HomeMy WebLinkAbout2022-05-17 RegularMinutes of the Regular Meeting of the City
Council
City of Santa Ana, California
May 17, 2022
SPECIAL CLOSED SESSION MEETING - 4:00 PM
REGULAR OPEN MEETING - 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana. CA 92701
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
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 4:02
p.m.
ROLL CALL
City Council 1 5/17/2022
MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers
were present. Councilmember Penaloza joined the Special Closed Session meeting at
4:05 p.m. and Mayor Pro Tern Bacerra joined the Special Closed Session meeting at
4:14 p.m. Councilmember Hernandez joined the Special Closed Session meeting at 5:00
p.m.
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. Sumon Nicole v. City of Santa Ana, Orange County Superior Court, Case No. 30-
2020-01161215.
2. 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)
• Santa Ana Police Management Association (PMA)
• Service Employees' International Union (SEIU) Full -Time Employees
• Service Employees' International Union (SEIU) Part-time Civil Service Employees
• Service Employees' International Union (SEIU) Part -Time Non -Civil Service
Employees
• Confidential Association of Santa Ana (CASA)
• Santa Ana Management Association (SAMA)
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
Section 54957
Title: Clerk of the Council, City Attorney and City Manager
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.
City Council 2 5/17/2022
MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special
Closed Session item(s) at 4:03 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:25 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 a 5:49
p.m.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the pledge of allegiance.
WORDS OF INSPIRATION Reverend Lee de Leon
MINUTES: Words of inspiration taken out of order after item 1 followed by items 2-3.
CEREMONIAL PRESENTATIONS
Certificate of Recognition presented by Mayor Sarmiento to the Orange County School
of the Arts Ambassador Jazz Orchestra for Outstanding Musical Contributions to the
Community.
MINUTES: Item 1 taken out of order and considered after the Pledge of Allegiance.
2. Proclamation presented by Mayor Pro Tern Bacerra to the Santa Ana Public Works
Agency declaring May 15-21, 2022, as National Public Works Week.
MINUTES: Item 2 considered after the words of inspiration.
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3. Proclamation presented by Councilmember Hernandez and Councilmember Lopez to
Santa Ana Active Streets declaring May 2022, as National Bike Month.
4. Certificate of Recognition presented by Councilmember Lopez to Ernesto Cisneros for
Outstanding Contributions to Children's Literature.
STAFF PRESENTATIONS
5. COVID-19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.
Council discussion ensued and provided comments.
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.
Consent calendar items 8-10 considered out of order. followed by administration of the
oath of office by Clerk of the Council Daisy Gomez to Duane Rohrbacher, Environmental
and Transportation Advisory Commissioner, Jeffrey Katz, Arts and Culture Commissioner,
and Ana Padilla, Community Development Commissioner.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, except for public hearings. Comments for
public hearings will take place after the hearing is opened.
MINUTES: Dale Helvig spoke on children's parade in Norway and its significance to the
country and likened it to the Children's Parade in Park Santiago during Fourth of July
celebrations.
Delilah Snell requested more support for the downtown businesses affected by the Orange
County Transpiration Authority Street Car project and to have councilmembers attend the
next Orange County Transpiration Authority Board meeting on May 23, 2022.
Nancy Collins spoke on item 38 and asked that council consider allocating funds to create
more street infrastructure near Flower and Memory Lane to deal with speeding cars.
Les Hall spoke on item 38 and also supported Nancy Collins recommendations for more
infrastructure to reduce speeding on Flower and Memory Lane.
Leonel Flores spoke on item 9. Defended Santa Ana and asked council to not support or
enable members of council that do not uphold their oath of office.
City Council 4 5/17/2022
Dr. Allen Wu spoke in support of the Parks and Recreation Master Plan and on item 36.
Anna Cecilia Fierro spoke on item 38 and emphasized the need of funds for rehabilitation
in the community.
Mia Verdin spoke on item 38 and the need for youth programs and services in the city.
Irene Cabanas spoke in support of item 14, and thanked Parks director Lisa Rudloff and
Councilmember Hernandez for all their hard work.
Lucia Gonzalez spoke on item 38 and spoke on funding for Santa Ana Police Department
Veronica Gomez spoke on a community event that is going to be held at Centennial Park
on June 26, 2022. Extended an invitation to council members and asked for guidance
regarding cultural events held in the city.
Victor Mendez thanked Mayor Sarmiento and provided various comments allocation of
funds recommended in the city budget.
Paul Sanford spoke on item 38 and also asked for infrastructure to reduce speeding in the
Fisher Park neighborhood.
Clerk of the Council Daisy Gomez reported out on correspondence received.
Lin Lee spoke in support of item 36 and commended council members for this resolution.
Danny Vega spoke on the deteriorating conditions of certain city roads and sidewalks and
asked council to consider these services.
Nathaniel Greensides spoke in opposition of item 11 and spoke in support of item 14.
Luis Sarmiento spoke against item 11 and applauded the youth that provided comments at
the meeting. Spoke in support of item 14.
Karla A. spoke on item 9 and called on council to remove commissioners that do not
represent the city well. Also, spoke on police funding.
Penelope Lopez with Chispa, spoke on item 38 and urged council to support a budget that
meets the needs of the community.
CONSENT CALENDAR
City Council 5 5/17/2022
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 36.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Minutes from the Regular Meeting of April 19, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
8. Appoint Duane Rohrbacher nominated by Councilmember Penaloza as the Ward 6
representative to the Environmental and Transportation Advisory Commission for a
partial -term expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Duane Rohrbacher to the Environmental and
Transportation Advisory Commission representing Ward 6 and administer Oath of
Office.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tern Bacerra to
approve items 8, 9 and 10.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed
Session report out. Clerk of the Council, Daisy Gomez administered the Oath of
Office to Commissioner Duane Rohrbacher.
9. Remove Leonel Flores and Appoint Jeffrey Katz Nominated by Councilmember
Mendoza as the Ward 2 Representative to the Arts and Culture Commission for a
Partial -term Expiring December 13, 2022
Pursuant to SAMC Section 2-326; a board or commission member may be removed
by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Leonel Flores and appoint Jeffrey Katz as the Ward
2 representative from the Arts and Culture Commission and administer Oath of Office
to newly appointed.
City Council 6 5/17/2022
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed
Session report out. Clerk of the Council, Daisy Gomez administered the Oath of
Office to Commissioner Jeffrey Katz.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tern Bacerra to
approve items 8, 9 and 10.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
10. Remove Roy Afusia and Appoint Ana Padilla Nominated by Councilmember
Mendoza as the Ward 2 representative to the Community Development Commission
for a partial -term expiring December 13, 2022
Pursuant to SAMC Section 2-326; a board or commission member may be removed
by the City Council by the affirmative votes of a majority of the Council.
Department(s): Clerk of the Council Office
Recommended Action: Remove Roy Afusia and appoint Ana Padilla as the Ward 2
representative from the Community Development Commission and administer Oath of
Office to newly appointed.
MINUTES: Items 8, 9, and 10 were taken out of order after the Special Closed
Session report out. Clerk of the Council, Daisy Gomez administered the Oath of
Office to Commissioner Roy Afusia.
Moved by Councilmember Penaloza, seconded by Mayor Pro Tern Bacerra to
approve items 8, 9 and 10.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
11. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A POLICY FOR THE USE OF MILITARY EQUIPMENT BY
THE SANTA ANA POLICE DEPARTMENT
First reading at the May 3, 2022 City Council meeting and approved by a vote of 4-2-1
(Hernandez, Lopez dissented and Sarmiento absent).
City Council 7 5/17/2022
Published in the Orange County Reporter on May 6, 2022.
Department(s): Police Department
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Council discussion ensued and input provided to staff.
Mayor Sarmiento recited no on item 11.
Councilmember Hernandez moved to deny item, seconded by Mayor Sarmiento.
This consent Item - Ordinance NS-3020 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to
substitute motion to approve recommended action.
YES: 4 — Lopez, Mendoza, Penaloza, Phan
NO: 2 — Hernandez, — Sarmiento
ABSTAIN: 0
ABSENT: 1 — Bacerra
Status: 4-2-0— 1 — Pass
12. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between January 1, 2022 to March 31, 2022, valued at up to $50,000 for non-public
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
13. Receive and File Quarterly Report of Investments as of March 31, 2022
Department(s): Finance and Management Services
Recommended Action: Receive and file.
14. Adopt a Resolution Approving the Parks, Facilities, Trails and Open Space Master
Plan
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving
the Parks, Facilities, Trails and Open Space Master Plan.
City Council 8 5/17/2022
MINUTES: Council discussion ensued and input and direction provided to staff.
Councilmember Phan requested language that references turning River View
Golf Course into a public open space be added.
Councilmember Penaloza requested staff look into the feasibility of purchasing the
land with railroad tracks that are dormant.
Councilmember Hernandez requested the 10th and flower lot be added as a
potential park space.
Councilmember Lopez recommended adding more skate parks and community
gardens.
Councilmember Mendoza recommended adding more parks closer to the center of
ward 2 in the future.
This consent Item - Resolution No. 2022-038 was approved.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to
Adopt and amend to include language that references turning River View
Golf Course into a public open space..
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
15. Award a Construction Contract to All American Asphalt in the Amount of $2,109,832
for the Local Street Preventative Maintenance Fiscal Year (FY) 2021-22 Project with
an Estimated Project Delivery Cost of $2,778,000 (Project No. 22-6907) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to All American Asphalt,
the lowest responsible bidder, in accordance with the base bid in the amount of
$2,109,832, for construction of the Local Street Preventative Maintenance FY 2021-
22, for the term beginning May 17, 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
$2,778,000, which includes $2,109,832 for the construction contract, $316,500 for
contract administration, inspection and testing, and a $351,668 project contingency
City Council 9 5/17/2022
for unanticipated or unforeseen work.
16. Approve the Second Amendment to the Construction Contract with CJ Concrete
Construction, Inc., to Increase the Contract Amount by $2,000,000 to Perform
Additional Concrete Repairs through the End of Project Completion (Project No.22-
6970) (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the second
amendment to the construction contract with CJ Concrete Construction, Inc., by an
increase of $2,000,000, to perform additional concrete improvements through the end
of project completion, for a new estimated project delivery cost of $3,700,000.
2. Approve the revised Project Cost Analysis increasing Construction Administration,
Inspection, and Testing by $50,000 and the project contingencies by $1,950,000, for a
new estimated project delivery cost of $3,700,000.
17. Amend the Blanket Order Contract for Chain Link Fence Rental/Portable Restroom
Rental in the amount of $50,000 (Specification No. 16-059) (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to amend the annual amount of
the blanket order contract with United Site Service, Inc. for citywide chain link fence
rentals/portable restroom rentals by $50,000 for a new total annual amount not to
exceed $ 285,400, subject to non -substantive changes approved by the City Manager
and City Attorney.
18. Award a Purchase Order to Western Truck Exchange for Two Ford Super Duty F-550
Stake Bed Trucks for the Parks, Recreation and Community Services Agency in the
Amount of $211,278 (Specification No. 22-034) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase
order to Western Truck Exchange for the purchase of two Ford Super Duty F-550
Stake Bed Trucks for the Parks, Recreation and Community Services Agency, in the
amount of $211,278 plus a contingency of $20,000, for a total amount not to exceed
$231,278, subject to non -substantive changes approved by the City Manager and City
Attorney.
19. Award a Purchase Order to Bucher Municipal for One Bucher CityCat V20 Mini Street
Sweeper, to Sweep Bike Lanes, in the Amount of $200,175 (Specification No. 22-
066) (General Fund & Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase
order to Bucher Municipal for the purchase of one Bucher CityCat V20 Mini Street
City Council 10 5/17/2022
Sweeper to sweep bike lanes, in the amount of $185,175, plus a contingency of
$15,000, for a total amount not to exceed $200,175, subject to non -substantive
changes approved by the City Manager and City Attorney.
20. Approve Appropriation Adjustment and Award a Purchase Order to Daktronics, Inc.
for the Purchase of a Scoreboard and Sound System Replacement and Marquee
Retrofit in an Amount Not to Exceed $705,761 (Project No. 22-2753 and 22-1306)
(Non -General Fund and Revive Santa Ana Program)
Department(s): Parks, Recreation, and Community Services
Recommended Action: 1. Approve an Appropriation Adjustment recognizing
revenue received in Fiscal Year 2021-22 in the amount of $358,599 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 2021-2022 capital
operating expenses. (Requires five affirmative votes)
2. Award a one-time purchase order to the Daktronics, Inc. for the purchase of a
scoreboard and sound system replacement and marquee retrofit at the Santa Ana
Stadium in an amount not to exceed $705,761, subject to non -substantive changes
approved by the City Manager and City Attorney.
3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program
to modify the New Stadium Scoreboard and Marquee Projects.
21. Approve an Appropriation Adjustment and Approve an Agreement with Tetra Tech,
Inc. for Engineering Services in an Amount not to Exceed $830,000 for up to a Five -
Year Term (Project No. 19-6496) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Tetra Tech, Inc. for engineering services for pressure control station relocation and
transmission main improvements for a three-year period beginning May 17, 2022 and
expiring May 16, 2025, with provisions for one, two-year renewal period exercisable
by the City Manager and City Attorney, in an amount not to exceed of $830,000,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
2. Approve an appropriation adjustment to recognize $270,000 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 amendment to the Fiscal Year 2021-22 Capital Improvement Program
to include $270,000 in engineering funds for the SA-2 Pressure Control Station
Relocation Project (No. 19-6496).
City Council 11 5/17/2022
MINUTES: This consent Item - Agreement No. 2022-070 was approved.
22. Approve an Amendment to the Agreement with Blue Technologies Smart Solutions for
Access and Support Services for Manage Data Management Systems (General
Fund)
Department(s): City Attorney Office
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Blue Technologies Smart Solutions ("BlueTech") to provide increased
data storage for continued access and support services for the Manage Data
Management Systems ("iManage") for the remaining period of August 1, 2022 through
July 31, 2024, increasing the annual billing amount by $4,800 for years two and three,
for $30,050 annually, for the Manage System, and increasing the total not -to -exceed
amount of the agreement to $95,350, which includes a $10,000 contingency, subject
to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-071 was approved.
23. Approve On -call Building Safety Division Services for the Planning and Building
Agency (General and Non -General Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements, as
provided in the attached template approved as to form by the City Attorney, to engage
each of the fourteen firms listed below for a period of three years, beginning May 17,
2022 through May 16, 2025, with the option to renew for up to one additional year, to
provide on -call Building Safety Services for an aggregated not to exceed amount of
$4,600,000 (Agreement No. 2022-XXX).
1. 4LEAF
2. BPR Consulting Group
3. Building Code Services Inc
4. CSG Consultant's Inc.
5. HR Green Pacific, Inc.
6. JAS Pacific
7. JLee Engineering, Inc.
8. OC Plan Review LLC
9. Scott Fazekas & Associates, Inc.
10. The Code Group, Inc. (VCA Code)
11. Transtech Engineers, Inc.
12. TRB & Associates
13. True North Compliance Services
14. West Coast Code Consultants, Inc.
City Council 12 5/17/2022
MINUTES: This consent Item — Core Agreement No. 2022-072 was approved.
24. Approve Agreement for a Learning Management System with Meridian Knowledge
Systems, LLC (General and Non -General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Agreement with
Meridian Knowledge Solutions, LLC, to provide an annual subscription for a Learning
Management System ("LMS") with an additional add -on with OpenSesame Plus 100
for web -based training content, for a three-year term from May 17, 2022 through June
30, 2025, with the option of two one-year extensions, in an amount not to exceed
$311,7788, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-073 was approved.
25. Approve a Three -Year Agreement with HCI Environmental & Engineering Service for
Police Range Cleaning Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with
HCI Environmental & Engineering Service for police firing range cleaning and
ventilation system filter replacement for the period of June 1, 2022 through May 31,
2025 in an amount not to exceed $203,364, which includes a ten -percent contingency
($18,488), subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-074 was approved.
26. Approve Agreement Amendment with Siemens, Inc. for Citywide Security System
Maintenance and Enhancements by Increasing the Agreement Amount $1,200,000 for
the Remaining Term of the Agreement
Department(s): Public Works Agency, Police Department, Human Resources
Recommended Action: 1. Authorize the City Manager to execute a first amendment
to the agreement with Siemens, Inc. for additional system enhancement and annual
maintenance costs by increasing the agreement amount by $1,200,000, including a
$100,000 contingency, for a total agreement amount not to exceed $3,382,870 for the
remaining term of the agreement expiring October 31, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-XXX).
City Council 13 5/17/2022
2. Approve the Project Cost Analysis for a total estimated delivery cost of $2,380,000,
which includes $1,200,000 for the first amendment, $180,000 for contract
administration, inspection and testing, and a $1,000,000 project contingency for
additional sites.
MINUTES: This consent Item - Agreement No. 2022-075 was approved.
27. Approve an Agreement with Superior Property Services, Inc. to Provide Hardscape
Pavement Cleaning and Infectious Waste Removal Services for an Annual Amount not
to exceed $316,642 (Non -General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Superior Property Services, Inc. to provide hardscape pavement cleaning and
infectious waste removal services for an annual amount not to exceed $316,642,
which includes a 20-percent contingency, for a term from July 1, 2022 through June
30, 2026, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-076 was approved.
28. Approve Agreements with Desmond, Marcello & Amster, LLC, Donna Desmond
Associates, Paragon Partners, Monument, and Hodges Lacey & Associates, LLC for
Various On -Call Right -of -Way Specialty Services in an Amount Not to Exceed
$148,000 for a Three -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with
Desmond, Marcello & Amster, LLC, Donna Desmond Associates, Paragon Partners,
Monument, and Hodges Lacey & Associates, LLC to provide right-of-way business
goodwill appraisal services, property management, and furniture, fixtures, and
equipment appraisal services in a shared aggregate amount not to exceed $148,000
for each specialty area, for a three-year term beginning May 17, 2022 and expiring
May 16, 2025, with an option for two, one-year extensions, subject non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2022-
XXX).
MINUTES: This consent Item - Agreement No. 2022-077 was approved.
29. Approve Agreements with Quality Fence Co., Inc. and United Site Services of
California, Inc. for On -Call Chain Link Fencing Services in an Amount Not to Exceed
$300,000 for a Three -Year Term (Non -General Fund)
City Council 14 5/17/2022
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Quality Fence Co., Inc. and United Site Services, Inc. for on -call chain link fencing
services, in a shared aggregate amount not to exceed $300,000 for a three-year term
beginning May 17, 2022 and expiring May 16, 2025, with an option for two, one-year
extensions, subject non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-078 was approved.
30. Approve an Appropriation Adjustment, Interagency Agreement with the Orange
County Water District and Moulton Niguel Water District to Evaluate a Potential
Emergency Interconnection, and Approve an Agreement with Stantec Consulting
Services, Inc. in an Amount Not to Exceed $200,000 for a Three-year Term to Conduct
a Preliminary Design Study and Environmental Analysis for an Emergency Water
Distribution Interconnection (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Orange County Water District and Moulton Niguel Water District for a three-year term
beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary
design study and environmental analysis for an emergency water distribution
interconnection, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. 2022-XXX).
2. Approve an appropriation adjustment to recognize $200,000 in reimbursement
obligation funds from MNWD into the Water, Public Works Water Revenue, Expense
Reimbursement revenue account and appropriate the same amount into the Water,
Water Admin/Engineering, Contract Services — Professional expenditure account.
(Requires five affirmative votes)
3. Authorize the City Manager to execute an agreement with Stantec Consulting
Services, Inc., for a three-year term beginning on May 17, 2022, and ending on May
16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in ar
amount not to exceed $200,000, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-079 and Agreement No.
2022-080 was approved.
31. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to
Execute Grant Agreements with the California Department of Transportation for the
King Street Urban Greening Project
Department(s): Public Works Agency
City Council 15 5/17/2022
Recommended Action: Resolution No. 2022-XXX— Adopt a resolution authorizing
the Executive Director of the Public Works Agency to execute grant agreements with
the California Department of Transportation for the King Street Urban
Greening Project (Agreement No. 2022-XXX).
MINUTES: This consent Item - Resolution No. 2022-035 was approved.
This consent Item - Agreement No. 2022-081 was approved.
32. Adopt a Resolution in Support of the Santa Ana River Watershed Weather
Modification Pilot Program and Approve One-time Funding in the Amount of $10,000
for the Program (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution in support
of the Santa Ana River Watershed Weather Modification Pilot Program.
2. Approve one-time funding in the amount of $10,000 to the Santa Ana Watershed
Project Authority for the Weather Modification Pilot Program.
MINUTES: This consent Item - Resolution No. 2022-036 was approved.
33. 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. 2022-037 was approved.
34. Amend Agreement with Universal Protection Service, LP, Dba Allied Universal
Security Services, to Provide Security Guard Services at Various City Facilities by
Extending the Term by an Additional Six Months and Increasing the Agreement
Amount by $1,074,376 (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Universal Protection Service, LP, Dba Allied Universal Security
Services, to provide security guard services at various City facilities, to extend the
City Council 16 5/17/2022
term of the agreement for an additional six-month term beginning June 1, 2022,
through November 30, 2022, and increase the amount by $1,074,376, for a total
agreement amount of $4,127,177, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No. 2022-XXX).
MINUTES: This consent Item - Agreement No. 2022-082 was approved.
35. Approve the Transfer of Ownership of Two City Camping Trailers; Recognize
$238,070 into the General Fund from the Sale of 14 City Camping Trailers
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to transfer the ownership of two
camping trailers to Suavecito Foundation for their use.
36. Resolution Apologizing to Chinese Immigrants and their Descendants
Department(s): City Manager Office
Recommended Action: Resolution No. 2022-XXX— Adopt a resolution apologizing
to Chinese immigrants and their descendants for acts of fundamental injustice and
discrimination seeking forgiveness and committing to the rectification of past policies
and misdeeds.
Moved by Councilmember Phan, seconded by Mayor Pro Tern Bacerra to
amended to include language in section 2 to say "acknowledges and
condemns acts of fundamental injustice" and to add an additional
section prior to section 5 that states "we formally reject the actions taken by
the Board of Trustees by Resolution No. 416".
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
MINUTES: Council discussion ensued and direction provided to staff.
Councilmember Phan requested the language in section 2 to say "acknowledges
and condemns acts of fundamental injustice... " and requested to add an additional
section prior to section 5 that states "we formally reject the actions taken by the
Board of Trustees by Resolution No. 416" and potentially rescind it.
This consent Item - Resolution No. 2022-039 was approved.
City Council 17 5/17/2022
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to
approve Consent Calendar items 6-35 with the exception of 8, 9, 10, 11, 14, and 36.
Items 8-10 were considered before the consent calendar and
approved. Councilmember Phan recused herself from items 21, 30 and 32 due to a
conflict of interest and out of an abundance of caution. Mayor Sarmiento recused
himself from item 35 due to a conflict of interest and out of an abundance of caution.
YES: 7— Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0-0-0 —Pass
MINUTES: Mayor Sarmiento recited no on item 11 on its second reading. Councilmember
Hernandez provided comment recognizing the Public Works Department.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
37. Discuss and Provide Direction Regarding a Proposed Voter Ballot Measure to
Restructure Business Licensing Tax Rates and Chapter 21 of the Santa Ana
Municipal Code
Department(s): Finance and Management Services
Recommended Action: Discuss and provide direction regarding a proposed Voter
Ballot Measure for the November 8, 2022, General Election to: (1) restructure non -
cannabis business license tax rates and charges with the aim of achieving an overall
net revenue neutral result designed to reflect current best practices and to recognize
the impact of home -based businesses and the new "gig" economy; and (2) provide a
flexible Tax Holiday period for unlicensed, past due, or under -assessed businesses to
obtain a valid business license or satisfy unpaid or unassessed taxes; and (3) align
with closely associated provisions of SAMC Chapter 21.
MINUTES: Executive Director of Finance and Management Services Agency
Kathryn Downs provided a brief presentation.
Council discussion ensued and was provided to staff.
38. Budget Workshop: Fiscal Year 22-23 Proposed General Fund Budget, Misc. Fees,
City Council 18 5/17/2022
Workforce Changes and Capital Improvement Plan
Department(s): Finance and Management Services
Recommended Action: Receive presentation and provide direction to staff.
MINUTES: Executive Director of Finance and Management Services Agency
Kathryn Downs provided a brief presentation.
Council discussion ensued, direction and input provided to staff.
City Manager Kristine Ridge announced that councilmembers all have a
placeholder for a special meeting on May 31, 2022, and encouraged all to reach
out to her for a one-on-one meeting to receive clarification and/or ask questions.
Councilmember Phan for the record stated her opposition to the additional $1.5
million allocation of funds to provide financial relief for the downtown business.
**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 - Approve Three Loan Agreements with Westview House L.P. (Go
Community Development Partners) for a total of $3,904,341 for the Development of
the Westview House Affordable Housing Project Located at 2530 & 2534
Westminster Avenue; Approve a Subordination Agreement with Umpqua Bank;
Conduct a TEFRA Hearing and Adopt a Resolution Approving the Issuance of Bonds
(Non -General Fund)
Legal notice published in the Orange County Report on May 4, 2022.
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Loan
Agreement with Westview House L.P. (c/o Community Development Partners) for
$2,003,705 in HOME Investment Partnerships Program funds for the development of
the Westview House affordable housing project located at 2530 & 2534 Westminster
Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and 198-132-23), 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 Loan Agreement with Westview House
L.P. (Go Community Development Partners) for $1,514,113 in Inclusionary Housing
funds for the development of the Westview House affordable housing project located
City Council 19 5/17/2022
at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and
198-132-23), subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2022-XXX).
3. Authorize the City Manager to execute a Loan Agreement with Westview House
L.P. (c/o Community Development Partners) for $386,523 in Rental Rehabilitation
Program Funds for the development of the Westview House affordable housing
project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs
198-132-21 and 198-132-23), subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. 2022-XXX).
4. Authorize the City Manager to execute a Subordination Agreement with Umpqua
Bank, to subordinate the City's three Loan Agreements to a senior loan, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
5. Authorize the City Manager to execute a future Subordination Agreement with the
State of California Department of Housing and Community Development, Citibank,
and/or the County of Orange, for the City's three Loan Agreements, after the Westview
House affordable housing project is complete, subject to approval as to form by the
City Attorney (Agreement No. 2022-XXX).
6. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the
issuance of tax-exempt bond financing by the California Statewide Communities
Development Authority on behalf of Westview House, LP, for the benefit of Westview
House Apartments to finance the acquisition, construction, improvement, and
equipping of the Project, an 85-unit multifamily rental housing project located at 2530
& 2534 Westminster Avenue, Santa Ana, California (APNs 198-132-21 and 198-132-
23).
7. Resolution No. 2022-XXX — Adopt a resolution approving the issuance of revenue
bonds by the California Statewide Communities Development Authority in an amount
not to exceed $45,000,000 for the purpose of financing the acquisition, construction,
improvement and equipping of the Westview House affordable housing project
located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-
21 and 198-132-23).
MINUTES: Mayor Sarmiento opened the public hearing at 10:23 p.m.
Assistant City Manager/Executive Director of Community Development Agency
Steven Mendoza provided a brief presentation.
Clerk of the Council, Daisy Gomez, reported out there was no
correspondence received.
Nathaniel Greensides spoke in support of item.
Councilmember Phan stated for the record her disappointment in lack of
recognition from the development community.
City Council 20 5/17/2022
Council discussion ensued and input provided.
Mayor Sarmiento closed the public hearing at 10:32 p.m.
This public hearing item - Agreements No. 2022-083, No. 2022-084, No. 2022-
085, No. 2022-086, No. 2022-087 was approved.
This public hearing Item - Resolution No. 2022-040 was approved.
Moved by Councilmember Mendoza, seconded by Councilmember Phan to
Approve.
YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
40. Public Hearing -Adopt Resolution Adjusting the Solid Waste Rates
As required by the provisions of Proposition 218, notices of a public hearing for
adjusting solid waste collection rates were mailed to all property owners within the
City of Santa Ana solid waste collection service area on or before April 1, 2022. The
Clerk of the Council Office has received 44 protest letters, as of the publishing of this
agenda.
Legal notice was published in the Orange County Reporter on May 6, 2022 and May
13, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022-XXX— Hold a public hearing and
adopt a resolution adjusting the solid waste rates effective July 1, 2022.
MINUTES: Mayor Sarmiento opened the public hearing at 10:37 p.m.
Executive Director of Public Works Agency Nabil Saba provided a brief
presentation.
Gabrie/a Hernandez spoke with a concern on city municipal service rates.
Nathaniel Greensides spoke in support of item.
Marisol Hernandez spoke with a concern on city municipal service rates.
Clerk of the Council, Daisy Gomez, reported out on correspondence received.
City Council 21 5/17/2022
Mayor Sarmiento closed the public hearing at 10:52 p.m.
Council discussion ensued and input provided.
Mayor Sarmiento requested a robust staff report to explain rate increase for
members of the public.
Mayor Pro Tem Bacerra expressed concern with the lack of state funding for this
item.
This public hearing item - Resolution No. 2022-041 was approved.
Moved by Councilmember Phan, seconded by Councilmember Mendoza to
Approve.
YES: 5 — Phan, Hernandez, Lopez, Mendoza, Sarmiento
NO: 2 — Penaloza, — Bacerra
ABSTAIN: 0
ABSENT:0
Status: 5-2-0-0 —Pass
COUNCILMEMBER REQUESTED ITEMS
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City — Councilmember Mendoza
MINUTES: Council discussion ensued and input provided.
Councilmember Hernandez left the council meeting at 11:04 p.m.
Majority of council support to send a letter to Senator Umberg and show support for
SB986.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge made the following announcements:
Free Family Event due to Public Works Week on May 21st, 2022 from 11:00 a.m. to 2:00
p.m.
City Council 22 5/17/2022
Neighborhood Block Transformation Contest deadline is May 20, 2022 at 1:00 p.m.
City Manager, Kristine Ridge stated a public appreciation for Parks and Recreation
Director, Lisa Rudloff.
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 Lopez thanked Public Works staff for their hard work and
advised residents to avoid outdoor areas for health reasons when fire season
begins. Announced a community clean up and that office hours will be virtual this month.
Councilmember Mendoza reminded the public to conserve water due to the ongoing
drought.
Councilmember Penaloza noted that the Federal Government is giving away additional at
home rapid tests for COVID-19. Reminded the public on the importance of voting.
Mayor Pro Tern Bacerra offered his congratulations to Parks and Recreation Director, Lisa
Rudloff and noted per disclosure AB 1234 he attended the 2022 Southern California
Association of Governments Regional Conference and General Assembly. Announced the
Hometown Hero Active Service Member banner unveiling ceremony on May 23, 2022 at
2:00 p.m. at Bomo Kora/ Park and will hold his community office hours on June 4, 2022 at
Thornton Park.
Mayor Sarmiento thanked staff for all of their hard work and requested to send letters of
condolences to communities that have faced tragedies in the previous days such as mass
shootings.
ADJOURNMENT —Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:24 p.m.
City Council 23 5/17/2022