HomeMy WebLinkAbout2022-08-16 RegularMinutes of the Regular Meeting of the City
Council
City of Santa Ana, California
ul-J
August 16, 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 5:04 p.m.
ROLL CALL
MINUTES: Information Services Representative, Melanie Torres conducted roll call. All
councilmembers were present. Mayor Pro Tern Bacerra joined at 5:06 p.m.
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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:
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.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular
City business.
MINUTES: Mayor Sarmiento recessed this portion of the meeting to consider Closed
Session item(s) at 5:05 p.m.
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento adjourned the Closed Session meeting at 6:20 p.m. and
convened to the Regular Open Session.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
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MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:23
p.m.
ROLL CALL
MINUTES: Information Services Representative, Melanie Torres conducted roll call. All
councilmembers were present. Councilmember Phan joined at 6:27 p.m.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the Pledge of Allegiance.
WORDS OF INSPIRATION Sean C. Tu
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Sarmiento declaring August 2022 as American
Muslim Appreciation and Awareness Month.
2. Certificates of Recognition presented by Mayor Pro Tern Bacerra to members of the
Santa Ana College 1962 Football Team to celebrate the 60th anniversary of their 1962
National Championship.
3. Certificate of Recognition presented by Councilmember Lopez to Gustavo Hernandez
for Outstanding Contributions to Creative Writing.
4. Certificate of Recognition presented by Councilmember Mendoza to Leonel Flores for
Outstanding Contributions to Arts & Culture.
STAFF PRESENTATIONS
5. Homelessness Update
MINUTES: Homeless Services Coordinator Ken Gominsky provided a brief
presentation.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
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: Information Services Representative Melanie Torres, reported out on the
correspondence received.
Jaime Ramirez spoke in support of the Santa Ana PAAL program.
Tony Carrillo spoke in support of SEIU members.
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Karen Marx spoke in support of rehabilitating the Cypress Fire Station into a new PAAL
center and other community services.
Irma Jauregui spoke in support of having the Cypress Fire Station building as a
multipurpose center.
Glafira Jauregui spoke in support of turning the Cypress Fire Station into a senior center.
Alvaro Garcia spoke in support of the PAAL program and the benefits of police presence in
the community.
Juan Rendon spoke in support of the PAAL program.
Ana Nidia Cruz spoke in support of the PAAL program.
Maribel Rendon spoke in support of the PAAL program.
Linda Isabella Rendon spoke in support of the PAAL program.
Veronica Renteria spoke in support of the PAAL program and her family's positive
experience.
Vanessa Badillo spoke in support of the PAAL program and the social skills the program
helped her develop.
Ricky Renteria spoke in support of the PAAL program
Maria Diaz spoke in support of the PAAL program and how much the program helped her
children.
Rafael Diaz described how the PAAL program has benefited him and his sister.
Mark Lopez spoke regarding the PAAL program in various other parts of the city and
provided various other comments.
Selica Diaz spoke in support of adding a senior center and PAAL program at the Cypress
Fire Station.
Ray Diaz urged the council to approve a historical marker in honor of Francisco Torres and
provided various other comments.
Sandra Pocha Pena urged the council to make a choice that benefits all ages and
cultures, regarding the Cypress Fire Station.
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Victor Payan spoke in favor of tabling the Cypress Fire Station item until staff can explore
other options in conjunction with the SAUSD or SAC.
Loretta Canett Boules spoke in support of adding a PAAL program and community center
in the Cypress Fire Station location.
Susana Sandoval spoke in support of establishing the PAAL program in the Cypress Fire
Station location.
Victor Mendez spoke regarding a 10 percent rent increase at the senior citizen affordable
apartment complex located at 2222 East 15t St.
Maribel Gomez urged the council to provide assistance to the downtown businesses that
have been affected by the OC Street Car construction.
Nathaniel Greensides provided various comments regarding items 13, 19, 20, 22, and 24.
John Ramirez spoke in support of rehabilitating the Cypress Fire Station into a new
PAAL center.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 21.
6. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
7. Receive and File Quarterly Report of Investments as of June 30, 2022.
Department(s): Finance and Management Services
Recommended Action: Receive and file.
8. 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 April 1, 2022 to June 30, 2022, valued at up to $50,000 for non-public works
contracts and agreements up to $250,000 for public works contracts and agreements.
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9. Approve Agreements for On -Call Network Cabling Services in an Aggregate Annual
Amount not to Exceed $100,000 (Specification No. 22-032) (Non -General Fund)
Department(s): Information Technology
Recommended Action: Agreement No. 2022-XXX— Authorize the City Manager to
execute agreements with American Integrated Security Group Inc., Pacific Coast
Cabling Inc., and Pratt Communications Inc. to provide on -call network cabling services
for a three-year period beginning August 16, 2022 and expiring August 16, 2025, with a
provision for three optional one-year extensions, exercisable by the City Manager, in an
aggregate annual amount not to exceed $100,000, for a total aggregate amount not to
exceed $600,000 if all optional extensions are executed, subject to non -substantive
changes approved by the City Manager and City Attorney.
MINUTES: This consent Item - Core Agreement No. 2022-153 was approved.
10. Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $202,200 for Asphalt Pothole Repair (Specification No. 18-092) (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt, for asphalt pothole repair, to
increase the annual amount by $202,200, for a total annual amount not to exceed
$900,000 prorated for the remainder of the current term ending November 30, 2022,
including the one-year renewal, exercisable by the City Manager and City Attorney,
subject to non -substantive changes approved by the City Manager and City Attorney.
11. Approve an Agreement with NetFile Inc. for Online Subscription Services for FPPC
Filing in an Amount not to Exceed $95,000 for up to a Three -Year Term and a Two -
Year Extension (Non -General Fund)
Department(s): Clerk of the Council Office
Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to
execute an agreement with NetFile Inc. for online subscription services for FPPC
filing, in an amount not to exceed $95,000, for a term beginning August 1, 2022
through July 31, 2025, with one 2-year extension, subject to non -substantive changes
approved by City Manager and City Attorney.
MINUTES: This consent Item - Agreement No. 2022-154 was approved.
12. Amend Agreement with Redistricting Partners, LLC to Increase Contract Amount by
$10,500 for Redistricting and Mapping of Demographics (General Fund)
Department(s): Clerk of the Council Office
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Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to
execute an amendment to the agreement with Redistricting Partners, LLC to increase
compensation amount by $10,500 for redistricting and mapping of demographics in
compliance with Federal and California Voting Rights Act Requirements, subject to
non -substantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item - Agreement No. 2022-155 was approved.
13. Approve License Agreement with East End Realty Partners, LP to Construct New
Downtown Skate Park
Department(s): Community Development Agency
Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to
execute the first amendment to the license agreement with East End Realty Partners,
LP to construct and maintain a new skate park in Downtown Santa Ana for a five-year
term of August 16, 2022 to August 16, 2027, subject to non -substantive changes
approved by the City Manager and City Attorney.
MINUTES: This consent Item - Agreement No. 2022-156 was approved.
14. Approve Agreements with Crosstown Electrical & Data, Inc. and California
Professional Engineering, Inc. for On -call Construction Services for up to a Three-year
Term in an Aggregate Amount Not to Exceed $2,500,000 (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Agreement No. 2022-XXX— Authorize the City Manager to
execute agreements with Crosstown Electrical & Data, Inc., and California
Professional Engineering, Inc., to provide on -call construction services for traffic
signals, street lights, and concrete wheelchair ramps for a three-year period beginning
August 16, 2022 and ending on June 30, 2025, with provisions for two, one-year
extensions, in a total shared aggregate amount not to exceed $2,500,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
MINUTES: This consent Item - Core Agreement No. 2022-157 was approved.
15. Approve Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn
& Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for On -Call
Engineering Services in an Aggregate Amount Not to Exceed $2,000,000 for up to a
Five -Year Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to
execute agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn &
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Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. to provide on -call
engineering services, for a shared aggregate amount not to exceed $2,000,000, for a
three-year term beginning August 16, 2022 and expiring August 15, 2025, with
provisions for two, one-year extensions, subject non -substantive changes approved by
the City Manager and City Attorney.
MINUTES: Out of an abundance of caution Councilmembers Phan and Penlaoza
have recused themselves from this item.
This consent Item - Core Agreement No. 2022-158 was approved.
16. Amend Agreement with Landscape West Management Services, Inc. to Increase the
Annual Contract Amount by $1,112,000 for Fiscal Year 2022-23 for Right -of -Way and
Median Landscape Maintenance Services (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to
execute an amendment to the agreement with Landscape West Management
Services, Inc., for Right -of -Way and Median Landscape Maintenance Services, to
increase the contract amount by $1,112,000 for FY 2022-23 only, for a total
agreement amount not to exceed $5,922,000 for the remaining term of the
agreement, ending on June 30, 2023, with an option for a two-year extension
exercisable by the City Manager and the City Attorney, subject to non -substantive
changes approved by the City Manager and City Attorney.
MINUTES: This consent Item - Agreement No. 2022-159 was approved.
17. Approve Appropriation Adjustments, Reallocation of Funds, and Award a
Construction Contract to International Line Builders, Inc. in the Amount of $734,930 for
a Traffic Signal Modification Project with an Estimated Project Delivery Cost of
$929,687 (Project No. 18-6919) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment reappropriating
$596,328 in Fiscal Year 2017-18 Highway Safety Improvement Program grant funds
into the Federal Aid Safety Program, Federal Grant -Indirect revenue account, and
appropriate the same amount into the Public Services Street Safety Projects,
Improvements Other Than Building expenditure account. (Requires five affirmative
votes)
2. Approve an appropriation adjustment recognizing $119,400 in Fiscal Year 2022-23
Highway Safety Improvement Program grant funds into the Federal Aid Safety
Program, Federal Grant -Indirect revenue account, and appropriate the same amount
into the Public Services Street Safety Projects, Improvements Other Than Building
expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program
to include $213,959 in General Fund monies from Public Works Traffic /Transportation
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- Service Enhancements funding and an additional $119,400 in Highway Safety
Improvement Program grant funds into the project's construction funds for the Traffic
Signal Modifications Project for a total of $333,359.
4. Award a construction contract to International Line Builders, Inc., the second lowest
responsible bidder, in accordance with the base bid in the amount of $734,930, for
construction of the 1 st Street at Jackson Street and 5th Street at Euclid Street Traffic
Signal Modification Project, for the term beginning August 16, 2022, and ending upon
project completion, subject to non -substantive changes approved by the City Manager
and City Attorney.
5. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$929,687, which includes $734,930 for the construction contract; $121,264 for
contract administration, inspection and testing; and a $73,493 project contingency for
unanticipated or unforeseen work to be funded from Highway Safety Improvement
Program grant funds.
18. Adopt a Resolution, Approve an Agreement and Appropriation Adjustment Accepting
the FY 2021 Emergency Management Performance Grant (Non -General Fund)
Department(s): Police Department
Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution
authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining
federal funds related to homeland security, emergency management and/or disaster
recovery, provided by the U.S. Department of Homeland Security and sub -granted
through the State of California and the County of Orange.
2. Agreement No. 2022-XXX—Authorize the City Manager to execute a two-year
agreement with the County of Orange, for the period of July 1, 2021 through June 30,
2023, for the FY 2021 Emergency Management Performance Grant in an amount not
to exceed $51,210, subject to non -substantive changes approved by the City
Manager and City Attorney.
3. Approve an appropriation adjustment recognizing $51,210 in Law Enforcement
Grants Revenue account, and appropriating same to the Emergency Management
Performance Grant expenditure account. (Requires five affirmative votes)
MINUTES: This consent Item - Agreement No. 2022-160 and Resolution No.
2022-068 were approved.
19. Density Bonus Agreement No. 2022-02 to Facilitate Construction of Cabrillo
Crossing, a 35-Unit Mixed -Use Residential and Live/Work Community with Four
Onsite Affordable Units
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution
approving Density Bonus Agreement No. 2022-02 as conditioned.
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2. Agreement No. 2022-XXX — Authorize the City Manager to execute a Density
Bonus Agreement with Brandywine Acquisition Group, LLC for a project known as
Cabrillo Crossing for a 55-year term, for the development of a mixed -use residential
and live/work development with 35 townhome units , including four onsite for -sale
affordable units, at 1814 and 1818 East First Street, subject to non -substantive
changes approved by the City Manager and City Attorney.
MINUTES: Out of an abundance of caution Councilmember Phan has recused
herself from this item.
This consent Item - Agreement No. 2022-161 and Resolution No. 2022-069
were approved.
20. 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. 2022-070 was approved.
21. Resolution Urging the Citizens Stamp Advisory Committee of the United States
Postal Service to Issue a Muhammad Ali Postage Stamp
Department(s): City Manager Office
Recommended Action: Consider one of the following options:
1. Resolution No. 2022-XXX — Adopt a resolution concerning issuance of Muhammad
Ali postage stamp.
2. Provide further direction to staff.
MINUTES: This consent Item - Resolution No. 2022-071 was approved.
Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Bacerra to
Approve Consent Calendar items 6 through 21. Out of an abundance of caution
Councilmember Phan recused herself from items 15 and 19. Councilmember
Penaloza recused himself from item 15.
YES: 7— Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
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Status: 7 — 0-0-0 —Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
22. Provide Direction Regarding the Future Use of the Vacant Cypress Fire Station at
625 S Cypress Avenue
Department(s): City Manager Office
Recommended Action: It is recommended that the City Council direct the City
Manager to do one of the following:
1. Rehabilitate the vacant Cypress Fire Station at 625 S Cypress Avenue into a new
Police Athletic and Activities League (PAAL) Center.
2. Seek proposals from local nonprofit organizations as tenants through a competitive
Request for Proposals (RFP) process.
MINUTES: Council discussion ensued and direction was provided to staff.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on Public
Hearing items.
23. Public Hearing -Adopt a Resolution Vacating a Portion of Alley North of Second
Street between Broadway and Sycamore Street, Abandonment 21-01
Legal notice published in the Orange County Reporter on August 5, 2022.
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022-XXX— Adopt a resolution vacating a
portion of alley north of Second Street between Broadway and Sycamore Street.
MINUTES: Mayor Sarmiento opened the Public Hearing at 9:59 p.m.
Nathaniel Greensides spoke in support of item 23.
Mayor Sarmiento closed the public hearing at 10:00 p.m.
This Business calendar item Resolution No. 2022-072 was approved.
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Hernandez
to Adopt.
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YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0 —Pass
COUNCILMEMBER REQUESTED ITEMS
24. Discuss and Consider Directing Staff to Implement a Process that Will Allow the City
Council to More Efficiently and Effectively Present Councilmember Requested Items
on the Agenda — Councilmember Phan
MINUTES:
Councilmember Phan indicated that a short brief shall be written by the
councilmember who would like to have an item considered. The City Manager and
City Attorney will review the brief but will not have to approve it.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge provided comments regarding upcoming events.
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.
August 4-6, 2022 Councilmember Lopez — Local Progress National Convening 2022
Conference, Denver, CO
MINUTES: Councilmember Hernandez provided comments regarding the upcoming
Chicano Heritage event.
Councilmember Lopez reminded residents of Mabury Park of the upcoming movies in the
park event and provided various other comments.
Councilmember Mendoza reminded residents of the upcoming concert in the park and
encouraged everyone to participate in the Waste Water 101 program.
Councilmember Phan announced her participation in the Association of California Water
Agencies and what was discussed regarding water conservation.
Mayor Pro Tem Bacerra announced his community office hours will be hosted at Thorton
Park on September 10th.
Mayor Sarmiento provided comments regarding the recent vandalism that occurred in the
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downtown area and stated that OCTA is working to remedy the situation.
ADJOURNMENT —Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the Regular City Council meeting at 10:14 p.m.
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