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HomeMy WebLinkAbout2022-08-02 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California August 02, 2022 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5.09 p.m. ROLL CALL MINUTES: City staff conducted roll call. All councilmembers were present. City Council 1 8/2/2022 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 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 Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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. MINUTES: Nothing to report out. 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 Special Closed Session items at 5:11 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5.55 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION City Council 2 8/2/2022 CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6.04 p.m. ROLL CALL MINUTES: City staff conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Penaloza led the pledge of allegiance. WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community. 2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month. 3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education. 5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community. STAFF PRESENTATIONS 6. COVID-19 Update in the Community MINUTES: City Manager Kristine Ridge provided a brief presentation. 7. OC Streetcar Project — Orange County Transportation Authority and Public Works Agency MINUTES: Staff provided a brief presentation in collaboration with Orange County Transportation Authority staff. Council discussion ensued and direction was provided to the Orange County City Council 3 8/2/2022 Transportation Authority staff. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney, Sonia Carvalho reported out on the vacancy of the Clerk of the Council position. 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: Delilah Snell spoke regarding the Orange County Street Car construction, downtown businesses and item 17. Maribel Gomez provided comments regarding downtown business and requested assistance. Marcela Prado provided comments regarding downtown businesses, requested council approve financial assistance and spoke regarding lack of trash services. Shawn Makhani spoke regarding the impact the Orange County Street Car construction has had on downtown businesses. Aaron Senese provided comments on item 7 in regard to the downtown businesses and provided various comments on high -capacity transportation. Juliet Castro requested financial assistance for the downtown businesses that have been affected by the Orange County Street Car construction. Melissa Mier spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction. Stephanie Cuevas spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction. Walter Ayala provided comments regarding financial assistance for downtown businesses. Kelly Kraus -Lee provided comments regarding the various issues that have arisen in her neighborhood as a result of the Orange County Street Car construction. Martha Garcia regarding item 17, requested financial assistance for the community. Victor Mendez provided comment on the budget. City Council 4 8/2/2022 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16. 8. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 9. Minutes from the Regular Meeting of May 17, 2022 Department(s): Clerk of the Council Recommended Action: Approve minutes. 10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING First reading at the July 19, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 22, 2022. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3024 was approved. 12. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC First reading at the July 19, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 22, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. City Council 5 8/2/2022 MINUTES: This consent Item - Ordinance No. NS-3025 was approved. 13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Five-year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a three-year period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a two-year period, in a total aggregate amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-151 was approved. 14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for Non -Industrial Medical Services (Non -General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide non -industrial medical services for a three-year term (June 7, 2022 through June 30, 2025) with the option of one 1-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-152 was approved. 15. Adopt a Resolution Declaring City -Owned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution declaring City -owned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City's use, and authorize the City Manager to execute any and all documents necessary to complete the exchange. MINUTES: This consent Item - Resolution No. 2022-065 was approved. 16. Orange County Grand Jury's Investigative Report, Findings, and Recommendations City Council 6 8/2/2022 Regarding "How is Orange County Addressing Homelessness" Department(s): City Manager Office Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. Moved by Councilmember Penaloza, seconded by Councilmember Hernandez to approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass MINUTES: Councilmember Penaloza directed staff to add language stating the agreement. Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve items 8-15 with the exception of item 16. 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 17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 2022-23 Annual Budget to Add Limited -Term Full -Time Positions (Revive Santa Ana Program) Department(s): City Manager Office Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID-19 pandemic. City Council 7 8/2/2022 2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between Spending Plan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes) 3. Resolution No. 2022-XXX — Adopt a resolution to amend the Fiscal Year 2022-23 Annual Budget to add limited -term full-time positions for the implementation of Revive Santa Ana projects. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to approve. 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. This business Item - Resolution No. 2022-066 was approved. 18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election Department(s): City Manager Office Recommended Action: 1. Resolution No. 2022-XXX — Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the "Clerk of Council" to "City Clerk" and making other minor clean-up updates. 2. Request that the Board of Supervisors of Orange County Consolidate the City's General Municipal Election with the Statewide General Election. 3. Authorize the filing of Arguments and Rebuttals. a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal City Council 8 8/2/2022 Statement. 4. Direct the City Attorney to prepare an Impartial Analysis. 5. Direct the Clerk of the Council to publish legal notices as required by law. Moved by Councilmember Phan, seconded by Mayor Pro Tern Bacerra to adopt. YES: 5 — Hernandez, Mendoza, Penaloza, Phan, Bacerra NO: 2 — Lopez, — Sarmiento ABSTAIN: 0 ABSENT: 0 Status: 5-2 —0-0— Pass MINUTES: Discussion ensued and discussion was provided to staff. This business Item - Resolution No. 2022-067 was approved. **END OF BUSINESS CALENDAR" CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided comment on hate crimes. 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 Mendoza reminded residents of the concert at El Salvador Park. Councilmember Phan announced to residents an upcoming concert in the park and reminded the public of the upcoming movies in the park event. Councilmember Penaloza invited the public to attend Madison Park on August 17th for movies in the park. Mayor Pro Tem Bacerra requested to light up the water tower in blue in memory of Vin Scully. ADJOURNMENT —Adjourn the City Council meeting. Future Items City Council 9 8/2/2022 1. Mental Health Mobile Outreach Services 2. Community Workforce Agreement MINUTES: Mayor Sarmiento adjourned the City Council meeting at 10. 03 p.m. City Council 10 8/2/2022