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HomeMy WebLinkAbout2022-04-05 Regular and HAMinutes of the Regular and Housing Authority Meeting of the City Council City of Santa Ana, California rt 09 z April 05, 2022 SPECIAL CLOSED SESSION MEETING - 5:00 pm 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 SPECIAL 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 Special Closed session meeting to order at 5:00 p.m. City Council 1 4/5/2022 ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Pro Tem Bacerra joined the closed session meetings at 5:17 p.m. and Councilmember Mendoza joined at 5:49 p.m. PUBLIC COMMENTS — Members of the public may address the City Council on Special Closed Session items. MINUTES: No public comments on the Special Closed Session item. SPECIAL 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- THREAT OR ANTICIPATED/POTENTIAL LITIGATION pursuant to paragraphs (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Case RECESS — City Council will recess to Regular Closed Session Meeting. City Council 2 4/5/2022 MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the closed session items at 5:01 p.m. RECONVENE Mayor Sarmiento adjourned closed session meetings at 6:11 p.m. and convened to the Regular Open Session. CALL TO ORDER ATTENDANCE CLOSED SESSION Council Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Mayor Pro Tern Phil Bacerra Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:00 p.m. ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Mayor Pro Tem Bacerra joined the closed session meetings at 5:17 p.m. and Councilmember Mendoza joined at 5:49 p.m. Councilmember Phan recused herself from Closed Session items 2 and 3 due to a conflict of interest. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: City Council 3 4/5/2022 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30- 2 022-01248172-C U-M C-CJ C B. City of Santa Ana v. Dyer 18 LLC, United States District Court (Central District of California). Case No. 8:22-cv-00433-DOC-JDE 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN #430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705. Negotiator: City Manager Kristine Ridge Negotiating with: Dyer 18 LLC Terms: Price and terms related to the possible acquisition of property. 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 5:01 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned closed session meetings at 6:11 p.m. and convened to the Regular Open Session. City Council 4 4/5/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:16 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance. WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Sarmiento declaring April as DMV/Donate Life Month. MINUTES: Item 3 taken out of order and considered after item 1, followed by item 2. 2. Proclamation presented by Councilmember Hernandez to Latino Health Access declaring April as National Child Abuse Prevention Month. MINUTES: Item 2 taken out of order and considered after item 3, followed by item 4. 3. Certificate of Recognition presented by Councilmember Lopez to Marytza K. Rubio for her Outstanding Contributions to Literary Arts and to the Artist Community. MINUTES: Item 3 taken out of order and considered after item 1, followed by item 2. 4. Certificate of Recognition presented by Councilmember Mendoza to Fred Flores for his Outstanding Contributions to the Community. MINUTES: Certificate of Recognition presented to Fred Flores and Andre Roberson. City Council 5 4/5/2022 5. Proclamation presented by Councilmember Penaloza and Councilmember Phan declaring April as Sexual Assault Awareness Month. STAFF PRESENTATIONS 6. Homelessness Update MINUTES: City Manager Kristine Ridge provided a brief presentation. Council discussion ensued and comments provided to staff. Councilmember Lopez requested a copy of all invoices paid of all services regarding Carnegie Centre and cost amendments regarding the shelter. Requested to meet with Homelessness Services Manager, requested the original project budget documents. Councilmember Penaloza requested information from staff in regards to new state funding for individuals regarding court order care for individuals with mental health and addiction issues. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. 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. MINUTES: Ivana Unger spoke on closed session item 3. Communications Director of Chispa Hector Bustos spoke on item 38 and urged council to support the ad hoc committees recommended and prepare ordinance police oversight board. Delilah Snell spoke on the Orange County Transit Authority (OCTA) Street Car project. Expressed concern on a past event that took place on Third and Bush and requested no future event permits to take place while OCTA construction is taking place. Invited council to attend a town hall meeting involving all the downtown merchants on Friday, April 8, 2022. Laura Morfin with Santiago Springs Homeowners Association spoke and expressed concern with a reduction on the graffiti budget. Provided suggestions on ways to reduce graffiti. Expressed concern with the types of retail businesses on south Bristol Street. Requested that council and staff be mindful of where certain types of business are established. City Council 6 4/5/2022 Amy Kavanaugh Mason, Managing Director of Peoples, part of Unrivaled Brands spoke on a non -agenda item as the Vice President of Orange County Advocacy Alliance, a cannabis advocacy group, shared their mission statement to council and informed them that their businesses are being impacted as the business climate is changing. Kelly Kruus-Lee spoke on item 38 and urged council to pass ordinance. Expressed concern with Orange County Transit Authority (OCTA) Street Car project affecting businesses and residents. Requested council to urge OCTA to speed up timeline and increase the cleanliness of the project. Victor Mendez spoke on item 36, thanked council for choosing a map, and spoke on the redistricting process. Expressed concern that explicit authority for fiscal oversight is missing from item 38, disagreed with the exclusion of having retired officers on the committee, and is in favor of having the best people serve. Lastly, spoke on subpoena power. Carla Reyna, Community Engagement Manager with Unite Us, spoke on connecting the city with their services and explained platform to council. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Jennifer Rojas, Policy Advocate and Organizer of Orange County with American Civil Liberties Union (ACLU) and spoke on item 38. Biff Baker volunteer with Orange County Congregation Community Organization (OCCCO) spoke in support of item 36 and thanked councilmembers and Mayor Sarmiento for their work in structuring the process in redistricting Santa Ana. Maria Estella Valencia community volunteer with OCCCO spoke in support of item 36 and thanked city staff, mayor and councilmembers for having a robust engagement. Gerson and Angelica Nunez with OCCCO spoke in support of item 36 and thanked city staff, mayor and councilmembers for listening to their concerns and interests as it pertains to map N2. Dale Helvig spoke on item 36 and on the process of keeping neighborhoods intact. Thanked Lisa Rudloff and her team for the Lincoln Street entrance to Santiago Park. Noted that it was interesting that various cities provided input on the Housing Opportunity Ordinance (HOO). Lastly, expressed concern of potential residential project at 2525 Main. Irene Bautista community volunteer with OCCCO spoke in support of item 36 and thanked city staff, mayor and councilmembers for listening to their concerns and interests as it pertains to map N2. Roberto with Resilience Orange County spoke in support of item 38. Spoke on Santa Anita Turf expansion project and expressed support to keep the handball courts. Crain Durfev. Founder of Parents for the Riohts of Developmentallv City Council 7 4/5/2022 Disabled Children, spoke in support of reduction of technology to support and advocate for the mental health of children. Jesus Santana a community organizer supporting the Sullivan community, spoke in support of item 36. Thanked staff, mayor, city council, Santa Ana Redistricting Coalition, and residents who provided comments. Cesar Medina with Sullivan En Accion thanked Mayor Sarmiento, councilmembers and those that worked on the maps. After public comments, item 36 was taken out of order and heard. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 34. 7. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 8. Minutes from the Regular Meeting of March 1, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Minutes from the Special Meeting of March 7, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Special Meeting of March 11, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Minutes from the Regular Meeting of March 15, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 12. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE City Council 8 4/5/2022 CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VI OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO WATER CONSERVATION First reading at the March 15, 2022 City Council meeting and approved by a vote of 6-0-1 (Councilmember Hernandez absent). Published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3016 was approved. 13. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION REGULATIONS First reading at the March 15, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3017 was approved. 14. Approve an Appropriation Adjustment and Award a Construction Contract to Lightning Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project with an Estimated Construction Delivery Cost of $849,348 and a total Project Delivery Cost of $950,000 (Project No. 22-1390) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of $200,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II Project. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $950,000 of funding in American Rescue Plan Funds for the Stormwater Channel Fencing Upgrades Phase II Project. 3. Award a construction contract to Lightning Fence Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $669,348, for construction of the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project, for the term beginning April 5, 2022 and ending upon project completion, and City Council 9 4/5/2022 authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated project delivery cost of $950,000, which includes $669,348 for the construction contract, $55,000 for contract administration, inspection and testing, $125,000 project contingency for unanticipated or unforeseen work, and $100,652 for Design Engineering. MINUTES: Councilmember Phan thanked staff for their hard work on Item 14 and is looking forward to the results and upgrades to the fence. 15. Approve Appropriation Adjustment and Award a Construction Contract to Marina Landscape Inc. in the Amount of $469,000 for the Cabrillo Park Irrigation Renovation Project with an Estimated Project Delivery Cost of $587,000 (Project No. 21-2727) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an appropriation adjustment recognizing revenue received in Fiscal Year 21-22 in the amount of $319,143 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 2021-22 capital operating expenses. (Requires five affirmative votes) 2. Award a construction contract to Marina Landscape Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,000 which includes $469,000 for the construction contract, $71,000 for contract administration, inspection and testing, and a $47,000 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $319,143 in construction funds for the Cabrillo Park Irrigation Renovation Project. 16. Approve Appropriation Adjustments, Budget Reallocation, and Award a Construction Contract to SRK Engineering, Inc. in the Amount of $3,024,538 for the Industrial Streets (Phase 1) Water and Sewer Improvements Project, with an Estimated Project Delivery Cost of $4,050,000.00 (Project Nos. 21-6452 & 21-6456) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize and City Council 10 4/5/2022 utilize remaining bond proceeds from water bonds up to $110,000 of prior -year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward, and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $840,000 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize $175,000 of prior -year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carry Forward revenue account, and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an appropriation adjustment to recognize and transfer $1,200,000 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 5. Award a construction contract to SRK Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,024,538 for construction of the Industrial Streets (Phase 1) Water and Sewer Improvements Project, for the term beginning April 5, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,050,000, which includes $3,024,538 for the construction contract, $453,681 for contract administration, inspection and testing, $150,000 for water engineering, and a $421,781 project contingency for unanticipated or unforeseen work. 7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,325,000 in construction funds for the Industrial Streets (Phase 1) Water and Sewer Improvements Project. 17. Award a Construction Contract to Diamond Construction & Design in the Amount of $738,611 for Construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, with an Estimated Project Delivery Cost of $1,025,924 (Project No. 22-7533) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY City Council 11 4/5/2022 2021-22 Project with a budget of $1,025,924 in Community Development Block Grant (CDBG) funding. 2. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $738,611, for construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, for the term beginning April 5, 2022 and ending upon project completion; and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,025,924, which includes $738,611 for the construction contract, $110,791 for contract administration, inspection and testing, and a $176,522 project contingency for unanticipated or unforeseen work. 18. Award a Construction Contract to Allinone Construction, Inc. in the Amount of $427,051.62 for the City Hall 3rd Floor Tenant Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $576,519.94 (Project No. 22-1401) (General Fund) Department(s): Public Works Agency, Finance and Management Services Recommended Action: 1. Award a construction contract to Allinone Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $427,051.62, for construction of the City Hall 3rd Floor Tenant Improvements Project, for the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $576,519.94, which includes $427,051.62 for the construction contract, $64,058.00 for contract administration, inspection and testing, and $85,410.32 of project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $576,519.94 in construction funds for City Hall 3rd Floor Tenant Improvements Project (Project No. 22-1401). 19. Amend Agreement with Engineering Solutions Services, Inc. for Grant Writing Services by an Additional $75,000 for the Remainder of the Agreement Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Engineering Solutions Services, Inc. for grant writing services, to increase the agreement amount by $75,000, for a total annual amount not to exceed City Council 12 4/5/2022 $182,500 for the remainder of the term, expiring August 15, 2022, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-041 was approved. 20. Authorize a Purchase Agreement in the Amount of $980,000 for Real Property Acquisition for Fairview Bridge Replacement and Street Improvements (Property Owners: Sergio De Leon and Laura De Leon) (Project No. 15-6827) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owners Sergio De Leon and Laura De Leon, for the property acquisition and goodwill (if any) for the real property located at 2507-2509 W. 9th Street (APN 405-213-14) in the amount of $980,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). MINUTES: Council discussion ensued and direction provided to staff. Councilmember Hernandez requested more community outreach. Councilmember Lopez requested staff to reconsider the design and review other means to avoid destruction on housing. Executive Director of Public Works Agency Nabil Saba addressed council regarding how many homes would be removed and confirmed that community outreach was done on the project. This consent Item - Agreement No. 2022-042 was approved. Moved by Voting Member Phan, seconded by Voting Member Mendoza to approve recommended action. YES: 4 — Mendoza, Penaloza, Phan, Bacerra NO: 3 — Hernandez, — Lopez, — Sarmiento ABSTAIN: 0 ABSENT:0 Status: 4-3-0-0 —Pass Moved by Voting Member Hernandez, seconded by Voting Member Sarmiento to approve substitute motion to continue the item and present it at a future meeting after additional outreach is done. City Council 13 4/5/2022 YES: 3 — Hernandez, Lopez, Sarmiento NO: 4 — Mendoza, — Penaloza, — Phan, — Bacerra ABSTAIN: 0 ABSENT:0 Status: 3-4-0-0 —Fail 21. Approve an Agreement with Straightline Communications, LLC for Marketing and Graphic Art Services in an Amount Not to Exceed $600,000, for a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Agreement with Straightline Communications, LLC, to provide as -needed assistance with development of outreach campaigns and collateral materials for performing community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a three-year term beginning April 5, 2022, and expiring April 4, 2025, with a City option of one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-043 was approved. 22. Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, and Contingency Fund Related to the Library's Radio Frequency Identification (RFID) Project (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Invengo America Corporation doing business as FE Technologies to increase the total compensation from $82,284.94 to $101,401.34 to provide two live scanning wands, seven circulation assistant pads, RFID tags, second -year maintenance support, and a contingency fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-044 was approved. 23. Agreement with CM Amusements for Amusement Ride Services at City Events for an Amount Payable to the City of 25 Percent of Gross Revenue Ticket Sales for the Period of April 1, 2022 to March 31, 2025 with Funds to be Deposited in the General Fund Department(s): Parks, Recreation, and Community Services City Council 14 4/5/2022 Recommended Action: Authorize the City Manager to execute an agreement with CM Amusements for amusement ride services at City events for an amount payable to the City of 25 percent of gross revenue ticket sales for the period of April 1, 2022 to March 31, 2025 with funds to be deposited in the General Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-045 was approved. 24. Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Moved by Voting Member Hernandez, seconded by Voting Member Mendoza to approve. YES: 7 — Lopez, Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 —Pass MINUTES: Council discussion ensued and input provided to staff. Councilmember Hernandez requested clarification on key events. This consent Item - Core Agreement No. 2022-046 was approved. 25. Agreement with Patrol Solutions for Security Services at City Events for an Annual Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with City Council 15 4/5/2022 Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-047 was approved. 26. Agreement with Stage Plus, Inc. for Stage Rental Service at City Events for an Annual Amount not to Exceed $158,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $474,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Stage Plus, Inc. for stage rental service at City events for an annual amount not to exceed $158,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $474,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-048 was approved. 27. Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an Agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of $150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). MINUTES: This consent Item - Agreement No. 2022-049 was approved. 28. Agreement with Al Party Rental for Event Equipment Rental Services at City Events for an Annual Amount not to exceed $86,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $258,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Al Party Rental for event equipment rental services at City events for an annual City Council 16 4/5/2022 amount not to exceed $86,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $258,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-050 was approved. 29. Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors. 2. Resolution No. 2022-XXX — Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors. MINUTES: Council discussion ensued and direction provided to staff to incorporate a group and/or partner for a specific event. This consent Item - Resolution Nos. 2022-023 and 2022-024 Moved by Voting Member Sarmiento, seconded by Voting Member Penaloza to approve recommended action and include additional language to allow flexibility for the City Manager to work with sponsors/partners to incorporate them on an event (fiscal/non-fiscal). YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 —Pass 30. Approve Amended and Restated Resolution to Update the Required Language from CalPERS Delegating Authority to the City Manager for Disability Retirement Determinations and Applications and Recognizing an Appeal Process Department(s): Human Resources Recommended Action: Resolution No. 2022-XXX — Adopt a resolution for an amendment to and restatement of Resolution No. 92-061 delegating authority to the City Council 17 4/5/2022 City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members. MINUTES: This consent Item - Resolution No. 2022-025 was approved. 31. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. MINUTES: This consent Item - Resolution No. 2022-026 was approved. 32. Approve a Fourth Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Additional Months (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a fourth 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 four months through June 30, 2022, at the rate of not to exceed $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, 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 fourth amendment to the ESG-CV funding agreement with Illumination Foundation to pay a not -to -exceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, 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 item 32. Councilmember Lopez requested to consider item 32 and item 33 together. Council discussion ensued and provided direction to staff. This consent Item - Agreement Nos. 2022-051 and 2022-052 were approved. Moved by Voting Member Lopez, seconded by Voting Member Mendoza to approve item 32 and 33. City Council 18 4/5/2022 YES: 6 — Bacerra, Hernandez, Lopez, Mendoza, Penaloza, Sarmiento NO: 0 ABSTAIN: 1 — Phan ABSENT:0 Status: 6-0— 1 —0 —Pass 33. Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Families Forward for the operation of a temporary family motel program, extending the term for one additional month through June 30, 2022 and adding $80,000, for a total aggregate amount not to exceed $178,500 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Moved by Voting Member Lopez, seconded by Voting Member Mendoza to approve item 32 and 33. YES: 6 — Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 —Phan Status: 6-0-0— 1 —Pass MINUTES: Councilmember Phan absent from item 33. Councilmember Lopez requested to consider item 32 and item 33 together. Council discussion ensued and provided direction to staff. This consent Item - Agreement No. 2022-053 was approved. 34. Approve a third amendment to Salvation Army agreement to extend the operation of a temporary shelter at the Hospitality House (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute: 1. A third amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for up to four additional months in the amount of $400,000, for a total aggregate amount not to exceed $1,440,00, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). City Council 19 4/5/2022 2. A third amendment to the ESG-CV funding agreement with Salvation Army to use $400,000 to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,440,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement Nos. 2022-054 and 2022-055 was approved. Moved by Voting Member Bacerra, seconded by Voting Member Penaloza to approve Consent Calendar items 7-34 with the exception of 20, 24, 29, 32, and 33. Councilmember Phan recused herself from item 32 and provided comment on item 14. YES: 7— Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7 — 0-0-0 —Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR 35. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $350,000, and by $700,000 Annually for the Remaining Term of the Agreement (General and Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc., for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000, for a total amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Moved by Voting Member Hernandez, seconded by Voting Member Bacerra to approve. City Council 20 4/5/2022 YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 —Pass MINUTES: This business Item - Agreement No. 2022-056 was approved. 36. Introduce Ordinance for First Reading and Adopt a Resolution of City Council Ward Boundaries Map Department(s): Clerk of the Council Office Recommended Action: 1. Accept a report by the City's demographer to provide the metes and bounds description of each City Council ward. 2. Approve first reading of an ordinance establishing new ward boundary lines of the wards of the City of Santa Ana and repealing Ordinance No. NS-2958. 3. Resolution No. 2022-XXX — Adopt a resolution establishing new boundary lines of the wards of the City of Santa Ana. MINUTES: After public comments, item 36 was taken out of order and heard. Clerk of the Council Daisy Gomez introduced the item and provided brief comments. Council discussion ensued and input provided to staff. Councilmember Phan spoke in support of new map and thanked community for participating and colleagues' willingness to compromise. Councilmember Penaloza inquired about the use of ward versus district when describing community and ward numeration. Mayor Pro Tem Bacerra thanked those that have participated in the process to finalize map and inquired when the map becomes effective. City Attorney Sonia Carvalho recommended to leave the language of the ordinance and resolution due to compliance with Fair Maps Act. City Attorney noted that in the future council can pass a resolution with language that suggests for operational purposes these wards can be used. For voter purposes the new lines come into effect on 2022 and 2024. Paul Mitchell concurs with City Attorney. Based on the Fair Map Act the maps cannot be effective until the 2022 or 2024 election. Councilmember Hernandez and Councilmember Lopez not in support of changing City Council 21 4/5/2022 the current numbers of the wards/districts. Direction provided to staff to return with a resolution or policy to how best to address operational procedures. This business Item - Resolution No. 2022-022 was approved. Moved by Voting Member Phan, seconded by Voting Member Penaloza to approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 —Pass 37. Charter Review Ad Hoc Committee Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. MINUTES: Management Assistant Daniel Soto provided a brief presentation. Council discussion ensued. Clerk of the Council Daisy Gomez addressed council regarding deadlines and costs. City Attorney Sonia Carvalho noted she will circulate research regarding mayoral term to the ad hoc committee. Council accepted informational report and provided direction to staff. 38. Police Oversight Ad Hoc Committee Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. MINUTES: Council discussion ensued. Management Assistant Daniel Soto provided a brief presentation. Council accepted informational report and provided input to city staff. Directed staff City Council 22 4/5/2022 to bring item back to a special meeting. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 39. Public Hearing —Adopt a Resolution Approving the Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) (Project No. 15-6827) (Non -General Fund) Legal Notice published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street). MINUTES: Mayor Sarmiento opened the public hearing at 10:27 p.m. Manny Escamillia spoke in support of project. Noted a point of clarification regarding the 2020 mitigated negative declaration of the project. Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Council discussion ensued and input provided to staff. This business Item - Resolution No. 2022-027 was approved. Moved by Voting Member Phan, seconded by Voting Member Sarmiento to approve. YES: 6 — Hernandez, Voting Member, — Mendoza, Voting Member, — Penaloza, Voting Member, — Phan, Voting Member, — Bacerra, Voting Member, — Sarmiento, Voting Member NO: 1 — Lopez, Voting Member ABSTAIN: 0 ABSENT:0 Status: 6 — 1 — 0 — 0 — Pass 40. Public Hearing —Reintroduction of Zoning Ordinance Amendment No. 2021-03 for City Council 23 4/5/2022 First Adoption Reading - 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 Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance Legal Notice published in the Orange County Reporter on March 25, 2022. Department(s): Planning and Building Agency Recommended Action: Approve the first reading of an ordinance repealing and reenacting in its entirety Article WILL of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance. MINUTES: Mayor Sarmiento opened the public hearing at 10:39 p.m. Adam Wood spoke in opposition to item 40. John Hanna with the Southwest Regional Council of Carpenters spoke in support of item 40. Victor Mendez echoed John Hanna's comments. Francisco Gomez spoke in support of local hire. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Council discussion ensued and input provided to staff. Public Hearing was closed. After item 40 was heard, Mayor Sarmiento recessed the City Council meeting and convened to the Housing Authority meeting at 11:09 p.m. Moved by Voting Member Phan, seconded by Voting Member Hernandez to approve item 40. YES: 5 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting Member, — Phan, Voting Member, — Sarmiento, Voting Member NO: 2 — Penaloza, Voting Member, — Bacerra, Voting Member ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0— Pass Moved by Voting Member Bacerra, seconded by Voting Member Penaloza to City Council 24 4/5/2022 approve substitute motion to deny recommended action on item 40. YES: 3 — Mendoza, Voting Member, — Penaloza, Voting Member, — Bacerra, Voting Member NO: 4 — Hernandez, Voting Member, — Lopez, Voting Member, — Phan, Voting Member, — Sarmiento, Voting Member ABSTAIN: 0 ABSENT:0 Status: 3-4-0-0— Fail CITY MANAGER COMMENTS MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:12 p.m. to consider City Manager and Councilmember comments. City Manager Kristine Ridge announced that there is a ribbon cutting ceremony with Parks and Recreation Department on April 9, 2022 at 10 am at El Salvador Park to celebrate new fitness courts and renovated basketball courts. 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 March 17-20, 2022 Councilmember Lopez — 2022 Local Government Commission Policymakers Conference, Yosemite National Park, CA MINUTES: Councilmember Hernandez announced that he will be at El Salvador Park ribbon cutting and will be distributing 30 basketballs to those in attendance. Councilmember Lopez requested to adjourn in memory of Ed Power, a former Floral Park resident. Wished everyone a happy Ramadan to our Muslim community. Wished to acknowledge Library staff during National Library week. Provided a brief report of her attendance to the CivicWell conference on March 17 through March 21 and reported items learned. Councilmember Mendoza requested to adjourn in memory of individuals affected by the mass shooting in Sacramento on Sunday, April 3, 2022 and offer condolences on behalf of the city. Requested future agenda item to have a summary of a plan if there is a mass shooting in Santa Ana and how that event would be handled. Provided input on the various recognitions that were presented at today's council meeting. City Council 25 4/5/2022 Councilmember Phan wished all a good night. Councilmember Penaloza reminded residents of the Wilshire Neighborhood that it is hosting a dumpster day on April 9, 2022 and wished all a good night. Mayor Pro Tem Bacerra announced his monthly office hours at the George Upton all access park at Thornton Park at 10 am on April 9, 2022. Congratulated UFCW bargaining team on reaching a tentative agreement with Albertsons, Vons, Ralphs and Pavilions. Congratulated Floral Park neighborhood for being a finalist for Neighborhood of the year in a nationwide competitive with Neighborhood USA. Wished all a good night. Mayor Sarmiento echoed support of the employees of the grocery store workers and support for the Mayor of Sacramento and those affected by the mass shooting. ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:25 p.m. City Council 26 4/5/2022 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair 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: Chair Sarmiento called the Housing Authority meeting at 11:09 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Item 1. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. MINUTES: None. All Authority Members were present. City Council 27 4/5/2022 **END OF CONSENT CALENDAR** BUSINESS CALENDAR 2. Extension of Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to non - substantive changes approved by the Executive Director and the Housing Authority General Counsel. Moved by Voting Member Hernandez, seconded by Voting Member Sarmiento to approve. YES: 6 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting Member, — Penaloza, Voting Member, — Bacerra, Voting Member, — Sarmiento, Voting Member NO: 0 ABSTAIN: 1 — Phan, Voting Member ABSENT:0 Status: 6-0— 1 — 0 — Pass MINUTES: Authority Member Phan recused herself from Housing Authority item 2, due to a conflict of interest. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 3. Public Hearing - Approve the Housing Authority Annual Plan Legal Notice was published in the Orange County Register and La Opinion on February 23, 2022 and in Nguoi Viet on February 24, 2022. Department(s): Community Development Agency City Council 28 4/5/2022 Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development. 2. Resolution No. 2022-XXX—Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development. MINUTES: Chair Sarmiento opened the public hearing at 11:11 p.m. and seeing there were no speakers, closed the public hearing at 11:12 p.m. Moved by Voting Member Hernandez, seconded by Voting Member Penaloza to approve. YES: 7 — Hernandez, Voting Member, — Lopez, Voting Member, — Mendoza, Voting Member, — Penaloza, Voting Member, — Phan, Voting Member, — Bacerra, Voting Member, — Sarmiento, Voting Member NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the City Council meeting at 11:12 p.m. to consider City Manager and Councilmember comments. City Council 29 4/5/2022