council 19 1/18/2022
Sonia Carvalho noted consultant hired to prepare these maps. Noted if there are
maps that want to be proposed and after consultant has reviewed, then legal will
review and render a legal opinion. If the consultant has elevated maps to a review
level, the consultant has reviewed for legality as well.
Councilmember Penaloza thanked the community for their participation. Wants to
see some community submitted drafts elevated to a proper draft number, which
would be 86656. Not supportive of maps cutting through neighborhoods, as in one
of the Viet Rise maps. Should run along major corridors to keep neighborhoods
intact. Provided input regarding data. Noted the various neighborhoods that should
be kept intact.
Councilmember Phan thanked the community and Redistricting Partners for the
participation. Is in support of removing all maps (consultant and non -consultant
maps) that do not have an Asian plurality district. Councilmember Phan motioned,
not seconded after discussion.
Mayor Sarmiento inquired if a majority council could not agree to a map by a 213
votes what would be the next step.
Redistricting Partners consultant Paul Mitchell noted that the Fair Maps Act does
not require a vote threshold requirement. If a decision could not be made on April
17, 2022, then on April 18, 2022 any member of public could ask a court to take
redistricting from the city council at which time it is unknown what steps will be taken
by the court.
Clerk of the Council Daisy Gomez noted that the city charter requires a 213 votes.
Sonia Carvalho wants to know for certain the current maps meet a threshold
requirement. State law does not preempt the charter. Charter can make
requirements that are stricter than state law and this is what the voters have done.
Mayor Sarmiento is supportive of draft map A and A2 and provided input for areas
to consider such as neighborhoods that have a historic element.
Councilmember Mendoza clarified for the record that constituents requested for the
following to stay together: asian plurality, south, north, Sullivan neighborhood, Delhi
neighborhood. And have one member per ward. Also, provided input for map A and
A2 regarding Asian plurality.
Mayor Pro Tem Bacerra inquired about the deadline.
Clerk of the Council Daisy Gomez described the process for approving maps.
Redistricting Partners consultant Paul Mitchell noted April 17, 2022 is the state
deadline, not the county registrar deadline. They will allow time after that deadline
for the files to get to them.
City Council 20 1/18/2022
Councilmember Penaloza expressed concern with draft map A2. Requested to
keep downtown district together. Asked consultant to keep together the business
districts, and keep in mind that new apartment units that will change the population
in those areas. Asked consultant to consider the Transit Zoning Code and keep in
mind the entire area east of Main Street.
Redistricting Partners consultant Paul Mitchell explained his staff was balancing
data in each map as an option, and the chosen trade-offs, such as asking for a map
to be redrafted with certain amendments. Noted in map A2, the downtown area is not
split, it might be disconnected from other neighborhoods that also consider
themselves part of the greater downtown neighborhood.
Councilmember Phan expressed the following maps be elevated: 77539, 77567,
87613, 86566, and two maps recently submitted by coalition that have Asian
plurality district along with draft map A2, which also has an Asian plurality district. In
addition, inquired about, the prison population.
Redistricting Partners consultant Paul Mitchell clarified the use of the Citizen Voting
Age Population (CVAP) and the prison population adjustment data (PPA). Noted
that it is required by law that the top data set, known as point data or moment in time
for the decennial census that is used to determine how big each of your wards are, is
always going to be the prison adjusted data set. The top data set will always be the
PPA data. It has to be by law based on the Fair Maps Act.
Councilmember Phan requested to include an overlay showing the communities,
such as the Sullivan community and South Coast Metro Community, to be included
on the maps requested above.
Redistricting Partners consultant Paul Mitchell clarified that all maps need to be
kept for the next ten years, however, as requested will elevate maps that meet the
Asian plurality. Thus, noted to retain A2, D, E, and three additional maps mentioned
by Councilmember Phan to be elevated if they meet the criteria and give them
lettered designations for the next hearing. Councilmember Phan also requested to
review the Santa Ana Coalition maps to be elevated if they meet the criteria.
Mayor Pro Tern Became asked that data for 86566 be clarified.
The redistricting matter will be placed on subsequent agendas to be discussed at 7
p.m, at upcoming council meetings.
Mayor Sarmiento closed the public hearing at 9:13 p.m.
After item 31, council took items 32 and 8 out of order followed by item 4.
32. Public Hearing -Final Recirculated Program Environmental Impact Report No. 2020-
03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update
Legal Notice published in the Orange County Reporter on November 26, 2021 and
notices mailed on November 19, 2021.
City Council 21 1/18/2022
Continued from the December 7, 2021, December 21, 2021 and January 18, 2022
City Council meetings.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022-XXX— Adopt a resolution certifying
Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No.
2020029087), including adoption of environmental findings of fact pursuant to the
California Environmental Quality Act, adoption of a Statement of Overriding
Considerations, and adoption of a Mitigation Monitoring and Reporting Program.
2. Resolution No. 2022-XXX— Adopt a resolution approving General Plan Amendment
No. 2020-06.
3. Resolution No. 2022-XXX —Adopt a resolution of findings to overrule the John
Wayne Airport Orange County Airport Land Use Commission's determination that the
Proposed General Plan Update is inconsistent with the Airport Environs Land Use
Plan. This action requires a minimum of five affirmative votes.
MINUTES: City Attorney Carvalho provided council a status update on Fair
Political Practices Commission (FPPC) advice letter and on a formal complaint
submitted to FPPC.
Moved by Councilmember Phan, seconded by Councilmember Lopez to
Continue item to February 15, 2022.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
33. Public Hearing — Proposed City of Santa Ana Events Permit Policy and Amendments
to the Fiscal Year 2021-2022 Miscellaneous Fees Resolution specific to Film Permits
and Park Facility Permits
Legal Notice published in the Orange County Reporter on January 7, 2022 and
January 14, 2022.
Department(s): Parks, Recreation, and Community Services
Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution
approving the proposed Events Permit Policy, including park facility permits, film
permits, land use certificate, and special event permits.
2. Resolution No. 2022-XXX— Adopt a resolution amending fees in the Uniform
Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-22 specific to film permits
City Council 22 1/18/2022
and park facility permits.
MINUTES: Mayor Sarmiento opened the public hearing at 10:47 p.m.
Council discussion ensued and direction provided to staff.
Executive Director of Parks, Recreation, and Community Agency Lisa
Rudloff and Recreation and Community Services Manager Timothy
Pagano addressed council regarding the fee schedule.
Councilmember Hernandez recommended to add language to the policy as part of
the motion.
Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff said
that Councilmember Hernandez' language can be added to the policy. Permit fee
will be waived for the neighborhood association.
Seeing there were no speakers, Mayor Sarmiento closed the public hearing at
10:58 p.m.
This Business Item - Resolution Nos. 2022-006 and 2022-007 were approved.
Recessed the Council meeting and convened to the Successor Agency meeting at
10:59 p.m.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tern Bacerra
to Adopt as amended to add to Page 2 section 2.0 of the policy the following
language: to have the city staff liaison work with the city recognized
neighborhood associations to accommodate facilities for monthly meetings
and special events, city recognized neighborhood associations should not be
charged fees to utilize city owned facilities for meetings and/or city owned
and/or controlled property for special events. Other fees may apply for special
events depending upon other special factors, such as attendance utilize
private security or Santa Ana Police Department traffic controlled
concessions/alcohol service, etc., and would like to see neighborhood
associations prioritized and accommodate them.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra,
Mayor Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
City Council 23 1/18/2022
COUNCILMEMBER REQUESTED ITEMS
34. Discuss and Consider Directing City Manager to Direct Staff to Explore a Policy
Relating to Commemorative or Honorary Street Names — Councilmember Hernandez
MINUTES: Majority of council supports and provided direction to City Staff.
CITY MANAGER COMMENTS
MINUTES: Wished all a happy first meeting of the new year.
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez thanked the residents who attended this meeting.
Expressed excitement that his colleagues unanimously supported the honorary street name.
Expressed that he is happy that Juneteenth now has a home and a celebration that the City of Santa
Ana is behind. Thanked his colleagues for their support and wants to remind everyone to please wear
masks and please get vaccinated. Offered condolences and echo demands for justice for Valentina
Orellana-Peralta.
Council Member Lopez thanked Pastor Doan for today's words of inspiration. Spoke on the purpose
of the upcoming International Holocaust Memorial Day, January 27. Announced her upcoming office
hours. Expressed her condolences to the Segerstrom family in the memory of Ruth Ann Segerstrom.
Council Member Mendoza wished everyone a happy new year.
Council Member Phan thanked staff for their work with the sunshine ordinance changes. She
echoed Council Member Lopez' sentiments on anti-Semitic violence. Spoke on the rise in violence
and hate crime during the pandemic towards the Asian and Jewish communities. Wished all a Happy
Martin Luther King day. Noted it is a day of reflection for her and thinking about his work.
Council Member Penaloza invites everyone to a historic community meeting Saturday, January 22,
2022, 9:00 a.m. at Centennial Park. There will be a community meeting to start brainstorming the
future of the first dog park of the City of Santa Ana.
Mayor Pro Tem Bacerra thanked council for adjourning tonight's meeting in the memory of two long-
term Santa Ana residents that passed away recently, Antoinette Louise Christenson and Ruth Ann
Segerstrom Moriarty. Thanked Johanna Scillieri for her donation of a police K-9 police dog. Thanked
the Public Works Director Nabil Saba for his help after hours. Thanked Public Works Agency
Management Aide Yasmin Vazquez for her work on the winter village. Announced his monthly
community hours. Wished everyone a happy new year and looks forward to great things on the
council this year.
City Council 24 1/18/2022
Mayor Sarmiento thanked the community members that came to the meeting tonight, thanked the
staff for their hard work. Spoke regarding the school sub -committee. Adjourned in memory of Ruth
Ann Segerstrom Moriarty and Antonette Louise (Bottari) Christensen.
ADJOURNMENT —Adjourn the City Council meeting and convene to the Special Successor
Agency meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:16 p.m.
Adjourn in memory of Ruth Ann Segerstrom Moriarty
and
Antonette Louise (Bottari) Christensen
City Council 25 1/18/2022
SPECIAL SUCCESSOR AGENCY
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Phil Bacerra
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Mayor Sarmiento called the Special Successor Agency meeting to order at
10:59 p.m.
PUBLIC COMMENTS — Members of the public may address Successor Agency on items
on the Special Successor Agency Authority agenda.
MINUTES: No public comments on Successor Agency items.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 1 through 3.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Minutes from the Special Successor Agency Meeting of January 19, 2021
Department(s): Clerk of the Council Office
City Council 26 1/18/2022
Recommended Action: Approve minutes.
3. Recognized Obligation Payment Schedule for the Period of July 1, 2022 through June
30. 2023
Department(s): Community Development Agency
Recommended Action: Resolution No. 2022-XXX —Adopt a resolution approving the
Recognized Obligation Payment Schedule for the period of July 1, 2022 through June
30, 2023 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.
MINUTES: This consent Item - Resolution No. 2022-001 was approved.
Moved by Councilmember Mendoza, seconded by Mayor Sarmiento to Approve.
YES: 7 — Hernandez, Councilmember, — Lopez, Councilmember, — Mendoza,
Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra, Mayor
Pro Tem, — Sarmiento, Mayor
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0-0-0— Pass
**END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
MINUTES: None.
ADJOURNMENT —Adjourn the Successor Agency meeting.
MINUTES: Mayor Sarmiento adjourned the Special Successor Agency meeting and
reconvened to the Open Regular Meeting at 11:00 p.m. to consider Councilmember
requested items, City Manager comments, and Councilmember comments.
City Council 27 1/18/2022