HomeMy WebLinkAbout2022-10-04 Special Closed and RegularMinutes of the Regular and Special Closed
Session Meeting of the City Council City of
Santa Ana, California
October 04, 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
Acting 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
Norma Orozco
MINUTES: Mayor Sarmiento called the Special Closed Session Meeting to order at 4:10
P.M.
CITY COUNCIL MINUTES 1 October 04, 2022
ROLL CALL
MINUTES: Acting Clerk of the Council Norma Orozco conducted roll call.
Councilmembers Lopez, Mendoza, Phan, and Mayor Sarmiento were present in person.
Mayor Pro Tem Bacerra and Councilmembers Hernandez and Penaloza attended via
teleconference.
PUBLIC COMMENTS — Members of the public may address the City Council on Closed
Session items.
MINUTES: No public comments were received regarding Closed Session items.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No.
30- 2019-01055281
B. Aaron Giron v. City of Santa Ana, Orange County Superior Court, Case No. 30-
2021-01197646
2. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government
Code: (one case — Taco Bravo)
3. 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' Intemational 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)
CITY COUNCIL MINUTES 2 October 04, 2022
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
Section 54957
Title: City Attorney and City Manager
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 to consider the Closed Session items at 4:12 P.M.
RECONVENE — City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento reconvened the City Council at 6:50 P.M.
ROLL CALL
MINUTES: Acting Clerk of the Council Norma Orozco conducted roll call. Councilmembers
Lopez, Mendoza, Penaloza, Phan, Mayor Pro Tem Bacerra, and Mayor Sarmiento were
present in person. Councilmember Hernandez attended via teleconference.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Mendoza led the Pledge of Allegiance.
WORDS OF INSPIRATION Heidi Lucero
CITY COUNCIL MINUTES 3 October 04, 2022
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Breast
Cancer Awareness Month.
2. Certificates of Recognition presented by Councilmember Lopez and Mayor Sarmiento
to the Garden Grove Unified School District Board of Education for Outstanding
Contributionsto Exemplary Academic Achievements.
3. City Seal Tile presented by Councilmember Mendoza to Cecilia Aguinaga for
Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Penaloza to Fabian Flores for
Outstanding Contributions to the Community.
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, except for public hearings. Comments for
public hearings will take place after the hearing is opened.
MINUTES: Acting Clerk of the Council Norma Orozco reported the summary of the email
comments received, One (1) email from a Santa Ana resident regarding a non -agenda item. Five
(5) emails from Santa Ana residents in support of Item 25. Twelve (12) emails in support of Item
25, including the proposed ordinance changes. Two (2) emails in opposition to Item 25.
Nathaniel Greensides spoke in support of Item 25 and the proposed changes pertaining to
mobile home parks.
David Carbajal spoke in support of Item 25 and requested that the mediators receive a
minimum of 40 to 80 hours of formal training.
Gema Suarez spoke in support of Item 25 and thanked the Council for all their hard work.
Silvia Avendano (translation: Spanish) spoke in support of Item 25 and advocated in support
of a rental registry and board.
Mextli Lopez spoke in support of Item 25 and requested that rental board be composed of
three (3) tenants, one (1) mobile home resident, two (2) landlords, and one (1) at -large
member with no conflicting financial interest.
Ignacio Sanchez (translation: Spanish) spoke in support of Item 23 and thanked Council for
their consideration of the item.
CITY COUNCIL MINUTES 4 October 04, 2022
Jesus Santana spoke in support of Item 25 and requested that the rent board be
composed of three (3) tenants, one (1) mobile home resident, two (2) landlords, and one
(1) at -large member with no conflicting financial interest.
James Shih spoke in support of Item 22 and spoke regarding the inquiries his
manufacturing company has received related to the retail tax decrease.
Idalia Rios (translation: Spanish) spoke in support of Item 25 and asked the Council to
support a rental board and rental registry.
Maggie Moreno, staff member with Congressmember Lou Correa's office, read a letter on
behalf of the Congressmember in support of Item 16.
Kandice Hawes -Lopez spoke in support of Item 22 and regarding the outreach Orange
County Norml provides to senior citizens regarding medicinal cannabis use.
Julio Cesar Flores (translation: Spanish), Santa Ana property owner, spoke in opposition
to Item 25 and regarding the financial hardships he has experienced.
Tracy La, on behalf of Viet Rise, spoke in support of Item 25 and the positive impact the
Rent Stabilization Ordinance had in her community.
Indigo Vu spoke in support of Item 25 and in support of a rental registry board.
Vincent Tran spoke in support of Item 25 and the proposed redline ordinance submitted
by Tenants United.
Michael Nguyen spoke in support of Item 25 and thanked the Council for their support.
Cesar Medina (translation: Spanish) spoke in support of Item of 25 and requested a rental
registry.
Carl Benninger spoke in support of undocumented immigrants that serve as a member of
the military should receive American citizenship and asked Council to write to their
representatives and ask for their support on this issue. He requested Council to look into
solar power and renewable energy sources and inquired about the enforcement of street
vendors.
Rosa M. Pizano (translation: Spanish) spoke in support of Item 25 and in support of a
rental registry.
CITY COUNCIL MINUTES 5 October 04, 2022
Guadalupe Barragan (translation: Spanish) spoke in support of Item 25, in support of a
rental registry, and requested training for mobile home park managers.
Marisol (translation: Spanish) spoke in support of Item 25 and the lack of privacy afforded
to mobile home park residents.
Guadalupe Rubalcava (translation: Spanish) spoke in support of Item 25 and rent control.
Michelle Kerns spoke in support of Item 25 and requested Council to monitor the safety
and living conditions of senior citizen communities.
Karen Sarabia (translation: Spanish) spoke in support of the "Noche De Altares" event
and requested the City help provide security and approve the closure of Ross and Third
Streets for the event.
Dora Trejo (translation: Spanish) spoke in support of the "Noche De Altares" event and
requested the City's approval regarding the closure of Ross and Third Streets.
Carlo Rubalcava spoke in support of Item 25 and urged Council to adopt a rent board that
is representative of the City's residents.
The following speakers addressed Council via teleconference:
Jennifer Rojas, ACLU Orange County, spoke in support of Item 26. She recommended
Council increase transparency regarding the Police Officers Association negotiations by
providing periodic public status reports and holding a public hearing once an agreement
has been made.
Victor Mendez spoke regarding equity and transparency when discussing negotiations for
the Police Officers Association and the Police Management Association.
Kaley Lovitt spoke in support of Item 25 and requested that the rental board be composed
of three (3) tenants, one (1) mobile home resident, two (2) landlords, and one (1) at -large
member with no conflicting financial interest.
Benjamin Vasquez spoke in support of Item 25 and also supported the amendments
suggested by Tenants United Santa Ana.
Arielle Badel spoke regarding Item 25 and was supportive of the ordinance with
modifications to ensure compliance with mobile home residency laws and protections.
CITY COUNCIL MINUTES 6 October 04, 2022
Brandon Cisco spoke in support of Item 22 and regarding additional retail cannabis
permits.
CONSENTCALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 23.
MINUTES: Mayor Pro Tem Bacerra pulled Item 11 and Mayor Sarmiento pulled Item 23 for
separate discussion and consideration.
Councilmember Phan recused herself from Items 7 and 19, as both of the listed vendors
are clients of her employer, Rutan & Tucker.
Consent Calendar Moved by Mayor Pro Tern Bacerra, seconded by
Councilmember Penaloza to approve Consent Calendar Items 5 through 23 with the
exception of Items 11 and 23.
YES: 7 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza,
— Councilmember Penaloza, — Councilmember Phan, — Mayor Pro Tern Bacerra,
— Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0 —0-0— Pass
5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6. Minutes from the Special City Council Meeting of July 29, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
7. Receive and File the Certification of Approval by City Engineer of the Final Parcel Map
2018-188 (666 East Dyer Road) (Applicant: Shea Properties; Owner: Dyer Business
Park, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer
of the final Parcel Map 2018-188.
CITY COUNCIL MINUTES 7 October 04, 2022
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to
approve Item 7.
YES: 6 - Councilmember Hernandez, - Councilmember Lopez, -
Councilmember Mendoza, - Councilmember Penaloza, - Mayor Pro Tern Bacerra, -
Mayor Sarmiento
NO: 0
ABSTAIN: 1 - Councilmember Phan
ABSENT:0
Status: 6-0- 1 - 0 - Pass
8. Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the
Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost
of $881,531 (Project No. 21-2744) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to GB Cooke, Inc., a
responsive bidder, in accordance with the base bid in the amount of $721,531, for
construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 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
$881,531, which includes $721,531 for the construction contract, $80,000 for contract
administration, inspection and testing, and $80,000 project contingency for
unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to
include the Santa Ana Zoo Goat Trail project.
9. Approve the Third Amendment to the Construction Contract with CJ Concrete
Construction, Inc., to Increase the Contract Amount by $1,000,000 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 third amendment to the construction
contract with CJ Concrete Construction, Inc., by an increase of $1,000,000, to perform
additional concrete improvements through the end of project completion, for a new
estimated project delivery cost of $4,700,000.
2. Approve the revised Project Cost Analysis increasing construction administration,
inspection, and testing by $50,000 and the project contingencies by $950,000, for a new
estimated project delivery cost of $4,700,000.
CITY COUNCIL MINUTES 8 October 04, 2022
10. Award a Blanket Order Contract to Aqua -Metric Sales Company for Water Meters
and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification
No. 22-131) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Aqua -Metric Sales
Company for water meters and supplies for an annual amount not to exceed
$500,000, for a one-year term beginning October 4, 2022 and expiring October 3,
2023, with four one-year renewal options, subject to non -substantive changes
approved by the City Manager and the City Attorney.
11. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of
$3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related
Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 &
22-2769) (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action:
1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase
of LED sports lighting, including light -structure systems, light controls, removal and
disposal of existing equipment, and installation services,
for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the
amount of $3,042,449, plus a contingency of $384,751, for a total amount not to
exceed $3,427,200, subject to non -substantive changes approved by the City
Manager and the City Attorney.
2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received
from prior years into the Residential Development District 3, Park Acquisition &
Development Fees revenue account and appropriate the same amount into the
Residential Development District 3, Building improvements expenditure account
(Requires five affirmative votes)
MINUTES: Mayor Pro Tem Bacerra pulled Item 11 for separate discussion and
consideration. Mayor Pro Tem Bacerra sought clarification on locations of lights
and future projects. Councilmember Penaloza inquired about the full replacement
of the lighting at Memorial Park.
Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to
approve Item 11.
YES: 7 — Councilmember Hernandez, — Councilmember Lopez, —
Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, —
Mayor Pro Tem Bacerra, — Mayor Sarmiento
CITY COUNCIL MINUTES 9 October 04, 2022
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7 — 0— 0-0— Pass
12. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of
$1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for
the Police Department (Specification No. 22-127) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a one-time purchase and payment of purchase
order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility
SUVs, of which includes three K-9 build with rear air option, in the amount of
$1,029,983, plus a contingency of $20,000, for a total amount not to exceed
$1,049,983, subject to non -substantive changes approved by the City Manager and
the City Attorney.
2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund
balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue
account and appropriate the same amount into the Equipment Replacement Fund,
Machinery and Equipment expenditure account for this item and anticipated FY22-23
replacement vehicle expenditures. (Requires five affirmative votes)
13. Appropriation Adjustment and Agreement Accepting $580,000 from the State Office
of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund)
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute an agreement with
the State of California - Office of Traffic Safety for the Selective Traffic Enforcement
Program, for a one-year period beginning October 1, 2022 through September 30,
2023, in an amount not to exceed $580,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2022-188).
2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic
Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective
Traffic Enforcement Program expenditure account. (Requires five affirmative votes)
14. Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and
Susan Saxe -Clifford, Ph.D. for Law Enforcement Psychological Services (General
Fund)
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute an agreement with
The Counseling Team International for law enforcement psychological services, in an
amount not to exceed $78,000, for a three-year period beginning October 4, 2022
CITY COUNCIL MINUTES 10 October 04, 2022
through September 30, 2025, with an option for two, one-year extensions, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022- 189).
2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law
enforcement psychological services, in an amount not to exceed $30,000 for a three-
year period beginning October 4, 2022 through September 30, 2025, with an option
for two, one-year extensions, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2022-190).
3. Authorize the City Manager to execute an agreement with Susan Saxe -Clifford,
Ph.D. for law enforcement psychological services, in an amount not to exceed
$12,000, for a three-year period beginning October 4, 2022 through September 30,
2025, with an option for two, one-year extensions, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2022-191).
15. Agreement Amendment with Al Parry Rental for Event Equipment Rental Services at
City Events to Increase the Annual Amount by $64,000 per Year through March 31,
2025, for a total Increase of $192,000 and New Agreement Total of $450,000
(General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement
amendment with Al Parry Rental for event equipment rental services at City events to
increase the annual amount by $64,000 per year through March 31, 2025, for a total
increase of $192,000 and new agreement total of $450,000, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-192).
16. Approve an Agreement with IDS Group for Architectural and Engineering Services for
Public Health Plaza and Wellness Programming in an Amount Not to Exceed
$370,077for a Three -Year Term (Non -General Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
IDS Group for architectural and engineering services for Santa Ana's Public Health
Plaza and Wellness Programming project in the amount of $336,433, with a
contingency of $33,644 for a total amount of $370,077, for a three-year term
beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one-
year extensions, subject non -substantive changes approved by the City Manager and
the City Attorney (Agreement No. 2022-193).
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to
include $4,000,000 for the Public Health Plaza and Wellness Programming project.
CITY COUNCIL MINUTES 11 October 04, 2022
17. Grant an Easement to Southern California Edison to Allow Underground Power to
Serve 2202 Magnolia Avenue
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Easement Deed
granting Southern California Edison (SCE) the right to place, own, and maintain
power conduits and conductors underground to serve 2202 South Magnolia Avenue,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-194).
18. Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future
Water Resources Well Facility (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and
sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie
Marquez for the purchase of real property located at 206 S. Flower Street (APN 008-
213-31), in the amount of $775,000, plus normal closing costs and escrow fees and
relocation expenses, for a total amount not to exceed $1,050,000, subject to non -
substantive changes approved by the City Manager and the City Attorney (Core
Agreement No.2022-195).
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program
to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475).
19. Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline
and Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through
January 31, 2023 (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment
to the gasoline and diesel purchase agreement with TACenergy, by an increase of
$600,000 and extend agreement services through January 31, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-196).
Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to
approve Item 7.
YES: 6 — Councilmember Hernandez, — Councilmember Lopez, —
Councilmember Mendoza, — Councilmember Penaloza, — Mayor Pro Tern Bacerra, —
Mayor Sarmiento
NO: 0
CITY COUNCIL MINUTES 12 October 04, 2022
ABSTAIN: 1—Councilmember Phan
ABSENT:0
Status: 6-0— 1 — 0 — Pass
20. Approve an Agreement with the County of Orange for Exchange of Real Property and
Adopt a Resolution Declaring City Property as Exempt Surplus Land
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022-076 — Adopt a resolution declaring
City -owned property as exempt surplus land pursuant to California Government Code
§ 54220 et seq. for the purpose of a real property exchange with the County of
Orange.
2. Authorize the City Manager to execute an Exchange of Real Property agreement
between the City of Santa Ana and the County of Orange, a political subdivision of the
State of California, for proposed property exchange of the Civic Center Plaza of the
Flags area and the Civic Center Library Parking Structure subject to non -substantive
changes approved by the City Manager and the City Attorney (Agreement No. 2022-
197).
21. 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. 2022-077 — 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.
22. Ordinance Amendment No. 2022-01 — Commercial Cannabis Amendments Second
Reading
Legal notice published in the Orange County Reporter on September 23, 2022.
Department(s): Finance and Management Services, Planning and Building Agency
Recommended Action:
1. Ordinance NS-3026 — Place on second reading and adopt Ordinance Amendment
No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code
Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events,
Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis
Tax Rate Reductions for Commercial Cannabis Retail, Cultivation, Distribution, and
Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of
Microbusinesses and Shared Manufacturing, and Make Other Administrative
Amendments of a Complimentary Nature.
CITY COUNCIL MINUTES 13 October 04, 2022
2. Resolution No. 2022-079 — Adopt a resolution modifying various commercial
cannabis retail and non -retail tax rates.
3. Resolution No. 2022-080 — Adopt a resolution modifying the medicinal cannabis
retail tax rate.
4. Resolution No. 2022-081 — Adopt a resolution establishing a map of commercial
cannabis eligible areas in the City, the number of annual temporary consumption
events, and the community benefit, sustainable business practices, and social equity
plan template.
23. Adopt a Resolution Establishing a Sister City Relationship with Sahuayo, Michocan,
Mexico
Department(s): City Manager Office
Recommended Action: Resolution No. 2022-081 — Adopt a resolution proclaiming
the establishment of an educational, cultural, and business affiliation with the City of
Sahuayo of the state of Michoacan of the United Mexican States.
MINUTES: Mayor Sarmiento expressed gratitude towards "Fundacion Sahuayo"
and the Mayor of Sahuayo, Dr. Manuel Galvez Sanchez, for all of their hard work
and dedication in making the item possible.
Moved by Mayor Sarmiento, seconded by Mayor Pro Tem Bacerra to approve
Item 23.
YES: 7 — Councilmember Hernandez, — Councilmember Lopez, —
Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, —
Mayor Pro Tern Bacerra, — Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
**END OF CONSENT CALENDAR**
24. Appoint Member to the Orange County Mosquito and Vector Control District's
Board of Trustees
Department(s): Clerk of the Council Office
CITY COUNCIL MINUTES 14 October 04, 2022
Recommended Action: Select a member to the Orange County Mosquito and
Vector Control District's Board of Trustees and appoint for the current term expiring
in January 1, 2024.
Moved by Mayor Sarmiento to nominate and appoint Councilmember
Mendoza to the Orange County Mosquito and Vector Control District
Board, seconded by Councilmember Penaloza.
YES: 7 — Councilmember Hernandez, — Councilmember Lopez, —
Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, —
Mayor Pro Tern Bacerra, — Mayor Sarmiento
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
25. Adoption of Ordinance amending the Rent Stabilization and Just Cause
Eviction Ordinances
Department(s): Community Development Agency
Recommended Action: Approve first reading of the Ordinance amending the Rent
Stabilization and Just Cause Eviction Ordinances.
MINUTES: Community Development Housing Manager Judson Brown and
Housing Program Analyst Sara Court provided a brief presentation.
Councilmember Mendoza inquired about the costs to run the program and for
the fee study, expressed concern on how fees might be passed on to tenants,
and questioned how the City plans to assist low-income tenants.
Mayor Pro Tem Bacerra inquired regarding the fiscal impact of the item and
spoke in opposition to the item.
MOTION: Councilmember Hernandez requested the following amendments: 1)
Requested consistency in the capitalization of the word "Tenants" throughout the
ordinance; 2) The rental board be composed of three (3) tenants, one (1) mobile
home resident, two (2) landlords, and one (1) at -large member who has no
conflicting financial interest; 3) Amendment to the judicial review period from
thirty (30) days to ninety (90) days; 4) Inclusion of the date of the last Code
Enforcement inspection and a rebate for seniors, and 5) Mediation training be a
minimum of forty (40)-eighty (80) hours, not twenty-four (24).
Councilmember Hernandez moved to approve Item 25 with amendments,
seconded by Mayor Sarmiento. The amended motion and second were
subsequently retracted and not voted on.
CITY COUNCIL MINUTES 15 October 04, 2022
SUBSTITUTE MOTION: Councilmember Phan requested amendments to
include language indicating that the ordinance shall not supersede any mobile -
home residency law or domestic violence law. and include amendments
regarding capitalization standardization, increased mediation training, a need
for DEI/cultural competency training, having Rental Board nominations,
appointments, and terms track with the process of other City boards and
commissions, and add back an exception for affordable housing providers,
seconded by Mayor Sarmiento.
Mayor Sarmiento spoke in support of Councilmember Phan's suggested
changes and offered a friendly amendment of option 3 regarding the
composition of the board, which was accepted by Councilmember Phan.
Councilmember Hernandez withdrew his original motion.
Councilmember Lopez spoke in support of the amended motion put forth by
Councilmember Phan.
Councilmember Penaloza spoke in opposition to the item, citing the unknown
fiscal impact of a rental registry fee as his reason for opposing the item.
Moved by Councilmember Phan, seconded by Mayor Sarmiento to approve
Item 25, as amended.
YES: 4 — Councilmember Hernandez, — Councilmember Lopez, —
Councilmember Phan, — Mayor Sarmiento
NO: 3 — Councilmember Mendoza, — Councilmember Penaloza, — Mayor Pro
Tern Bacerra
ABSTAIN: 0
ABSENT:0
Status: 4-3-0-0 — Pass
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
26. Discuss and Provide Direction to the City Manager and City Attorney to Report to the
City Council What is Necessary to Adopt a Policy to Move all Santa Ana Police
Officers Association Contract Negotiations into a Public Forum —
Councilmember Lopez
MINUTES: Councilmember Lopez spoke in support of the item.
Councilmember Hernandez spoke in support of the item and requested to add the
Police Management Association.
Councilmember Phan spoke in support of the item.
CITY COUNCIL MINUTES 16 October 04, 2022
Councilmember Mendoza inquired with staff about the pros and cons of discussing
items in Closed Session.
Mayor Sarmiento spoke in support of the item.
Mayor Pro Tem Bacerra spoke in opposition to the item.
Councilmember Penaloza inquired about the seven (7) categories for which the
Brown Act permits Closed Session discussions.
Majority direction was given to bring something back for Council's consideration.
27. Discuss and Consider Directing the City Manager to Direct Staff to Refrain from
Using any City Resources and/or Messaging Capabilities to Promote, Advertise, or
Mention Any Elected Official within 90 Days of an Election — Councilmember
Penaloza
MINUTES: Councilmember Penaloza spoke in support of the item and spoke
regarding communications he has received from various community members
about billboards throughout the City.
Mayor Sarmiento spoke in support of the item and requested the item also
include the improper use of City -funded gift cards and the use of public funds.
Councilmember Bacerra spoke in support of the item and addressed comments
regarding gift cards being raffled at neighborhood association meetings.
Councilmember Lopez spoke in support of the item.
Councilmember Hernandez spoke in opposition to the item.
Councilmember Phan requested staff research and bring back best practices
regarding blackout dates in close proximity to election season.
Councilmember Lopez requested the policy apply to all dignitaries.
Majority direction was given to bring something back for Council's consideration.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge reminded the public that the City would be
hosting the first Indigenous Peoples Day event on Saturday, October 8, 2022, and
that Wednesday, October 5, 2022 is National Walk to School Day.
COUNCILCOMMENTS
A61234 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
CITY COUNCIL MINUTES 17 October 04, 2022
commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Hernandez extended an invitation to the community to
attend the Indigenous Peoples Day event on Saturday, October 8, 2022.
Councilmember Penaloza thanked Councilmember Phan for leading the Mid -Autumn
Festival.
AB1234 - Councilmember Phan announced her participation as a panelist at the
National Conference of Vietnamese American Attorneys. She also provided comments
regarding the Mid Autumn Festival and thanked staff for all the time and hard work they
invested into hosting the event.
Mayor Pro Tem Bacerra announced his community office hours, scheduled for Saturday
October 8, 2022 at Thornton Park.
ADJOURNMENT —Adjourn the City Council meeting.
MINUTES: Mayor Sarmiento adjourned the meeting at 11:03 P.M.
Respectfully Submitted,
Jennifer L. Hall, CMC
City Clerk
CITY COUNCIL MINUTES 18 October 04, 2022