Meeting

City Council and Housing Authority Meeting Agenda
October 5, 2021
SPECIAL OPEN SESSION MEETING – 4:00 PM
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

Vicente Sarmiento Mayor
Thai Viet Phan Councilmember – Ward 1		David Penaloza Mayor Pro Tem - Ward 2
Jessie Lopez Councilmember - Ward 3		Phil Bacerra Councilmember - Ward 4
Johnathan Ryan Hernandez Councilmember - Ward 5		Nelida Mendoza Councilmember - Ward 6
Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520
Sonia R. Carvalho City Attorney	Kristine Ridge City Manager	Daisy Gomez Clerk of the Council

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa-ana.org/city-meetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services

Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency

Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency

Members of the public may attend the City Council meeting in-person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING E-MAIL OPTION – Public comments may be sent via email to the City Clerk’s office at [email protected]. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-19. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 3:45 p.m. for Special Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON SPECIAL CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

NOTE: Redistricting Public Hearing Item #24 to be heard at 7:00 p.m.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball) or download a pdf (the cloud symbol with the down arrow).

CITY COUNCIL SPECIAL OPEN SESSION

CALL TO ORDER
ATTENDANCE	Council Members	Phil Bacerra
		Johnathan Ryan Hernandez
		Jessie Lopez
		Nelida Mendoza
		Thai Viet Phan
	Mayor Pro Tem	David Penaloza
	Mayor	Vicente Sarmiento
	City Manager	Kristine Ridge
	City Attorney	Sonia R. Carvalho
	Clerk of the Council	Daisy Gomez

PUBLIC COMMENTS – Members of the public may address the City Council on Special Open Session item.

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361)

Department(s): Clerk of the Council

Recommended Action: Adopt resolution.

ADJOURNMENT – Adjourn the Special Open City Council meeting and convene to the Special Closed Session meeting.

SPECIAL CLOSED SESSION

CALL TO ORDER
ATTENDANCE	Council Members	Phil Bacerra
		Johnathan Ryan Hernandez
		Jessie Lopez
		Nelida Mendoza
		Thai Viet Phan
	Mayor Pro Tem	David Penaloza
	Mayor	Vicente Sarmiento
	City Manager	Kristine Ridge
	City Attorney	Sonia R. Carvalho
	Clerk of the Council	Daisy Gomez

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.	PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: Clerk of the Council, City Attorney and City Manager

2.	CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency designated representative: Human Resources Director Unrepresented employee: Clerk of the Council, City Attorney and City Manager

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A.   David Sii v. City of Santa Ana; Workers’ Compensation Appeals Board case #ADJ12884066
B.   City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx)
C.   Orange County Catholic Worker, et al. v. Orange County, et al., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx)
D. City of Santa Ana v. County of Orange, et al., (Cross-Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx)

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.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

Mayor Sarmiento

INVOCATION

Hussam Ayloush

CEREMONIAL PRESENTATIONS

1.	Proclamation presented by Mayor Pro Tem Penaloza to Minh Thai and Alvaro Nuñez, Planning and Building Department declaring October 11 through October 15, 2021 as Code Enforcement Officer Appreciation Week.

2.	Proclamation presented by Councilmember Hernandez to Nellie Myia Turtleheart LeGaspé declaring October 11, 2021 as Indigenous Peoples’ Day.

3.	Certificate of Recognition presented by Councilmember Lopez to Blinking Owl Distillery for Outstanding Contributions to the Community.

4.	Certificate of Recognition presented by Councilmember Mendoza to Office Depot for the “Start Proud!” Program 2021 and Outstanding Contributions to the Education.

STAFF PRESENTATIONS

5.	COVID-19 Update in the Community.

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, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened.

NOTE: Redistricting Public Hearing Item #24 to be heard at 7:00 p.m.

Non-Agenda eComment

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 6 through 17.

6.	Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members.

Minutes from the Special Meeting of June 22, 2021

Department(s): Clerk of the Council Office

Recommended Action: Approve minutes.

Minutes from the Regular and Housing Authority Meetings of July 6, 2021

Department(s): Clerk of the Council Office

Recommended Action: Approve minutes.

Adopt Ordinance No. NS-XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROHIBITING RESIDENTIAL REAL PROPERTY AND MOBILEHOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR EIGHTY PERCENT (80%) OF THE CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS LESS, WITHIN THE CITY

and

Adopt Ordinance No. NS-XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUIRING JUST CAUSE EVICTIONS

First reading at the September 21, 2021 City Council meeting and approved by a vote of 4-3 (Bacerra, Mendoza and Penaloza dissented).

Published in the Orange County Reporter on September 24, 2021.

Department(s): Community Development Agency

Recommended Action: Place ordinances on second reading and adopt.

10.

Appoint Kimberly Cabrera Nominated by Mayor Pro Tem Penaloza as the Ward 2 Representative to the Youth Commission for a Partial-Term Expiring December 13, 2022

Department(s): Clerk of the Council Office

Recommended Action: Appoint Kimberly Cabrera to the Youth Commission representing Ward 2 and administer Oath of Office.

11.

Approve an Agreement with Orange County Transportation Authority for the Senior Mobility Program for the Period July 1, 2021 through June 30, 2026 with an Option to Extend the Agreement Five Years through June 30, 2031 (General Fund and Non-General Fund)

Department(s): Parks, Recreation, and Community Services

Recommended Action: Approve an agreement with Orange County Transportation Authority for the Senior Mobility Program for the period July 1, 2021 through June 30, 2026 with an option to extend the agreement five years through June 30, 2031, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

12.

Approve Appropriation Adjustment and Agreement Accepting $536,000 from the State Office of Traffic Safety for Traffic Program Services (Non-General Fund)

Department(s): Police Department

Recommended Action: 1. Authorize the City Manager to execute a one-year agreement with the State of California - Office of Traffic Safety (OTS) (PT22130) to fund traffic program services, for the period of October 1, 2021 through September 30, 2022, in an amount not to exceed $536,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

2. Approve an appropriation adjustment (2022-037) accepting $536,000 in the Office of Traffic Safety –Grant revenue account and appropriate same to the grant expenditure account. (Requires five affirmative votes)

13.

Approve an Agreement with Allied Universal Janitorial Services for Janitorial Services for Police Department Facilities in the amount of $2,233,523.04 (General Fund)

Department(s): Police Department

Recommended Action: Approve a three-year agreement with Allied Universal Janitorial Services for janitorial services for Police Department facilities for the period of November 1, 2021 through October 31, 2024, with an option for two one-year renewals, in the amount of $2,233,523.04, including a ten percent contingency ($203,047.55), subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

14.

Approve an Agreement with City Net to Provide Street Outreach and Engagement Services and an Enhanced Pilot Program to Divert Santa Ana Police Department Calls for Service for Quality-of-Life Services, in an Amount not to Exceed $1,300,000 through June 30, 2022 (Non-General Fund) (Revive Santa Ana Program)

Department(s): Community Development Agency

Recommended Action: 1. Authorize the City Manager to execute an agreement with City Net in an amount not to exceed $1,300,000 to provide street outreach and engagement services and an enhanced Pilot Program to divert Santa Ana Police Department calls for service for quality-of-life services from November 1, 2021 through June 30, 2022, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of HHAP and ARPA funding (Agreement No.2021-XXX).

15.

Approve Agreement Amendments with Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., for COVID-19 Sanitization Services (Non-General Fund) (Revive Santa Ana Program)

Department(s): Public Works Agency

Recommended Action: 1. Authorize the City Manager to execute a first amendment to the agreement with Ocean Blue Environmental Services, Inc., to provide COVID-19 Sanitization Services and increase the annual expenditure amount for the FY 2021-22 term by $250,000, for a total aggregate amount not to exceed $2,000,000, including the optional extension period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

2. Authorize the City Manager to execute a first amendment to the agreement with United Storm Water, Inc., to provide COVID-19 Sanitization Services and increase the annual expenditure amount for the FY 2021-22 term by $250,000, for a total aggregate amount not to exceed $2,000,000, including the optional extension period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

16.

Adopt a Resolution for Athletic Facility Reservation Policy

Department(s): Parks, Recreation, and Community Services

Recommended Action: Resolution No. 2021-XXX – Adopt a resolution for Athletic Facility Reservation Policy.

17.

Approve the 2nd Revision to the Revive Santa Ana Spending Plan and Adopt a Resolution to Amend the FY 21-22 Annual Budget to Add Limited-Term Full-Time Positions (Revive Santa Ana Program)

Department(s): City Manager Office

Recommended Action: 1. Approve the 2nd Revision to the Revive Santa Ana Spending Plan.

2. Resolution No. 2021-XXX – Adopt a Resolution to Amend the Fiscal Year 21-22 Annual Budget to add limited-term full-time positions for the implementation of Revive Santa Ana projects.

END OF CONSENT CALENDAR

BUSINESS CALENDAR

18.

Award a Construction Contract to iBuild Spectrum, Inc. in the Amount of $1,408,575, for the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year 2021-22 Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend the Fiscal Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21-7534, 21-7535) (Non-General Fund) (Revive Santa Ana Program)

Continued from the September 21, 2021 City Council Meeting.

Department(s): Public Works Agency and Parks, Recreation, and Community Services

Recommended Action: 1.   Award a construction contract to iBuild Spectrum, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,408,575, for construction of the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the term beginning September 21, 2021, 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 $1,640,000, which includes $1,408,575 for the construction contract, $91,072 for contract administration, inspection and testing, and a $140,353 project contingency for unanticipated or unforeseen work.

3.   Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the total amount of $1,731,072, which includes $1,640,000 in construction funds and an additional $91,072 for preliminary design engineering.

19.

Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency Preparedness and "If You See Something, Say Something" Public Awareness Campaigns

Continued from the September 21, 2021 City Council Meeting.

Department(s): Police Department

Recommended Action: Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC, dba Communications LAB. for the period of September 21, 2021 through June 30, 2024, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the “If You See Something, Say Something™” Public Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX).

20.

Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 for the Hampton Inn Hotel Project to be Located at 2129 North Main Street

Continued from the September 21, 2021 City Council Meeting.

Department(s): Planning and Building Agency

Recommended Action: Resolution No. 2021-XXX – Adopt a resolution approving a second one-year extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 to August 20, 2022.

21.

Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra-help Classification of Homeless Services Division Manager - Retired Annuitant and ii) Appointing Kenneth Gominsky Jr. into the Classification of “Homeless Services Division Manager - Retired Annuitant” at the Rate of $84.47 per Hour

Continued from the September 21, 2021 City Council Meeting.

Department(s): Human Resources

Recommended Action: Adopt two resolutions:
i) Resolution No. 2021-XXX – amending Resolution No. 2015-026 establishing an extra-help classification of Homeless Services Division Manager - Retired Annuitant and
ii) Resolution No. 2021-XXX – appointing Kenneth Gominsky Jr. into the classification of “Homeless Services Division Manager - Retired Annuitant” at the rate of $84.47 per hour.

22.

Establish and Appoint Two to Three Members of the City Council to the Police Oversight Ad Hoc Committee

Continued from the September 21, 2021 City Council Meeting.

Department(s): City Manager Office

Recommended Action: It is recommended that the Mayor establish the Police Oversight Ad Hoc Committee and appoint two to three members of the City Council to serve on it.

23.

Appoint Two to Three Members of the City Council to the School Collaboration City Council Subcommittee

Continued from the September 21, 2021 City Council Meeting.

Department(s): City Manager Office

Recommended Action: Appoint two to three Members of the City Council to the School Collaboration City Council Subcommittee for terms expiring on December 21, 2022.

END OF BUSINESS CALENDAR

PUBLIC HEARINGS

PUBLIC COMMENTS – Members of the public may address the City Council on Public Hearing items.

24.

Hold First Public Hearing Regarding Redistricting Ward Boundaries

Legal Notice published in the Orange County Register, La Opinion, Nguoi Viet, World Journal (Chinese Daily News) and The Korea Times by September 18, 2021.

Resolution of Intention No. 2021-053 published in the Orange County Register on September 24, 2021 and October 1, 2021.

Department(s): Clerk of the Council Office

Recommended Action: Open and close the first public hearing seeking input regarding possible changes to the wards boundaries before proposed ward map(s) are drawn.

25.

Public Hearing - Consolidated Annual Performance and Evaluation Report

Legal Notice published in the Orange County Register on September 9, 2021.

Continued from the September 21, 2021 City Council Meeting.

Department(s): Community Development Agency

Recommended Action: Authorize Submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

COUNCILMEMBER REQUESTED ITEMS

26.	Discuss and Consider Directing City Manager to Consider Council Meeting Curfew Rules – Councilmember Bacerra

CITY MANAGER COMMENTS

COUNCIL COMMENTS

AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

1. September 22-24, 2021 Councilmembers Lopez and Phan – League of California Cities Annual Conference in Sacramento, CA

ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

Mental Health Mobile Outreach Services
Sunshine Ordinance Amendments
Events Policy

HOUSING AUTHORITY

CALL TO ORDER
ATTENDANCE	Authority Members	Phil Bacerra
		Johnathan Ryan Hernandez
		Jessie Lopez
		Nelida Mendoza
		Thai Viet Phan
	Vice Chair	David Penaloza
	Chair	Vicente Sarmiento
	City Manager	Kristine Ridge
	City Attorney	Sonia R. Carvalho
	Clerk of the Council	Daisy Gomez

PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

CONSENT CALENDAR

Recommended Action: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.

1.	Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse absent members.

2.	Minutes from the Housing Authority Meeting of July 6, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to agenda item #8 in the City Council meeting agenda)

END OF CONSENT CALENDAR

HOUSING AUTHORITY MEMBER COMMENTS

ADJOURNMENT – Adjourn the Housing Authority meeting.

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