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HomeMy WebLinkAboutItem 08 - Draft Minutes from the Meetings of 2-7-23, 2-21-23, 3-7-23 and 3-21-23CITY COUNCIL 1 February 07, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California February 07, 2023 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 Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tem Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho Acting City Clerk Norma Orozco CITY COUNCIL 2 February 07, 2023 ROLL CALL MINUTES: Mayor Amezcua called the meeting to order at 5:07 P.M. Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua attended the meeting in person. Councilmember Hernandez attended via teleconference. Councilmember Bacerra joined the meeting in person during Closed Session. 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. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:08 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to subdivision (a) of Section 54957 of the Government Code: Consultation with Santa Ana Police Department, Chief David Valentin 2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: •Santa Ana Police Officers Association (POA) •Service Employees’ International Union (SEIU) Full­Time Employees •Confidential Association of Santa Ana (CASA) •Santa Ana Management Association (SAMA) 3.CONFERENCE WITH LEGAL COUNSEL­ INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case Consideration of Amicus Brief, So Cal Recovery, LLC; Roger Lawson v. City of Costa Mesa, Case No. 20­55820 (United States Court of Appeals for the Ninth Circuit) and Raw Recovery, LLC v. City of Costa Mesa, Case No. 20­55870 (United States Court of Appeals for the Ninth Circuit) CITY COUNCIL 3 February 07, 2023 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. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council at 7:28 P.M. ROLL CALL Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present in person. PLEDGE OF ALLEGIANCE Councilmember Bacerra WORDS OF INSPIRATION Pastor Anh Tuan Nguyen CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the American Heart Association declaring February 2023 as American Heart Month. 2.Proclamation presented by Mayor Pro Tem Lopez to the Santa Ana Unified School District and the Santa Ana Youth Mental Health Sub­Committee declaring February 2023 as We Care Month. 3.Proclamation presented by Councilmember Hernandez and Mayor Amezcua to the Second Baptist Church of Santa Ana and the Orange County Heritage Council declaring February 2023 as Black History Month. MINUTES: The ceremonial presentations were considered out of order. Item No. 3 was considered first, followed by Item Nos. 1 and 2. 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 from Closed Session. CITY COUNCIL 4 February 07, 2023 PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Due to the large number of public speakers, Mayor Amezcua modified the speaking time limit from three (3) minutes to two (2) minutes per speaker. Anthony Barela spoke of his experience with Santa Ana Police Department officers. Tim Johnson spoke of the need for more Measure X commissioner appointments and stated that there are currently not enough members to meet quorum. Saanand Singh Sethee, SEVA Collective, spoke of his organization’s service to the community and thanked the Council for their partnership. Michael Baron spoke of his negative experience with Republic Services as the City’s new solid waste provider. Nellie Turtleheart Legaspie spoke of the urgent need to appoint commissioners to the Personnel Board and urged members of the community to reach out and apply. Will Klahe spoke regarding Item 32 and stated that all businesses should comply with city and state regulations. Danny Vega spoke in support of Item 32 and in solidarity with the businesses affected by unlicensed street vendors. Mike Carter spoke regarding Item 32 and of the monetary impact that out of town vendors have on the City. Roberto Guzman (translation: Spanish) spoke in support of Item 32 and the negative impact the large number of street vendors have on established brick and mortar businesses. Nancy Tarin (translation: Spanish) spoke in support of Item 32 and the negative impact street vendors have had on her business. CITY COUNCIL 5 February 07, 2023 Irma Jauregui spoke of a potential model for mom and pop shops to be assigned a designated zoned vending location. Maria Sanchez spoke in support of Item 32 and stated that all vendors should adhere to city regulations. Charles Jakstis spoke of the difficulties his family has faced at the hands of their restaurant’s property landowner. Daniel Perez spoke in support of Item 32, the many regulations that unlicensed street vendors break, and how it is unjust for licensed food truck vendors. Araceli Gonzalez (translation: Spanish) requested the Council enforce city regulations related to street vending and spoke of the financial hardship she and other businesses have endured as a result of the unlicensed street vendors. Alex spoke of the various licenses that street vendors lack and the obstruction they create on street sidewalks. Yareli (translation: Spanish) spoke of how the City must lead by example and enforce street vending laws. Guillermo Elizalde spoke of the rapid growth of street vendors and how they have affected his brick and mortar restaurant. Jose Luis Sandoval (translation: Spanish) stated that he is not opposed to street vendors but believes that they also have to follow local and state health regulation just as restaurants do. Jaime Flores (translation: Spanish) urged the Council to enforce local and state regulations regarding street vendors. Desi Reyes spoke in support of Item 32 and regarding the narcotics issue along North First Street. Paul Simonds, of behalf of his clients Turner Capital and Save Our Selves (S.O.S), requested Council pull Item No. 6 and reopen the Public Hearing. CITY COUNCIL 6 February 07, 2023 Kate Hirsh, Turner Capital and S.O.S., requested Council pull Item No. 6 and reopen the Public Hearing. Christy Ward, S.O.S., requested Council pull Item No. 6 and reopen the Public Hearing. Rosario Galeas spoke of the negative impact the proposed zoning ordinance would have in the community and for the S.O.S. organization. David Elliot requested Council pull Item No. 6 and reopen the Public Hearing and spoke of the potential monetary loss to the city if the ordinance is approved. Lisa Salsibury spoke of the unpermitted work being done by the landowner at 3700 W. Warner Ave. Vanessa Cerda stated that she would like the historic Cypress Fire Station to be converted into a community center not a Police Athletic and Activities League (PAAL) center. Albert Castillo spoke in support of Item No. 5 and in opposition to the organization Downtown Inc. Venancio Chavez (translation: Spanish) spoke of various issues in the city including Main Street corridor, solid waste collection, and infrastructure. Prior to hearing public comments via teleconference, Mayor Amezcua considered Consent Calendar Item Nos. 7-9 (see Pages 9-10). Acting City Clerk Norma Orozco reported out the eComments received: One (1) comment in support of Item No. 22, Fourteen (14) regarding Item No. 32, and Two (2) non-agenda comments. The following speakers addressed City Council via teleconference: Roxana spoke in support of Item 32 and the unsafe conditions created by street vendors. CITY COUNCIL 7 February 07, 2023 Dale Helvig spoke regarding the Legacy Square application process, the 55 Freeway project, and in support of Item 32. Armando Nunez spoke in support of Item 32 and spoke of the business owners that are afraid of retaliation for speaking against street vendors. John Ramirez spoke regarding Item 32 and requested enforcement be prioritized. Victor Mendez spoke regarding jobs and job preservation and of the importance of using Santa Ana based companies, using Item Nos. 15 and 16 as examples. Wilson Troung, State of California Governor’s Office of Emergency Services, spoke regarding the earthquake early warning system app, MyShake, which is available to residents. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 30. MINUTES: The following items were pulled for separate discussion and consideration: Councilmember Hernandez pulled Item No. 22. Councilmember Bacerra pulled Item Nos. 12, recorded a no vote on Item No. 20, and provided comments on Item Nos. 15 and 16. Councilmember Phan recused herself from Item No. 13, as the listed party is a client of her employer, Rutan & Tucker. Councilmember Vazquez pulled Item No. 6. Mayor Pro Tem Lopez pulled Item Nos. 10 and 22. Councilmember Penaloza pulled Item No. 20. Mayor Amezcua pulled Item Nos. 17, 18, and 32. Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar Item Nos. 4 through 30 with the exception of Item Nos. 6, 10, 12, 17, 18, 20, 22, 30, and 32. CONSENT CALENDAR CITY COUNCIL 8 February 07, 2023 YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass 4.Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 5.Adopt Ordinance No. NS­3037 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DISESTABLISHING THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT First reading at the January 17, 2023 City Council meeting and approved by a vote of 7­0. Published in the Orange County Reporter on January 27, 2023. Department(s): Community Development Agency Recommended Action: Place ordinance to Disestablish the Downtown Santa Ana Business Improvement District on second reading and adopt. 6.Adopt Ordinance No. NS­3038 – ZONING ORDINANCE AMENDMENT NO. 2022­03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY­PERMITTED USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO­UNIT DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING FACILITIES First reading at the January 17, 2023 City Council meeting and approved by a vote of 7­0. Published in the Orange County Reporter on January 27, 2023. Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a CITY COUNCIL 9 February 07, 2023 "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022­73 will be filed upon adoption of this ordinance. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: Councilmember Vazquez requested the item be continued. City Attorney Sonia Carvalho reminded the Council that any substantive changes made to the presented ordinance would require a new first reading and would not make any immediate changes to the Urgency Ordinance. Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to approve the recommended action and adopt Ordinance No. NS-3038. YES: 6 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 1 – Councilmember Vazquez ABSTAIN: 0 ABSENT: 0 Status: 6 – 1 – 0 – 0 – Pass MINUTES: Item Nos. 7-9 were considered out of order, earlier in the meeting during Public Comments. 7.Appoint Isabella Guerra Nominated by Mayor Amezcua as the Mayoral Representative to the Youth Commission for a Full­Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Isabella Guerra to the Youth Commission as the City­ Wide representative and administer Oath of Office. 8.Appoint Various Boards and Commissions Members Nominated by Councilmember Vazquez as the Ward 2 Representatives for a Full Term Expiring December 8, 2026 (Revised 2/1/2023) Department(s): Clerk of the Council Office Recommended Action: Appoint. 1.Joese Hernandez ­ Arts and Culture Commission 2.Maria Zacarias Torres ­ Parks, Recreation and Community Services Commission 3.Ginelle Hardy – Historic Resources Commission 4.Gabriela Hernandez­Castillo – Personnel Board 5.Manuel Escamilla – Planning Commission 6.Ilyn Jaimes – Youth Commission CITY COUNCIL 10 February 07, 2023 9.Appoint Jennifer Oliva Nominated by Councilmember Penaloza as the Ward 6 Representative to the Planning Commission for a Full­Term Expiring December 8, 2026 (Revised 2/1/2023) Department(s): Clerk of the Council Office Recommended Action: Appoint Jennifer Oliva to the Planning Commission as the Ward 6 representative and administer Oath of Office. Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to approve the recommended actions for Item Nos. 7-9 and appoint board and commission representatives. YES: 5 – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, Councilmember Vazquez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 2 – Councilmember Bacerra, – Mayor Pro Tem Lopez Status: 5 – 0 – 0 – 2 – Pass MINUTES: Acting City Clerk Norma Orozco administered the Oath of Office to the members present at the meeting. 10.Receive and File Citywide Field Renovation Schedule Department(s): Public Works Agency Recommended Action: Receive and File Citywide Field Renovation Schedule for 2023 to 2024. MINUTES: Mayor Pro Tem Lopez requested staff utilize City communication channels to announce the renovation schedule to the public. Councilmember Penaloza spoke in agreement with Mayor Pro Tem Lopez’s request and requested the closure duration also be disclosed. No further action taken. 11. Receive and File Trash Enclosure Update Department(s): Public Works Agency Recommended Action: Receive and File Trash Enclosure Update informational report. CITY COUNCIL 11 February 07, 2023 12. Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022. Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022. MINUTES: Councilmember Bacerra inquired with staff whether any of the current housing projects had paid in lieu fees into the Inclusionary Housing Fund since 2022 to which staff responded that no fees had yet been received. No further action taken. 13.Amend Blanket Order Contract with Home Depot for Construction, Maintenance, and Repair Materials and Supplies to Extend Term for an Additional Four­year Period Ending December 31, 2026 (Specification No. 17­121) (General and Non­General Fund) Department(s): Finance and Management Services Recommended Action: Amendment blanket order contract with Home Depot for construction, maintenance, and repair materials and supplies to extend the term for an additional four­year period ending December 31, 2026, with provision for five subsequent one­year renewal periods exercisable by the City Manager in an annual amount not to exceed $252,000, subject to non­substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Phan recused herself from Item No. 13, as the listed party is a client of her employer, Rutan & Tucker. MOTION: Councilmember Penaloza moved to approve Item No. 13, seconded by Councilmember Bacerra. YES: 6 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 1 – Councilmember Phan ABSENT: 0 Status: 6 – 0 – 1 – 0 – Pass 14. Approve a Purchase Order in the Amount of $282,171 to Musco Sports Lighting, LLC. for LED Sports Lighting with Related Supplies and Services (Project No. 23­2604) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase order to Musco Sports Lighting, LLC. for the purchase of LED sports lighting and installation services for the Santa Ana Stadium in the amount of $282,171, with a contingency of $42,326 for a total of $324,497, subject to non­substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL 12 February 07, 2023 15.Award Purchase Order to Penske Chevrolet of Cerritos in the Amount of $346,134 for One 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and Five 2023 Chevrolet Colorado Crew Cab Long Bed Trucks (Specification No. 22­134) (General Fund and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment of purchase order to Penske Chevrolet of Cerritos for the purchase of one 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and five 2023 Chevrolet Colorado Crew Cab Long Bed Trucks, in the amount of $336,134, plus a contingency of $10,000, for a total amount not to exceed $346,134, subject to non­substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Bacerra thanked the Public Works Agency for proactively reaching out to companies located in Santa Ana. Councilmember Hernandez echoed Councilmember Bacerra’s comments and stated he is glad the vendor selected will provide American-made and union-made vehicles. 16.Award a Purchase Order in the Amount of $399,274 to National Auto Fleet Group for Eight Chevrolet Colorado Trucks for the Public Works Maintenance Services, Building Maintenance, CIP Engineering, and NPDES Divisions (Specification No. 22­135) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eight Chevrolet Colorado Trucks in the amount of $369,274, plus a contingency of $30,000, for a total amount not to exceed $399,274, subject to non­substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Bacerra thanked the Public Works Agency for proactively reaching out to companies located in Santa Ana. Councilmember Hernandez echoed Councilmember Bacerra’s comments and stated he is glad the vendor selected will provide American-made and union-made vehicles. 17.Approve Appropriation Adjustment Recognizing $674,887 in Supplemental Law Enforcement Services Account Funds and Spending Plan (Non­General Fund) Department(s): Police Department Recommended Action: 1. Approve an appropriation adjustment recognizing $674,887 in CITY COUNCIL 13 February 07, 2023 Law Enforcement Grants revenue account and appropriate same to the Supplemental Law Enforcement Services Fund expenditure account. (Requires five affirmative votes) 2. Approve use of the Supplemental Law Enforcement Services Account funds for frontline municipal police services as included within this staff report. MINUTES: Mayor Amezcua inquired about the use of the appropriated funds. Chief of Police David Valentin stated that the funds would be used to support core services, equipment, building safety, and overtime. Moved by Mayor Amezcua, seconded by Councilmember Phan to approve the recommended action for Item No. 17. YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass 18.Approve Appropriation Adjustment to Recognize Remainder Disbursement of Homeless Housing, Assistance and Prevention Program Funds – Round 3 (Non­General Fund) Department(s): Community Development Agency Recommended Action: Approve appropriation adjustment recognizing $8,232,281.35 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account (no.12218002­52025) and appropriate the same amount to expenditure account (no. 12218717­various) to address homelessness in the City of Santa Ana. (Requires five affirmative votes) MINUTES: Mayor Amezcua requested staff update the City’s website to include an expenditure report for the homeless services funds. Moved by Mayor Amezcua, seconded by Councilmember Phan to approve the recommended action for Item No. 18. YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 CITY COUNCIL 14 February 07, 2023 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass 19.Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation (Non­General Fund) Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment recognizing $4,795,654 in funds from the State of California, into the Permanent Local Housing Allocation (PLHA) Program revenue account and appropriate the same amount into the PLHA Round 3 expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes) 20.Approve Agreement with 3Di, Inc. for the Rent Stabilization and Just Cause Eviction Ordinance Rental Registry Portal (Non­General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with 3Di, Inc. to implement, operate, and maintain a rental registry portal for the Rent Stabilization and Just Cause Eviction Ordinance, for a three­year term beginning on February 7, 2023 through January 31, 2026, in an amount not to exceed $305,895, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­A-2023- 011). MINUTES: Councilmember Penaloza inquired about future reimbursements for the rental registry portal. Mayor Pro Tem Lopez thanked staff for their assistance regarding Item No. 20 and stated that she believed residents would benefit from the item. Councilmember Bacerra stated that while he appreciated that the Housing Opportunity Ordinance (HOO) has been identified as a funding source, he reiterated that no one has paid into the HOO or the Inclusionary Housing Fund. Councilmember Phan inquired about the current amount of funds available in the Inclusionary Housing Fund. Housing Division Manager Judson Brown addressed Council and answered questions. Mayor Amezcua requested staff provide her with a background of the item and the CITY COUNCIL 15 February 07, 2023 timeline approved by the previous Council. Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve the recommended action for Item No. 20. YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass 21.Approve a First Amendment to the FY 21­22 Agreement with Habitat for Humanity to Administer the Residential Rehabilitation Grant Program (Non­General Fund) Department(s): Community Development Agency Recommended Action: Approve a First Amendment to the FY 21­22 Agreement with Habitat for Humanity of Orange County for the administration of the Residential Rehabilitation Grant Program to increase it by $11,000 for a new total agreement amount of $556,532, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­012). 22.Approve Agreements with Delhi Center and Seva Collective for Food Distribution Programs for a One­Year Term in an Aggregate Amount Not to Exceed $500,000 (Revive Santa Ana Program) Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute agreements with Delhi Center and Seva Collective to operate food distribution programs for a one­year term beginning March 1, 2023 and expiring February 29, 2024, in a total shared aggregate amount not to exceed $500,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2023­019 and 2023­046). MINUTES: Mayor Pro Tem Lopez inquired about the ranking given to United Across Borders. Management Aide Lauren Matthews provided a breakdown of the rankings administered to the responsive organizations. Councilmember Vazquez spoke in testament to the work performed by United Across Borders and the positive impact they have in the community. CITY COUNCIL 16 February 07, 2023 Councilmember Hernandez spoke in support of United Across Borders and requested $83,333.33 be awarded to United Across Borders. MOTION: Councilmember Hernandez moved to approve staff’s recommendation and award $83,333.00 to United Across Borders, seconded by Mayor Pro Tem Lopez. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve staff’s recommendation, seconded by Councilmember Bacerra. MINUTES: Councilmember Phan spoke of her positive experience with United Across Borders and stated that, although she believes they are a great organization, she would deem their bid as unresponsive. Councilmember Hernandez rescinded his motion. Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve the recommended action for Item No. 22. YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass 23.Approve a Master Renewal Agreement with System Innovators for Citywide Europay, MasterCard, and Visa (“EMV”) Chip & PIN Credit Card Hardware Purchases and Payment Card Industry Data Security Standard (“PCI DSS”) Cashiering Software System Upgrades to the City’s existing “iNovah” Centralized Cashiering System, in an Amount not to Exceed $765,032 and Approve a Corresponding Support and Maintenance Agreement for the City’s Upgraded Cashiering system, Including Ongoing Professional Software and Hardware services in an Amount not to Exceed $592,946 (General and Non­General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a master renewal agreement with System Innovators, a division of N. Harris Computer Corporation, for a comprehensive upgrade of iNovah, the City’s revenue management and cashiering software system, necessary for EMV Chip & PIN credit card transactions and PCI DSS compliance. The master renewal agreement would include related payment terminal hardware purchases and a software system upgrade, plus contingent options for software integrations with PRCSA’s Centaman Zoo Ticketing System, CivicRec Reservation System CITY COUNCIL 17 February 07, 2023 and, plus PBA’s Clariti Land Management System, and CDA­Housing’s Rental Registry Fee Program System, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $765,032, which includes a contingency of $562,262 for the life of the agreement subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­013-01). 2.Authorize the City Manager to execute a corresponding Support and Maintenance Agreement with System Innovators, a division of N. Harris Computer Corporation, for on­going software and hardware support and maintenance of the upgraded iNovah cashiering system, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $592,946, which includes a contingency of $77,341 for the life of the agreement subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­013­02). 24.Approve Agreement for City Clerk Appointment Department(s): Human Resources Recommended Action: Authorize the Mayor to execute an employment agreement outlining the terms and conditions of the appointment of Jennifer Hall as the City Clerk for the City of Santa Ana (Agreement No. 2023­014). 25.Approve Amendment to Agreement with Axon Enterprise, Inc. in the amount of $376,379 for Interview Room Camera System (Non­General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the master services agreement with Axon Enterprise, Inc. to provide interview room camera equipment and services to the Police Department, in an additional amount not to exceed $376,379 for a total aggregate amount not to exceed $5,564,017, for the period of June 1, 2023 through June 30, 2027, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­015). 26.Amend Agreements with GK & Associates; Interwest Consulting Group, Inc.; Penco, a Cannon Company; Project Partners, Inc.; and Transtech Engineers, Inc. to Increase the Shared Contract Amount by $2,500,000 for On­Call Engineering, Technical, and Administrative Support Services (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute amendments to the agreements with GK & Associates; Interwest Consulting Group, Inc.; Penco, a Cannon Company; Project Partners, Inc.; and Transtech Engineers, Inc. to increase the shared contract amount by $2,500,000, for a total shared aggregate amount not to exceed CITY COUNCIL 18 February 07, 2023 $10,000,000, for Engineering, Technical, and Administrative Support Services for the remaining term of the agreement, beginning May 18, 2021, through July 14, 2024 subject to non­substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023­016). 27.Approve Agreement with TrueLine Construction and Surfacing for Outdoor Sports Court Resurfacing Citywide in an Amount Not to Exceed $1,790,290 for a Five­Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with TrueLine Construction and Surfacing, Inc., to provide outdoor sports court resurfacing citywide in the amount of $195,988, with an annual contingency of $162,070, for a total agreement amount not to exceed $358,058, for a three­year period beginning February 7, 2023 to February 6, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­017). 28.Approve Agreement with FieldTurf USA, Inc. for Artificial Turf Sports Field Maintenance Services in an Amount Not to Exceed $520,800 for a Five­Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with FieldTurf USA, Inc. to provide artificial turf sports field maintenance in the amount of $86,800, with a contingency of $17,360, for a total agreement amount not to exceed $520,800 for a three­year period beginning February 7, 2023 to February 6, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­018). 29.Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Automated Metering Infrastructure Project (Non­General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2023­006 – Adopt a Resolution approving the Construction Installment Sale Agreement (D2202006) with the California State Water Resources Control Board for financing of the Automated Metering Infrastructure Project, in an amount up to $10,117,365 (Agreement No. 2023­047). 30.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. 2023­007 – Adopt a resolution to consider CITY COUNCIL 19 February 07, 2023 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. **END OF CONSENT CALENDAR** OATH OF OFFICE – Administer Oath of Office to the newly appointed Board and Commission members present. MINUTES: Oaths of office were administered earlier in the meeting (see page 10). 31.Review the City Council Standing Subcommittees Interest List and Appoint Members Department(s): Clerk of the Council Office Recommended Action: Review the City Council Standing Subcommittees interest list and appoint members to serve as representatives through December 2024 to the: 1.School Collaboration City Council Subcommittee 2.Public Safety and Homelessness City Council Standing Subcommittee 3.Legislative City Council Standing Subcommittee 4.Joint School Collaboration City Council Standing Subcommittee MOTION: Moved by Councilmember Hernandez, seconded by Mayor Pro Tem Lopez to appoint the following subcommittee members and disband the School Collaboration City Council Subcommittee. Public Safety and Homelessness City Council Standing Subcommittee Councilmember Bacerra, Councilmember Hernandez, Mayor Amezcua Legislative City Council Standing Subcommittee Councilmember Penaloza, Mayor Pro Tem Lopez, Mayor Amezcua Joint School Collaboration City Council Standing Subcommittee Councilmember Penaloza, Councilmember Vazquez, Mayor Pro Tem Lopez YES: 7 – Councilmember Bacerra, – Councilmember Hernandez, – Councilmember Penaloza, – Councilmember Phan, – Councilmember Vazquez, – Mayor Pro Tem Lopez, – Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR CITY COUNCIL 20 February 07, 2023 **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 32.Discuss and Consider Directing the City Manager to Direct Staff to Draft a Resolution Stating the City of Santa Ana’s Opposition to Unsafe and Unpermitted Sidewalk Food Vending and the Prioritization of Enforcement of Existing Regulations Related to Sidewalk Food Vending – Councilmember Bacerra MINUTES: Councilmember Bacerra spoke of the health risk that unpermitted sidewalk food vendors pose to residents. He requested code enforcement and police staff enforce the current municipal code and state code regulations pertaining to stationary sidewalk vendors and that a resolution be drafted in opposition to SB 946. Mayor Amezcua and Councilmembers Phan and Penaloza spoke in support of the item. At 11:38 P.M., Mayor Amezcua recessed the City Council to address the Housing Authority agenda and reconvened at 11:40 P.M. CITY MANAGER COMMENTS MINUTES: None. 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.February 1­3, 2023 Mayor Amezcua — League of California Cities New Mayors and Council Members Academy in Universal City, CA MINUTES: Councilmember Hernandez thanked the public for their participation. Councilmember Bacerra wished everyone a good night. Councilmember Phan thanked everyone who visited her booth at the UVSA Tet Festival. Councilmember Penaloza thanked Councilmember Phan for her participation in the Tet Festival, wished his niece and Executive Assistant Yesenia Cruz a Happy Birthday, and announced that a new restaurant would be opening in Ward 6, Casa Ramos. Councilmember Vazquez wished everyone a happy Black History Month. CITY COUNCIL 21 February 07, 2023 ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the meeting at 11:50 P.M. Respectfully Submitted, Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 February 21, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California February 21, 2023 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 MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:13 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tem Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho Acting City Clerk Norma Orozco CITY COUNCIL 2 February 21, 2023 ROLL CALL MINUTES: Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers Penaloza, Phan, Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present in person. Councilmembers Hernandez and Bacerra joined the meeting during Closed Session. 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. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:15 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH 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) •Service Employees’ International Union (SEIU) Full­Time Employee •Confidential Association of Santa Ana (CASA) •Santa Ana Management Association (SAMA) 2.CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A.Micah’s Way v. City of Santa Ana, United States District Court, Case No. 8:23­CV­ 00183­DOC­KES B.City of Santa Ana v. Rim Pacific Investors Portofino, LLC, Orange County Superior Court, Case No. 30­2021­01221615 3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney 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. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL 3 February 21, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 6:35 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer Hall ROLL CALL MINUTES: Acting City Clerk Norma Orozco conducted Roll Call. All members of the City Council were present. PLEDGE OF ALLEGIANCE Ernesto Medrano WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to Olive Crest for 50 Years of Outstanding Contributions to the Community. 2.Certificates of Recognition presented by Mayor Pro Tem Lopez and Councilmember Hernandez to Alexis “Lex” Rocha, John M. Raya and Coach Hector Lopez for Outstanding Contributions to the Community. MINUTES: Ceremonial Presentation Item No. 2 was considered out-of-order and presented before Item No. 1. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that the City Council will return to Closed Session to discuss Item No. 1 following the conclusion of the Open Session. CITY COUNCIL 4 February 21, 2023 MINUTES: Agenda Item Nos. 6, 7, and 9 were considered out of order, before the remainder of the agenda. (See pages 7-8). Upon approval, Acting City Clerk Norma Orozco administered the Oath of Office to Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez. MINUTES: AT 7:03 P.M., AGENDA ITEM NO. 26 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR. 26.Discuss and Consider Directing the City Manager to Direct Staff to Enter into Negotiations with the Los Angeles and Orange Counties Building and Construction Trades Council to Work Off and Build On the City's Expired Community Workforce Agreement (CWA) which Establishes Labor Relations Policies and Procedures for the City – Councilmember Penaloza MINUTES: Mayor Amezcua opened Item No. 26 for public comments. The following speakers addressed the City Council in-person: 1. John Hanna, Southwest Region of Carpenters, spoke of the importance of being able to afford to live in the city where you work. 2. Luis Aleman spoke on behalf of the Orange County Labor Federation and in favor of Item 26. 3. Ernesto Medrano, Los Angeles and Orange Counties Building and Construction Trades Council, spoke in support of Item 26. There being no additional speakers. Mayor Amezcua closed public comments. Councilmember Penaloza spoke of the importance of the agreement and requested staff present a new tentative agreement within 30 days. Councilmember Hernandez spoke in support of the item. Councilmember Bacerra spoke in support of the item and the 30-day turnaround proposed by Councilmember Penaloza. Councilmember Phan spoke in support of the item and the 30-day turnaround proposed by Councilmember Penaloza. Councilmember Vazquez spoke in support of the item. Mayor Amezcua spoke in support of the item and the 30-day turnaround proposed by Councilmember Penaloza. CITY COUNCIL 5 February 21, 2023 AT 7:17 P.M., PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO REMAINDER OF THE AGENDA. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items. MINUTES: The following speakers addressed the City Council in-person: 1. Coach Frank McManus, Mater Dei High School, expressed his gratitude towards the Council and the City. 2. Rosario Galeas provided comments regarding the amendment to Ordinance NS 2022- 03 and how they will affect federally funded health centers. 3. Carl Benninger expressed his gratitude to the City Manager’s Office staff and Council for their assistance in reestablishing com-link meetings. 4. Christy Ward, Share our Selves Chief Executive Officer, spoke regarding Ordinance NS 2022-03. 5. Delilah Snell spoke in support of Item No. 19 and the need for the continued agreement. 6. Will Klatte, Share Our Selves, requested Council direct the Planning and Building staff to process the major remodel application submitted by his organization. 7. Cecilia Iglesias spoke regarding Measure X, labor agreement negotiations, and the financial stability of the City. 8. A unidentified speaker spoke regarding the state of the City’s parks, streets, and police response times. 9. Eddie Quillares Jr. commented on the importance of approving Item No. 19. 10.Ruben Salazar spoke in support of Item No. 19. Acting City Clerk Norma Orozco reported out the summary of email comments received: One (1) comment regarding Item No. 4, Eighteen (18) comments regarding Item No. 19, and Two (2) non-agenda comments. The following speakers addressed the Council via teleconference: 11.Denise Reynoso spoke in support of Item No. 19. 12.Victor Mendez spoke regarding Item No. 10. CITY COUNCIL 6 February 21, 2023 STAFF PRESENTATIONS MINUTES: Staff presentations were deferred until following the Consent Calendar. (See page 15) RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22 and waive reading of all resolutions and ordinances. MINUTES: At 7:52 P.M. Councilmember Bacerra pulled Agenda Item No. 19, Mayor Pro Tem Lopez pulled Agenda Item No. 22 and Mayor Amezcua pulled Agenda Items Nos. 15 and 20 for separate discussion and consideration. Councilmember Phan reported a recusal from Item No. 17 as the listed entity is a client of her employer Rutan & Tucker. MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 5 through 22 with the exception of Item Nos. 8, 15, 19, 20, and 22 which were pulled for separate discussion and consideration, and Item Nos. 6, 7, and 9 which were considered prior to the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 5.Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 6.Appoint Amalia Mejia Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a Full­Term Expiring December 8, 2026 Department(s): Clerk of the Council Office Recommended Action: Appoint Amalia Mejia to the Community Development Commission as the Ward 2 representative and administer Oath of Office. CONSENT CALENDAR CITY COUNCIL 7 February 21, 2023 MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass Acting City Clerk Norma Orozco administered the Oath of Office to Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez. 7.Appoint Darlene Perez Nominated by Councilmember Phan as the Ward 1 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Partial­Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Darlene Perez to the Santa Ana 2018 Measure X. Citizen Oversight Committee as the Ward 1 representative and administer Oath of Office. MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass Acting City Clerk Norma Orozco administered the Oath of Office to Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez. CITY COUNCIL 8 February 21, 2023 8.Appoint Ronnie Harrell Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full­Term Expiring December 8, 2026 Department(s): Clerk of the Council Office Recommended Action: Appoint Ronnie Harrell to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office. MINUTES: Item No. 8 was withdrawn from the agenda and not considered. 9.Appoint Danny Vega Nominated by Mayor Amezcua as the Mayoral Representative to the Police Oversight Commission for a Full­Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Danny Vega to the Police Oversight Commission as the Mayoral representative and administer Oath of Office. MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass Acting City Clerk Norma Orozco administered the Oath of Office to Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez. 10.Receive and File Fiscal Year 2021­22 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed­upon­Procedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2022: a.The Auditor’s unmodified “clean” opinion letter for the fiscal year 2021­22 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) b.Government Auditing Standards (GAS) Letter c.Governance Letter d.Air Quality Management District (AQMD) Audited Financial Statements CITY COUNCIL 9 February 21, 2023 e.The Auditor’s report on the Appropriations Limit (GANN Limit) f.The Auditor’s report on compliance with the Statement of Investment Policy g.Measure X Agreed­Upon­Procedures Report 11.Award a Purchase Order in the Amount of $789,567 to Best Contracting Services, Inc. for Fire Station 72 Hose Tower Roof Repair and Fire Station 74 Roof Removal and Installation (Specification No. 22­170) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment of purchase order to Best Contracting Services Inc. in the amount of $789,567, plus a contingency of $157,914, for a total amount not to exceed $947,481, for Roof Removal and Installation at Fire Station 72 Hose Tower and Fire Station 74, subject to non­ substantive changes approved by the City Manager and City Attorney. 12.Award Purchase Order to National Auto Fleet Group for Six Chevrolet Bolt EVs and Two Chevrolet Traverse SUVs in the Amount of $275,765 (Specification No. 23­008) (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one­time purchase and payment to National Auto Fleet Group for six 2023 Chevrolet Bolt EVs, and two 2023 Chevrolet Traverse SUVs, in the amount of $255,765, plus a contingency of $20,000 for a total amount not to exceed $275,765, subject to non­substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $193,589 in prior­year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services­Air Quality Improvement expenditure account for this item. (Requires five affirmative votes) 13.Award Purchase Orders to Acco Engineered Systems to Relocate and Replace Fan Coils at the Grand Central Art Center and the Santa Ana Regional Transportation Center (Specification No. 23­021) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment to Acco Engineered Systems for the relocation and replacement of fan coils at the Grand Central Art Center, in the amount of $745,860, plus a contingency of $54,140 and at the Santa Ana Regional Transportation Center, in the amount of $1,548,348, plus a contingency of $51,652 for a total amount not to exceed $2,400,000, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 10 February 21, 2023 14.Approve Agreement with Robertson Industries, Inc. for Playground Rubber Resurfacing Citywide in an Amount Not to Exceed $451,205 for a One­Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Robertson Industries, Inc. to provide playground rubber resurfacing citywide for a total base amount of $360,964, with a contingency of $90,241, for a total agreement amount not to exceed $451,205 for a one­year period beginning February 21, 2023 to February 20, 2024, subject non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­020). 15.Approve an Agreement with Diversified Waterscape, Inc. for Lake Management Services at City Sites for a Five­Year Term for an Annual Amount Not to Exceed $177,572, for a Total of $887,860 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Diversified Waterscapes, Inc. to provide scheduled maintenance duties in an annual amount of $127,572 with an annual contingency of $50,000 for a total agreement amount not to exceed $887,860 for a three­year period beginning February 21, 2023 and ending on February 20, 2026, with an option for two one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­024). MINUTES: Mayor Amezcua spoke regarding complaints she had received regarding the cleanliness of the Centennial Park Lake. MOTION: Mayor Amezcua moved to approve the recommendation action for Item No. 15, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 11 February 21, 2023 16.Approve an Agreement with Service 1st for Pool Maintenance Services at Five City Pools for a Three­Year Term for an Annual Amount not to Exceed $248,135, Including an Annual Contingency of $50,000, for a Total Agreement Amount of $1,240,675 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Service 1st to provide scheduled maintenance duties in an annual amount of $248,135, including an annual contingency of $50,000, for a total agreement amount not to exceed $1,240,675 for a three­year period beginning February 21, 2023 and ending on February 20, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­021). 17.Approve Cooperative Agreement to Fund Total Maximum Daily Load Programs and Related Activities in the Newport Bay Watershed Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute Cooperative Agreement No. MA­080­23010376 with the County of Orange and other Newport Bay Watershed dischargers to fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed for a five­year term beginning July 1, 2023 and expiring June 30, 2028, subject to non­substantive changes by the City Manager and City Attorney (Agreement No. 2023­022). MINUTES: Councilmember Phan reported a recusal on Item No. 17, as the listed entities are clients of her employer. MOTION: Councilmember Penaloza moved to approve Item No. 17 as part of the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE PHAN (recusal) NONE Status: 6 – 0 - 1 – Pass CITY COUNCIL 12 February 21, 2023 18.Blanket Order Agreement with C3 Technology Services for Purchase of Sharp Copiers and Managed Print Services in a Combined Annual Amount Not To Exceed $310,000 (General and Non­General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with C3 Technology Services for Sharp copier equipment and managed print services for a three­year period beginning March 1, 2023 through March 1, 2026 with two optional one­year renewal periods exercisable by the City Manager in an annual not to exceed amount of $310,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­023). 19.Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with DTSA Services for the Downtown Santa Ana Clean & Safe Program, for a total agreement amount not to exceed $5,098,307, which includes a 10­percent contingency, for a three­year term beginning March 1, 2023 and expiring February 29, 2026 with an option for one two­year extension, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­025). MINUTES: Councilmember Bacerra inquired about an alternative in the event that the agreement not be approved and the scope of work was performed by Republic Services. MOTION: Councilmember Bacerra moved to approve the three-year agreement without the option for a two-year extension and have staff return within six months to provide alternatives for City staff to provide services rather than a third-party contractor, seconded by Councilmember Penaloza. MINUTES: Councilmember Penaloza inquired about the amount of general funds needed once the American Rescue Plan Act monies have been expended. Councilmember Hernandez spoke in support of the item. MOTION: Councilmember Bacerra moved to amend to approve a three-year agreement without the option for a two-year extension, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE CITY COUNCIL 13 February 21, 2023 ABSENT:NONE Status: 7 – 0 – Pass 20.Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2022 Edward Byrne Memorial Justice Assistance Grant (Non­General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff’s Department accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $102,441, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­026). 2. Approve an appropriation adjustment recognizing $102,441 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.) MINUTES: Mayor Amezcua inquired about the disbursement of the grant funds throughout the Santa Ana Police Department. Councilmember Vazquez inquired about the number of youths who are assisted through the Police Athletic Activities League (PAAL). Councilmember Penaloza spoke in support of PAAL. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 20, seconded by Councilmember Phan. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 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. 2023­008 – Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission CITY COUNCIL 14 February 21, 2023 meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. 22.Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request Department(s): City Manager Office Recommended Action: 1. Resolution No. 2023­009 – Adopt a Resolution approving the Proposed City Council Actual and Necessary Expense Policy. 2. Approve reimbursement request not to exceed $1,500. MINUTES: Mayor Pro Tem Lopez stated that although she pulled the item her questions were answered by staff and thus she had no additional questions or comments. Councilmember Hernandez asked City Manager Kristine Ridge to provide a scope and coverage of the proposed reimbursement. City Manager Ridge clarified that funds have not been set aside for reimbursement, however Council has a supplies budget and the proposed amendment would enable the reimbursement of services that currently do not fall under the supplies restrictions. Mayor Amezcua spoke of threats she experienced and having to pay for security out of her pocket. She also spoke in support of reimbursing any member of the Council, in the event that they have a similar situation to hers. Councilmember Penaloza requested staff clearly define the scope of services eligible for reimbursement in order to prevent misuse and expressed interest in having receipts presented to Council for approval prior to reimbursement. City Attorney Sonia Carvalho clarified the scope of the item. Councilmember Bacerra inquired about the number of votes needed if funds are being appropriated. MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 22, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 15 February 21, 2023 **END OF CONSENT CALENDAR** STAFF PRESENTATIONS 3.Homelessness Update MINUTES: Community Development Director Mike Garcia provided a brief presentation on the following topics: •Quality of Life Team (QOLT) •SMART •Homeless Services federal and state funding •Recent Events •Navigation Center 4.Diemer Treatment Plant Tour Opportunity MINUTES: Water Resources Manager Cesar Barrera provided a brief presentation. MINUTES: At 9:17 P.M., the Business Calendar was considered. 23.Fiscal Year 2022­23 Mid­Year Budget Update, Revive Spending Plan Update, Appropriation Requests and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1.Receive and file the FY 2022­23 Mid­Year budget update, including an update for the Revive Santa Ana Spending Plan. 2.Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3.Resolution No. 2023­XXX – Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015­026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN. 4.Resolution No. 2023­XXX – Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022­2023 ANNUAL BUDGET TO ADD AND DELETE FULL­TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING BUSINESS CALENDAR CITY COUNCIL 16 February 21, 2023 DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. MINUTES: Councilmember Phan recused herself from participating in discussions related to the 3rd and Broadway Project and Caribou Industries due to a conflict of interest as they are a client of her employer Rutan & Tucker. MOTION: Mayor Amezcua moved to segment the discussion and consideration of 3rd and Broadway Project, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 - 0 – Pass MINUTES: Councilmember Phan left the dais during the discussion and consideration of 3rd and Broadway. Discussion and Consideration of the 3rd and Broadway Project: Councilmember Penaloza requested staff provide a brief history of the project. City Manager Kristine Ridge provided a brief history of the development. MOTION: Councilmember Vazquez moved to continue the discussion to the next regularly scheduled meeting in order to allow new members of the Council to receive a more in-depth background of the project and the agreement, seconded by Councilmember Hernandez. SUBSTITUTE MOTION: Moved by Councilmember Bacerra to approve the recommended action for 3rd and Broadway, seconded by Councilmember Penaloza. The substitute motion failed, 3-3-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER PHAN NONE Status: 3 – 3 – 1 – Fail CITY COUNCIL 17 February 21, 2023 The original motion failed, 3-3-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER PHAN NONE Status: 3 – 3 – 1 – Fail MINUTES: Councilmember Phan returned to the dais for the discussion and consideration of the remainder of Item 23. Executive Director of Finance and Management Services Kathryn Downs provided a brief presentation on the following staff recommendations: •Receive and file the updates •Approve appropriation adjustment •Adopt two resolutions to update employee classifications and staffing. City Manager Kristine Ridge provided a brief presentation on the American Rescue Plan Act spending and Revive Santa Ana. Councilmember Hernandez inquired about the disbursement of funds donated by Republic Services and stated that he would like more community involvement regarding the disbursement decisions. He spoke in support of the Mayor’s Prayer Breakfast, the Orange County Pride Festival, and a fund increase for other City sponsored festivals. Councilmember Bacerra inquired about personnel changes for the Library Services and the Police Department. He spoke in opposition to the appropriation of 1.32 million dollars from the no-departmental fund for the Police Officers Association Memorandum of Understanding. MOTION: Councilmember Hernandez moved to continue Item No. 23 to the next City Council meeting, seconded by Mayor Amezcua. MINUTES: Councilmember Phan inquired how the structure of the Prayer Breakfast event ensures the City is in compliance with the United States and State of California constitutions. City Attorney Sonia Carvalho advised against the use of the term “host” or “sponsor” in connection with “prayer”. Mayor Amezcua stated that the Santa Ana Chamber of Commerce would be hosting the Prayer Breakfast, not the City. CITY COUNCIL 18 February 21, 2023 Councilmember Penaloza inquired about the Blessing of the City event that took place in 2019 and how that event was able to circumvent any legal ramifications. Councilmember Phan spoke in support of the Orange County Pride Parade, and inquired about the selection of non-profit organizations that would be receiving funds from Republic Services donations. Mayor Pro Tem Lopez spoke in support of the Orange County Pride Parade and the Prayer Breakfast. She inquired regarding the language for the proposed distribution of the donation funds made by Republic Services and the use of the Park and Safety funds to assist with the Santiago Park restoration. She recorded her opposition to approving recommended action number two (2). Councilmember Penaloza stated he preferred Republic Services to provide faster and consistent waste pick up services in lieu of their donation. He inquired about the personnel changes in the Library Department and spoke in support of the Orange County Pride Parade and the Prayer Breakfast. He spoke in opposition to recommended action number two (2). City Manager Ridge stated that five affirmative votes are not required to approve an agreement and used the February 2019 meeting for reference. City Attorney Sonia Carvalho stated that City Council legally appropriated five million dollars in the event that staff came to an agreement with various bargaining units. Staff subsequently proposed a contract document fully aware that funds had been appropriated and that her interpretation of tonight’s staff report is that the Director of Finance is taking the appropriated money from one account to another. Mayor Amezcua spoke regarding inclusivity in the City and what her role in the Prayer Breakfast would be. MOTION: Councilmember Hernandez moved to continue Item No. 23 to the March 21, 2023 City Council meeting, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass; Item Continued to March 21, 2023 **END OF BUSINESS CALENDAR** CITY COUNCIL 19 February 21, 2023 MINUTES: At 11:02 P.M., the Work Study Session was considered. 24.Environmental Sanitation and Roadway Cleaning Fee Work Study Session Department(s): Public Works Agency Recommended Action: Discuss and provide direction to staff. MINUTES: Mayor Amezcua continued Item No. 24 to the March 7, 2023 City Council meeting. COUNCILMEMBER REQUESTED ITEMS 25.Discussion and Announcement of Ad Hoc Committees for Crossing Guards and Sheltering Homeless Families – Mayor Amezcua MINUTES: Mayor Amezcua appointed herself, Councilmember Bacerra, and Councilmember Hernandez as members of the Crossing Guard Ad Hoc Committee. Councilmember Bacerra and Councilmember Hernandez both agreed with the appointments. Mayor Amezcua appointed herself and Councilmember Penaloza to serve on the Sheltering Homeless Families Ad Hoc Committee and she opened the floor to nominations. Councilmember Vazquez nominated himself and Mayor Amezcua spoke in agreement. Mayor Amezcua directed the Sheltering Homeless Families Ad Hoc to provide an informational report within 90 days. AGENDA ITEM NO. 26 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR. CITY MANAGER COMMENTS MINUTES: None. 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: Mayor Pro Tem Lopez congratulated the Floral Park Neighborhood on their approved registration as a federal and state-recognized Historic District. WORK STUDY SESSION CITY COUNCIL 20 February 21, 2023 Councilmember Vazquez announced an upcoming clean-up event at Pacific Park on Saturday, February 25, 2023. Councilmember Bacerra announced that his community office hours would be held on March 5, 2023, at George Upton Park. He reminded the public that the Orange County Fire Authority would be hosting an open house on March 5, 2023, at One Fire Authority Road in Irvine. He thanked Mater Dei Football coach Frank McManus for introducing himself and attending the meeting. He provided a brief history of Ben Bomo Coral and wished him a happy 114th birthday. Lastly, he thanked the Code Enforcement Department for their assistance regarding the illegal street vendors and requested that aside from code enforcement and police assistance that anti anti-human trafficking resources be offered to those who are being forcedto work for street vendors. Councilmember Phan reminded the public to apply to tour the Diemer Treatment Plant, spoke of the importance of water conservation, and wished everyone a good night. Mayor Amezcua announced that she would be hosting her first Coffee with the Mayor at El Salvador Park on March 25, 2023, in conjunction with the non-profit organization Project Food Box and the Santa Ana Police Department. She stated the meeting would be adjourned in honor of former Councilmember and Mayor Pro Tem John Acosta. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua reconvened to Closed Session at 11:16 p.m. and adjourned the City Council meeting in memory of former Councilmember and Mayor Pro Tem John Acosta. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 03/07/2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California March 7, 2023 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 MINUTES: Mayor Amezcua called the Special Closed Session Meeting to order at 4:09 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tem Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 2 03/07/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. Councilmembers Penaloza and Vazquez, Mayor Pro Tem Lopez and Mayor Amezcua were present in-person. Councilmembers Bacerra, Hernandez, and Phan attended via teleconference. MINUTES: Councilmember Phan reported a recusal for Closed Session Agenda Item Nos. 1B and 1C as the listed entity, Dyer 18, LLC, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. MINUTES: At 4:10 P.M., Mayor Amezcua recessed to consider the 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.City of Santa Ana v. Rim Pacific Investors Portofino, LLC, Orange County Superior Court, Case No. 30­2021­01221615 B.City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30­ 2022­01248172 C.City of Santa Ana v. Dyer 18 LLC, United States District Court, Case No. 8:22­cv­ 00433 D.Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristine Ridge, Sonia Carvalho and Jason Motsick, Orange County Superior Court Case No. 30­2021­01230129­CU­OE­ CJC E.Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, Orange County Superior Court Case No. 30­2021­01230134­ CU­WT­CJC F.Santa Ana Police Officers Association v. City of Santa Ana, PERB Case No. LA­ CE­1620­M CITY COUNCIL 3 03/07/2023 G.Santa Ana Police Officers Association v. City of Santa Ana, Council of the City of Santa Ana, and Norma Orozco, Orange County Superior Court Case No. 30­2022­ 01298807­CU­WM­CJC H.Gerry Serrano v. City of Santa Ana, WCAB Case No. ADJ5249990 2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees’ International Union (SEIU) Full­Time Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) 3.CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: A.Property Address: 201 S. Mountain View and 4320 W. 1st Street, Santa Ana, CA 92704, APN: 188­021­10 and 188­021­11 Negotiators: City Manager Kristine Ridge Negotiating Party: Charles Akoboff Family Trust, the Lucik Akoboff Revocable Trust and Anna Poladian Trust Terms: Potential Acquisition 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 4 03/07/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:35 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present. Councilmembers Bacerra, Hernandez, Penaloza, and Vazquez, Mayor Pro Tem Lopez (arrived at 6:37 P.M.), and Mayor Amezcua were present in-person. Councilmember Phan attended via teleconference. PLEDGE OF ALLEGIANCE Rich Gomez WORDS OF INSPIRATION Pastor Ivan Pitts CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua to the City’s Executive Assistants and Executive Secretaries in Honor of Women’s History Month. 2.Proclamation presented by Councilmember Bacerra declaring March 2023 as Arts in Education Month. MINUTES: Mayor Amezcua presented certificates of recognition to the City’s Executive Assistants and Executive Secretaries, thanked them for their hard work and dedication, and spoke regarding Women’s History Month. CITY COUNCIL 5 03/07/2023 Councilmember Bacerra proclaimed March 2023 as Arts in Education Month and presented the proclamation to Robin McNair and the arts education program from the Santa Ana School District. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: Chief Assistant City Attorney Laura Rossini 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 non­agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council in-person: 1.Zach Kantor-Anaya spoke in support of Agenda Item No. 21. 2.Boris Gresely spoke regarding worker abuse and in support of Agenda Item No. 20. 3.May Tanner spoke regarding the housing crisis in California and the impacts to the community and spoke in support of Agenda Item No. 21. 4.Kandice Hawes-Lopez announced a free course related to the cannabis industry and invited residents to attend the Senior Cannabis Fair event on March 22, 2023 at Pharmacy Santa Ana from 10:00 A.M. – 1:00 P.M. 5.Claudio Gallegos spoke in support of Agenda Item No. 21. 6.Gabriel Montoya spoke regarding women in the healthcare industry and staffing crisis. 7.Roberto Guzman spoke in support of Agenda Item No. 16. 8.Venancio Chavez spoke regarding the welfare and safety of the community and expressed concern regarding the planters placed around the City. 9.Desi Reyes spoke in support of Agenda Item No. 11. The following speakers addressed Council via teleconference: 10.Tim Johnson spoke in support of Agenda Item No. 13 and thanked Council for their hard work and efforts. 11.Fernando Delgado spoke regarding Agenda Item No. 16 and in support of street vendors. CITY COUNCIL 6 03/07/2023 12.Victor Mendez spoke regarding Measure X funds and Agenda Item No. 18. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 16, One (1) comment regarding Agenda Item No. 18, One (1) comment regarding Agenda Item No. 21, and twenty-one (21) non-agenda comments. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 16 and waive reading of all resolutions and ordinances MINUTES: At 7:32 P.M., Councilmember Penaloza pulled Agenda Item No. 10 and Councilmember Vazquez pulled Agenda Item No. 16 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 13, as the listed entities are clients of her employer. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 3 through 16 with the exception of Item Nos. 10 and 16, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 3.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 4.Appoint David Crockett Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Personnel Board for a Partial­Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint David Crockett to the Personnel Board as the Ward 3 CONSENT CALENDAR CITY COUNCIL 7 03/07/2023 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office for David Crockett. 5.Appoint Carlos Perea Nominated by Councilmember Vazquez as the Ward 2 Representative to the Police Oversight Commission for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Carlos Perea to the Police Oversight Commission as the Ward 2 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office for Carlos Perea. 6.Receive and File Quarterly Report of Investments as of December 31, 2022 Department(s): Finance and Management Services Recommended Action: Receive and file. 7.Receive and File Quarterly Report of Contracts up to $50,000 for Non­Public 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 October 1, 2022 to December 31, 2022, valued at up to $50,000 for non­ public works contracts and agreements and up to $250,000 for public works contracts and agreements. 8.Final Payment to Naphcare, Inc. in the amount of $66,772 for Inmate Medical Services (General Fund) Department(s): Police Department Recommended Action: Authorize final payment to Naphcare, Inc. for past services rendered in the amount of $66,772. 9.Award Blanket Order Contracts to HD Supply, Snap­on, WESCO Distribution, Inc; and White Cap, LP for Maintenance, Repair, and Operating Supplies and Equipment in the Annual not to Exceed Aggregate Amount of $565,000 for a One­Year Term Ending on March 31, 2024, with Provisions for up to Five Additional One­Year Renewal Periods (Specification No. 23­015) (General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to vendors listed below for CITY COUNCIL 8 03/07/2023 as­needed maintenance, repair, operating supplies, and equipment for a one­year term ending on March 31, 2024, with provisions for up to five one­year renewal periods in accordance with each vendor’s respective contract terms and conditions, subject to non­substantive changes approved by the City Manager and City Attorney. The annual aggregate not­to­exceed amount is $565,000, with a total aggregate not­to­exceed amount of $3,390,000 for the entire term, including renewal periods exercisable by the City Manager. HD Supply, San Diego, CA Snap­On, Kenosha, WI WESCO Distribution, Inc., Pittsburgh, PA White Cap, LP., Orlando, FL 10.Award a Construction Contract to Excel Paving Co. in the Amount of $1,798,800.00 for the West Willits Protected Bike Lanes from Fairview Street to Raitt Street Project, with an Estimated Project Delivery Cost of $2,277,000.00 (Project No. 19­6948, ATPSBL­5063(195)) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Award a construction contract to Excel Paving Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,798,800.00, for construction of the West Willits Protected Bike Lanes from Fairview Street to Raitt Street Project, for a term beginning March 7, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney. 2.Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,277,000.00, which includes $1,798,800.00 for the construction contract, $270,000.00 for contract administration, inspection and testing, and a $208,200.00 project contingency for unanticipated or unforeseen work. MINUTES: Councilmember Penaloza asked questions regarding capital improvement projects, fees, and timelines. He spoke regarding the aesthetics of bike lanes and surrounding landscaping. City Manager Kristine Ridge spoke regarding timelines related to capital improvement projects. Public Works Director Nabil Saba spoke regarding the landscaping plans. Councilmember Hernandez thanked the Public Works Department for all their hard work and efforts. CITY COUNCIL 9 03/07/2023 MOTION: Councilmember Penaloza moved to approve Item No. 10, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NONE MAYOR PRO TEM LOPEZ Status: 6 – 0 – 0 – 1 – Pass 11.Approve an Amendment to the FY 2022­23 Capital Improvement Program for $752,471.25 and Award a Construction Contract to International Line Builders, Inc. in the Amount of $601,977.00 for the Saddleback View Neighborhood Street Lighting Project, with an Estimated Project Delivery Cost of $752,471.25 (Project No. 22­ 6017) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2022­23 Capital Improvement Program to include $752,471.25 in construction funds for the Saddleback View Neighborhood Street Lighting Project (Project No. 22­6017). 2. Award a construction contract to International Line Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $601,977.00, for construction of the Saddleback View Neighborhood Street Lighting Project, for the term beginning March 7, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $752,471.25, which includes $601,977.00 for the construction contract, $90,296.55 for contract administration, inspection and testing, and a $60,197.70 project contingency for unanticipated or unforeseen work. 12.Approve an Appropriation Adjustment, and Award a Construction Contract to Elecnor Belco Electric, Inc., in the Amount of $493,244.76 for the Bristol Street and Santa Clara Avenue Traffic Signal Installation Project with an Estimated Project Delivery Cost of $616,555.95 (Project No. 22­6995) (Non­General Fund) Department(s): Public Works Agency CITY COUNCIL 10 03/07/2023 Recommended Action: 1.Approve an appropriation adjustment recognizing $297,100 in FY 2022­23 Highway Safety Improvement Program, State Grant­Direct funds into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2.Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $493,244.76, for construction of the Bristol Street and Santa Clara Avenue Traffic Signal Installation Project, for the term beginning March 7, 2023, and ending upon project completion, subject to non­substantive changes approved by the City Manager and City Attorney. 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $616,555.95, which includes $493,244.76 for the construction contract; $73,986.71 for contract administration, inspection and testing; and a $49,324.48 project contingency for unanticipated or unforeseen work. 4.Approve an amendment to the FY 2022­23 Capital Improvement Program to include $297,100 in construction funding from Highway Safety Improvement Program grant funds and $320,000 in construction funding from General Funds approved in FY 22­23 proposed budget for the Bristol Street and Santa Clara Avenue Traffic Signal Modification. 13.Approve a Loan Agreement with North Broadway Housing Partners LP (C/O Jamboree Housing Corporation and WISEPlace) for a total of $5,256,327 for the Development of the WISEPlace Permanent Supportive Housing Project Located at 1411 N Broadway; Approve a Subordination Agreement with Bank of America as the Senior Lender; Approve Two (2) Subordination Agreements with the County of Orange and the Orange County Housing Finance Trust, Respectively, as Junior Lenders (Non­General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Loan Agreement with North Broadway Housing Partners LP (c/o Jamboree Housing Corporation and WISEPlace) for $5,256,327 in HOME Investment Partnerships Program ­ American Rescue Plan (“HOME­ARP”) funds for the development of the WISEPlace Permanent Supportive Housing project located at 1411 N. Broadway, Santa Ana, CA 92701, APN 398­523­04 (“Site”) subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. A­2023­027). 2. Authorize the City Manager to execute a Subordination Agreement with Bank of America to subordinate the City’s Loan Agreement to a senior loan, subject to non­ substantive changes approved by the City Manager and City Attorney CITY COUNCIL 11 03/07/2023 (Agreement No. A­2023­028). 3. Authorize the City Manager to execute two (2) Subordination Agreements with the County of Orange (“County”) and Orange County Housing Finance Trust (“OCHFT), respectively, to subordinate the County and OCHFT’s junior loan agreements to the City’s HOME­ARP Loan Agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement Nos. A­2023­029 and A­2023­030). 4. Authorize the City Manager to execute a future Subordination Agreement with Jamboree Housing Corporation, WISEPlace, Bank of America and/or any other senior lender as needed after the WISEPlace Permanent Supportive Housing project is complete, subject to approval as to form by the City Attorney (Agreement No. 2023-031). MINUTES: Councilmember Phan reported a recusal on Item No. 13, as the listed entities are clients of her employer. MOTION: Councilmember Bacerra moved to approve Item No. 13 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN NONE Status: 6 – 0 – 1 – 0 – Pass 14.Resolution Accepting the In­Kind Donation for the Repair and Resurfacing of the Basketball Court at Portola Park Department(s): Parks, Recreation, and Community Services Recommended Action: 1.Adopt Resolution No. 2023­010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF THE REPAIR AND RESURFACING OF THE BASKETBALL COURT AT PORTOLA PARK 2.Authorize the City Manager to execute donation agreement with Project Backboard for the repair and resurfacing of a basketball court, valued at approximately $75,000, with no cost to the City, for the period of March 7, 2023 through April 30, 2023, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­032). CITY COUNCIL 12 03/07/2023 15.Adopt a Resolution Authorizing Grant Application Submission for California Department of Water Resources 2022 Urban and Community Drought Relief Grant Program (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt Resolution (RESOLUTION NO. 2023­011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 38 WELLHEAD TREATMENT PROJECT AND WEST STATION WELL PROJECT 16.A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety and Welfare of Its Residents, Visitors, and Business Owners in the Enforcement of State Sidewalk Vendor Regulations, the Federal Americans With Disabilities Act of 1990 and Other Disability Access Standards, and All Local Regulations Pertaining to the Use and Maintenance of Public Sidewalks and Other Pedestrian Pathways, and Urging the State Legislature of the State of California to Amend State Law and Allow Local Jurisdictions the Right of Self­Determination to Enact Local Sidewalk Regulations Department(s): Planning and Building Agency Recommended Action: Adopt a Resolution (RESOLUTION NO. 2023-112) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AFFIRMING ITS DEDICATION AND ITS PRIORITY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF ITS RESIDENTS, VISITORS, AND BUSINESS OWNERS IN THE ENFORCEMENT OF STATE SIDEWALK VENDOR REGULATIONS, THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 AND OTHER DISABILITY ACCESS STANDARDS, AND ALL LOCAL REGULATIONS PERTAINING TO THE USE AND MAINTENANCE OF PUBLIC SIDEWALKS AND OTHER PEDESTRIAN PATHWAYS, AND URGING THE STATE LEGISLATURE OF THE STATE OF CALIFORNIA TO AMEND STATE LAW AND ALLOW LOCAL JURISDICTIONS THE RIGHT OF SELF­ DETERMINATION TO ENACT LOCAL SIDEWALK REGULATIONS MINUTES: Councilmember Vazquez spoke regarding Senate Bill 972 and requested Whereas clauses nos.16-18 be removed from the proposed resolution and add the following language to the resolution to urge the City to work alongside the County to facilitate timely implementation of SB972 and ensure all local street food vendors are made aware and can access County permitting process once the compact mobile food vending process has been developed and establish a municipal sidewalk vending permitting program, as well as outreach, educate, and provide assistance. Councilmember Bacerra spoke regarding the proposed resolution and in support of the item. CITY COUNCIL 13 03/07/2023 Councilmember Hernandez spoke in support of the proposed changes by Councilmember Vazquez and regarding street vendors, exploitation of workers, and education of the bill. He proposed additional amendments to Section 3 of the resolution to incorporate the following language: “the City of Santa Ana affirms its dedication and its priority to protect the health, safety, and welfare of its residents, local street vendors, visitors, and business owners”; and to Section 4 to incorporate “local street vendors.” MOTION: Councilmember Vazquez moved to adopt the resolution, as amended, seconded by Councilmember Hernandez. SUBSTITUTE MOTION: Councilmember Penaloza moved to adopt the resolution, as presented, seconded by Councilmember Bacerra. MINUTES: Mayor Pro Tem Lopez spoke regarding the proposed changes to the resolution. Councilmember Phan spoke in support of the proposed resolution and requested a clarification regarding the stationary street vendors. Discussion ensued regarding clarification of the stationary street vendors and the proposed changes to the resolution. Mayor Amezcua spoke in support of the item and spoke regarding pop-up street vendors and violations. The substitute motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ NONE NONE Status: 5 – 2 – Pass **END OF CONSENT CALENDAR** AT 8:10 P.M., AGENDA ITEM NO. 20 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE BUSINESS CALENDAR. COUNCILMEMBER REQUESTED ITEMS 20.Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending Section 8­6 of the Municipal Code to Increase Transparency and Accountability Regarding Contractor and Subcontractor Disclosures – Councilmember Phan CITY COUNCIL 14 03/07/2023 MINUTES: Councilmember Phan spoke regarding data collection of subcontractors and associated violations. She spoke in support of the item. Councilmembers Penaloza, Vazquez, Bacerra, and Hernandez spoke in support of the item. Mayor Pro Tem Lopez spoke in support of the item. Mayor Amezcua spoke in support of the item and requested the second reading be presented at the second meeting in April. MINUTES: At 8:17 P.M., the Business Calendar was considered. 17.Ordinance Amending Article XI Of Chapter 33 Of The Santa Ana Municipal Code (Streets Sidewalks And Public Works) Related To Ceremonial Street Naming Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Article XI of Chapter 33 of the Municipal Code relating to ceremonial street naming. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATING TO CEREMONIAL STREET NAMING MINUTES: Public Works Director Nabil Saba gave a presentation regarding amending Article XI relating to Ceremonial Street Naming. MOTION: Councilmember Penaloza moved to approve the first reading of an ordinance amending Article XI of Chapter 33 of the Municipal Code relating to ceremonial street naming, seconded by Mayor Amezcua. ORDINANCE NO. NS-3042 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA A M E N D I N G ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATING TO CEREMONIAL STREET NAMING, read by title and waive further reading. SUBSTITUTE MOTION: Councilmember Hernandez moved to maintain the status quo, seconded by Councilmember Vazquez. BUSINESS CALENDAR CITY COUNCIL 15 03/07/2023 MINUTES: Councilmember Vazquez spoke regarding keeping the status quo and addressing the issue by wards. Mayor Amezcua spoke regarding the inconsistency of addressing this topic by wards and requested additional information with options at the second meeting in May. Discussion ensued regarding ceremonial street naming toppers and a community survey. SECOND SUBSTITUTE MOTION: Mayor Amezcua moved to continue Item No. 17 to the May 16, 2023 City Council meeting, seconded by Councilmember Bacerra. The second substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 4 - 3 – Pass; Item continued to May 16, 2023. 18.Senior Citizens Commission Informational Report Department(s): Parks, Recreation, and Community Services Recommended Action: Accept informational report and provide direction to staff. MINUTES: Parks, Recreation, and Community Services Director Hawk Scott gave a presentation regarding the Senior Citizens Commission Informational Report and proposed options. Councilmember Vazquez asked for costs associated with the Parks, Recreation, and Community Services Commission. Director Scott stated the cost per meeting is $50. City Manager Kristine Ridge spoke regarding staffing costs. Councilmember Penaloza spoke in support of staff’s recommendation to add two more seats to the existing to the Parks, Recreation, and Community Services Commission and questioned who appoints the additional members. Director Scott stated the Mayor and the Mayor Pro Tem would appoint the additional members. Councilmember Penaloza expressed concern regarding the terms of office for the two new members. CITY COUNCIL 16 03/07/2023 Councilmember Bacerra spoke in support of Option 2. Discussion ensued regarding the appointment and terms of office for the additional members. Councilmember Penaloza suggested staff select the two additional members from the City’s Senior Centers. Mayor Amezcua spoke in support of Option 2 and selecting the two individual members from the City’s two Senior Centers. Mayor Pro Tem Lopez echoed previous comments. Councilmember Phan asked for clarification regarding the age requirement for Seniors. Councilmember Hernandez spoke in support of staff’s recommendation. General consensus to support Option 2 as presented by staff to add two seats to the Parks, Recreation, and Community Services Commission to represent older adults. **END OF BUSINESS CALENDAR** 19. Environmental Sanitation and Roadway Cleaning Fee Work Study Session Department(s): Public Works Agency Recommended Action: Discuss and provide direction to staff. MINUTES: Item No. 19 was considered at 8:48 P.M. Public Works Director Nabil Saba gave a presentation regarding the Environmental Sanitation and Road Way Cleaning Fee. Councilmember Vazquez expressed concern with increased fees and services. Councilmember Bacerra echoed previous comments. Discussion ensued regarding the RFP, rate study, and timeframe associated with the new contract, rates, and fees implementation. No action taken. WORK STUDY SESSION CITY COUNCIL 17 03/07/2023 COUNCILMEMBER REQUESTED ITEMS 21.Discuss and Consider Directing the City Manager to Direct Staff to Explore the Feasibility of the Conversion of the City of Santa Ana­Owned Parcels within the River View Golf Course to Parkland – Mayor Pro Tem Lopez and Councilmember Hernandez MINUTES: Mayor Pro Tem Lopez spoke regarding the beautification efforts throughout the City and the positive impacts to the community with the conversion of City-owned parcels within the River View Golf Course to a parkland. Councilmember Hernandez spoke regarding the ability of bringing the community together with the conversion and thanked all those in support. Councilmember Penaloza thanked all leadership for their support and spoke regarding funding and in support of the item. Councilmember Vazquez spoke in support of the item. Councilmember Bacerra spoke in support of the item, spoke regarding funding, and thanked all leadership for their support. Councilmember Phan echoed previous comments. Mayor Amezcua spoke in support of the item and thanked all leadership for their support. Councilmember Penaloza requested a resolution be brought back at the first meeting in April. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced the National Public Works Week community event on May 20, 2023 11:00 A.M. – 3:00 P.M. at the Walnut Water Pump Station. 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 Vazquez announced clean-up and community service efforts. CITY COUNCIL 18 03/07/2023 Councilmember Penaloza welcomed new City Clerk Jennifer L. Hall, announced Daylight Savings Time on Sunday, March 20, 2023, and spoke regarding residents’ concerns related to street construction. Councilmember Hernandez thanked all those who participated and spoke regarding Ruben Salazar and wished him a Happy Birthday. Councilmember Bacerra welcomed new City Clerk Jennifer L. Hall, spoke regarding an open house event by Orange County Fire Authority on March 4, 2023, encouraged all to attend budget community meetings, congratulated the Floral Park Neighborhood for being recognized as a Federal and State Historic area, and wished everyone a Happy St. Patrick’s Day. Mayor Amezcua thanked Deputy City Clerk Norma Orozco for her time as Acting City Clerk. Mayor Pro Tem Lopez congratulated new Personnel Commission members, thanked staff for their hard work and efforts, thanked Deputy City Clerk Norma Orozco for her time as Acting City Clerk, and requested the meeting be adjourned in memory of Gerardo Mouet. Councilmember Phan encouraged all to attend budget community meetings and requested all to stay safe. At 9:24 P.M., Mayor Amezcua recessed to Closed Session and reconvened at 10:08 P.M. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:08 P.M. in memory of Gerardo Mouet. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 03/21/2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California March 21, 2023 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 MINUTES: Mayor Amezcua called the Special Closed Session Meeting to order at 4:05 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tem Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 2 03/21/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza, Phan and Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:06 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH 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) Service Employees’ International Union (SEIU) Full­Time Employees 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. RECONVENE – City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7:08 P.M. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action. ADJOURNMENT – Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7:08 P.M. CITY COUNCIL 3 03/21/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:08 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 7:12 P.M.), Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (arrived at 7:10 P.M.), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Fire Chief James Henerey WORDS OF INSPIRATION Police Chaplain Rupert Vega CEREMONIAL PRESENTATIONS 1.Certificate of Recognition presented by Mayor Pro Tem Lopez to Rachael Cianfrani for Outstanding Contributions to the Community 2.Certificate of Recognition presented by Councilmember Bacerra to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan for Outstanding Acts of Heroism 3.Proclamation presented by Councilmember Hernandez declaring March 3, 2023 as Ruben Salazar Day MINUTES: Ceremonial Presentation Agenda Item No. 1 was not presented. Councilmember Bacerra presented a certificate of recognition to Orange County Fire Authority Firefighter/Paramedic Nicholas Sibayan for Outstanding Acts of Heroism. CITY COUNCIL 4 03/21/2023 Councilmember Hernandez proclaimed March 3, 2023 as Ruben Salazar Day and presented the proclamation to Ray Diaz. At 8:17 P.M. Mayor Amezcua considered the Agenda out of order and heard Public Comments prior to Staff Presentations PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Mary Cameron spoke regarding the Orange County Housing Authority Commission and invited all to attend the commission’s meetings. 2. Laura Hernandez, OC Rapid Response, spoke in opposition to Agenda Item No. 17. 3. Danny Vega spoke in support of Agenda Item No. 17. The following speakers addressed Council in-person: 4. Ana Laura Padilla expressed concern regarding the negative impacts of the OC Street Car Project to Downtown Santa Ana small businesses. 5. Ginette Sanchez expressed concern regarding the negative impacts of the OC Street Car Project to Downtown Santa Ana small businesses. 6. Shawn Makhani spoke regarding high sales taxes in the City and requested assistance for businesses in Downtown Santa Ana. 7. Paul Guzman requested the City Council represent the community when attending outside boards. 8. Ginelle Hardy spoke regarding Agenda Item No. 17 and requested the item be tabled. 9. Sandra Pocha Pena spoke in opposition to Agenda Item No. 17 and requested the item be tabled. 10.Dale Helvig spoke regarding Agenda Item No. 8 and Agenda Item No. 17. 11.Vanessa Cerda encouraged all to attend and participate at City Council meetings. 12.Jaylyn Verdin spoke regarding Agenda Item No. 17. CITY COUNCIL 5 03/21/2023 13.Irma Jauergui spoke regarding Agenda Item No. 17. 14.Carolyn Killion spoke in support of Agenda Item No. 17. 15.Jadeley Verdin spoke regarding Agenda Item No. 17. 16.Victor Payan spoke regarding the Santa Ana Police Department and in opposition to Agenda Item No. 17. 17.Maribel Gomez requested the City Council assist small businesses in Downtown Santa Ana. 18.Juliet Castro expressed concern regarding the negative impacts of the OC Street Car Project to Downtown Santa Ana small businesses. City Clerk Jennifer L. Hall reported out the summary of email comments received: Thirty (30) comments regarding Agenda Item No. 8, Nine (9) comments regarding Agenda Item No. 17, and two (2) non-agenda comments. STAFF PRESENTATIONS 4.A. Annual Presentation from Travel Santa Ana (Revised 3/15/2023) B. Homelessness Update MINUTES: 4B. Homeless Udpate Homeless Services Division Manager Ken Gominsky gave a presentation regarding the Homelessness Update. Councilmember Penaloza questioned whether pets were welcomed and required to be vaccinated. Mr. Gominsky spoke regarding individual and pet examinations and requisites. Discussion ensued regarding increased violations and fines, upkeep of property by Union Pacific Railroad Company, housing and vouchers, and availability of beds. Mayor Pro Tem Lopez requested a presentation by CalOptima regarding funding to develop a street medicine program. 4A. Annual Presentation from Travel Santa Ana (Revised 3/15/2023) Travel Santa Ana President and CEO Wendy Haase gave a presentation regarding the Annual Update. CITY COUNCIL 6 03/21/2023 Councilmember Penaloza thanked CEO Haase for the presentation and requested the website and brochure also highlight the west side of Santa Ana. Councilmember Phan suggested the website highlight the west side of Santa Ana, commended CEO Haase, and requested she work with downtown businesses to form relationships. Councilmember Hernandez requested the website be more diverse and include native/local Santa Ana individuals in building the website and thanked CEO Haase for her work. Councilmember Vazquez spoke regarding food content and marketing efforts. Mayor Amezcua requested the website attract individuals from all regions, public relations be focused on the Downtown Area to assist businesses, and thanked CEO Haase for her hard work and efforts. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22 and waive reading of all resolutions and ordinances MINUTES: At 9:26 P.M., Councilmember Bacerra pulled Agenda Item Nos. 8, 18, and 22, and Councilmember Vazquez pulled Agenda Item No. 17 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 16, as the listed entity, Dyer 18, LLC, is a client of her employer, Rutan and Tucker. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 5 through 22 with the exception of Agenda Item Nos. 8, 17, 18 and 22, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 - Pass 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. CONSENT CALENDAR CITY COUNCIL 7 03/21/2023 6.Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1 Representative to the Personnel Board for a partial­term expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 1 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administer the Oath of Office to Michelle Cisneros. 7.Receive and File a Report Regarding the Brown Act and Teleconferencing Provisions Department(s): Clerk of the Council Office Recommended Action: Receive and file a report regarding the Brown Act and teleconferencing provisions (informational purposes). 8.City of Santa Ana 2022 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1.Receive and file the City of Santa Ana 2022 General Plan Annual Progress Report. 2.Authorize staff to submit the City of Santa Ana 2022 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). 3.Direct staff to proceed with the formation of the Environmental Justice (EJ) Action Committee; and determine this action is exempt from further environmental review in accordance with the California Environmental Quality Act (CEQA) as it is not a “project” as defined in Section 15378 of the CEQA Guidelines. MINUTES: Councilmember Bacerra asked if the City of Santa Ana’s housing element had been approved by the State, if there are any applicable exemptions, and spoke regarding approved housing elements throughout California. City Manager Kristine Ridge stated that the City of Santa Ana’s Housing Element was approved in July and spoke regarding applicable housing exemptions. Discussion ensued regarding the selection of the Environmental Action Committee and clusters presented. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 8, seconded by Councilmember Penaloza. CITY COUNCIL 8 03/21/2023 The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 9.Annual Development Impact Fee Report for Fiscal Year 2021­2022 Department(s): Public Works Agency Recommended Action: Receive and file the Annual Development Impact Fee Report for Fiscal Year 2021­2022. 10.Award Aggregate Blanket Order Contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a Not­to­ Exceed Aggregate Amount of $975,000 (Specification No. 23­024) (General Fund and Non­General Fund) Department(s): Finance and Management Services Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of promotional items on an as­needed basis in an annual amount not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000, for an initial one­year term expiring on March 31, 2024, with provisions for four, one­year renewal options, subject to non­substantive changes approved by the City Manager and City Attorney. Graphic Printsource, Inc., Corona, CA Promotethis!, Huntington Beach, CA QCORP Printing Solutions, Loomis, CA Superior Promos, Brooklyn, NY 11.Award a Purchase Order to Sonsray Machinery, LLC in the amount of $51,681 for One Felling Custom Saw Trailer for the Public Works Water Resources Division (Specification No. 23­031) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment of Purchase Order to Sonsray Machinery, LLC. for one Felling Custom Saw Trailer, in the amount of $46,681, plus a contingency amount of $5,000, for a total amount not to exceed $51,681, subject to non­substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 9 03/21/2023 12.Award a Purchase Order to FieldTurf USA to provide and install Synthetic Turf at Field Nos. 1 and 3 at the Dan Young Sports Complex at Centennial Park in the amount of $2,970,859 (Specification No. 23­035) (Project 22­2766) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Authorize a one­time purchase and payment to FieldTurf USA to provide and install synthetic turf field at the Dan Young Sports Complex in the amount of $2,675,859, plus a contingency of $295,000 for a total amount not to exceed $2,970,859, subject to non­substantive changes approved by the City Manager and City Attorney. 2.Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project No. 22­2752). 13.Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Fairview Avenue Improvements from 9th Street to 16th Street and Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (Project Nos. 15­6827 and 23­6701) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the Public Works Agency to request a two­year time extension of Measure M2 Comprehensive Transportation Funding Program funding for Fairview Avenue Improvements from 9th Street to 16th Street project (21­ SNTA­ACE­3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask Avenue (22­SNTA­ACE­4020). 14.Approve an Amendment to the Project Cost Analysis to add $343,000 to an Existing Construction Contract with Big Ben, Inc. for a Revised Estimated Project Delivery Cost of $2,343,000, for the Lincoln Avenue Water and Sewer Main Improvements Project (Project Nos. 22­6468 and 22­6620) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Project Cost Analysis to reflect the new amount of $571,235 for project contingency for unanticipated or unforeseen work, for a total construction delivery cost of $2,343,000, subject to non-substantive changes approved by the City Manager and City Attorney. 15.Approve Appropriation Adjustments and Award a Construction Contract to GMZ Engineering, Inc. in the amount of $4,642,644 for the Downtown Flood Reduction and Stormwater Infiltration Project with an Estimated Construction Delivery Cost of $5,640,000 (Non­General Fund) Department(s): Public Works Agency CITY COUNCIL 10 03/21/2023 Recommended Action: 1.Approve an appropriation adjustment to recognize an additional $1.25 million in Proposition 68 Urban Flood Protection (UFP) grant funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, Direct Revenue Account and appropriate the same amount into the California Natural Resources Agency Urban Flood Protection, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2.Approve an appropriation adjustment to recognize $900,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior Year Carryforward revenue account and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3.Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to add $1.25 million of Proposition 68 Urban Flood Protection Grant Program funding and $900,000 of Federal Clean Water Protection Enterprise funding for the Downtown Flood Reduction and Stormwater Infiltration Project (22­6622). 4.Award a construction contract to GMZ Engineering Inc., the lowest responsible bidder, in accordance with the base bid plus bid alternate in the amount of $4,642,644, for construction of the Downtown Flood Reduction and Stormwater Infiltration Project, for the term beginning March 21, 2023 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. 5.Approve the Project Cost Analysis for a total estimated construction delivery cost of $5,640,000, which includes $4,642,644 for the construction contract, $552,356 for contract administration, inspection and testing, and a $445,000 project contingency for unanticipated or unforeseen work. (includes determination that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as Categorical Exemption Environmental Review No. ER­2022­95 was filed for the project) 16.Approve Agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc. for On­ Call Environmental Services in aggregate amounts not to exceed $2,450,000, for up to five­year terms (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc., to provide On­Call Environmental Services on as needed basis: federal contract in an aggregate amount not to exceed $950,000 for a three­year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­033). CITY COUNCIL 11 03/21/2023 2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and ECORP Consulting Inc, to provide On­Call Environmental Services on as needed basis: non­federal contract aggregate amount not to exceed $1,500,000 for a three­ year term beginning March 21, 2023 and expiring March 20, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­034). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 16 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 - 1 – Pass 17.Approve an Agreement with Dunbar Architecture for Architectural Design Services for the Historic Cypress Fire Station in an Amount Not to Exceed $434,880 for a Five­ Year Term (Project No. 22­6023) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Dunbar Architecture to develop plans, specifications, final construction documents, and construction support for the rehabilitation of the Historic Cypress Fire Station in the amount of $394,880 with a contingency of $40,000, for a total amount not to exceed $434,880, for a five­year term beginning March 21, 2023 and expiring March 20, 2028, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­044). MINUTES: Councilmember Vazquez questioned the purpose of the construction. City Manager Kristine Ridge spoke regarding the design and purpose of the building. Councilmember Vazquez expressed concern regarding an additional Santa Ana Police Athletic and Activity League (PAAL) program and requested a digital library in the area. He spoke regarding investing in the youth and the community. MOTION: Councilmember Vazquez moved to table the item. Motion died due to lack of a second. CITY COUNCIL 12 03/21/2023 MINUTES: Councilmember Penaloza asked for clarification on the action of this item. Chief Assistant City Attorney Laura Rossini stated the recommended action is to approve an agreement with Dunbar Architecture for the construction support for the rehabilitation of the Historic Cypress Fire Station and clarified the purpose of the building was made in August of 2022. Councilmember Bacerra spoke in support of a PAAL center. Councilmember Penaloza expressed concern regarding the five-year term of the agreement. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 17 as presented. Motion died due to lack of a second. MINUTES: City Manager Kristine Ridge spoke regarding the process of the proposed item. Discussion ensured regarding the process of the proposed item. MOTION: Councilmember Hernandez moved to continue the item to a later date and have staff gather community input, seconded by Councilmember Vazquez SUBSTITUTE MOTION: Councilmember Penaloza moved to approve, as amended, for a three-year term with an option to return to Council to consider an extension, if needed, seconded by Councilmember Bacerra. The substitute motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ NONE NONE Status: 5 – 2 – Pass 18.Agreement to Extend License with Southern California Edison Company for the Bristol/Alton Bike Trail (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a License Agreement (Contract No. 9.5074) with Southern California Edison Company to continue the use of Edison property for the Bristol Street and Alton Avenue Bike Trail for a term from May 1, 2023 through April 30, 2028 in an amount not to exceed $1,587, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­045). CITY COUNCIL 13 03/21/2023 MINUTES: Councilmember Bacerra expressed concern regarding the activity at the property and questioned if the City has submitted the proposed improvement to SoCal Edison. Public Works Director Nabil Saba spoke regarding coordination with SoCal Edison and stated improvements would be made in three months’ timeframe to the property. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 -0 – Pass 19.Approve Second Amendment to Master Service and Purchasing Agreement withAxon Enterprise, Inc., in the amount of $451,000, for a Records Management System for the Police Department (Non­General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the Second Amendment to the Agreement with Axon Enterprise, Inc. to provide a Records Management System to the Police Department in an additional amount not to exceed $451,000 for a total aggregate amount not to exceed $6,015,017, for the period of March 21, 2023 through June 30, 2027, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­035). 20.Second Amendment to Professional Services Agreement with Holland & Knight LLP for Federal Legislative Advocacy Services Department(s): City Manager Office Recommended Action: Approve a second amendment to an agreement with Holland & Knight LLP for federal legislative advocacy services for a three­month term from April 1, 2023 through June 30, 2023, in an amount not to exceed $29,400, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­036). CITY COUNCIL 14 03/21/2023 21.Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act Agreements with the below­referenced property owners for the identified structure(s), subject to non­substantive changes approved by the City Manager and City Attorney. (includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemptions will be filed for this project: ER Nos. 2022­102, 2022­103, 2022­104, 2022­105, 2022­106, 2022­125, and 2022­ 126) Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC 1.Jim Perez, 2022­12, 2218 N. Ross Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023­037) 2.Carolyn Almquist, 2022­18, 2003 N. Victoria Drive, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023­038) 3.Liennette Chung representing Wild Orchid Investments LLC, 2022­19, 313 N. Birch Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023­039) 4.Andrew Chu, 2022­21, 501 E. Washington Avenue, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023­040) 5.Scott and Lisa Michaelis, 2022­22, 2123 N. Freeman, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023­041) 6.Eric Neigher and Jennifer Nguyen, 2022­23, 1915 N. Flower Street, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023­042) 7.Matthew L. and Robert D. Hale, 2022­24, 947 W. Buffalo Ave, 8:0:0:1 (Mark McLoughlin Absent) (Agreement No. 2023­043) 22.Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full­Term Expiring December 10, 2024 (Revised 3/15/2023) Department(s): City Clerk’s Office Recommended Action: Appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative and administer Oath of Office. MINUTES: Councilmember Bacerra spoke regarding the purpose of the Police Oversight Commission and spoke in opposition to the item. Councilmember Penaloza spoke regarding Fernando Delgado’s comments on social media related to the Police Department and spoke in opposition to the item. CITY COUNCIL 15 03/21/2023 Councilmember Hernandez spoke regarding Fernando Delgado’s character. Mayor Pro Tem Lopez spoke regarding appointment of members on boards, commissions, and committees and in support of the item. Councilmember Vazquez spoke regarding Fernando Delgado’s character. Councilmember Phan questioned whether bias is an issue and spoke regarding the purpose of the Police Oversight Commission and appointment of members on boards, commissions, and committees. Chief Assistant City Attorney Laura Rossini spoke regarding freedom of speech and bias. Mayor Amezcua spoke regarding appointment of members on boards, commissions, and committees and in opposition to the item. MOTION: Councilmember Phan moved to continue the item to next City Council meeting and invite Mr. Delgado to address concerns raised, seconded by Mayor Amezcua. SUBSTITUTE MOTION: Councilmember Bacerra moved to not appoint Fernando Delgado as the Ward 5 Representative to the Police Oversight Commission. Substitute motion died due to lack of a second. SUBSTITUTE MOTION: Councilmember Hernandez moved to appoint Fernando Delgado as the Ward 5 Representative to the Police Oversight Commission. MINUTES: Discussion ensued regarding nominee Fernando Delgado, endorsement by Police, and bias related to appointments of boards, commissions, and committees. Substitute motion died due to lack of a second. The original motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER BACERRA NONE NONE Status: 6 - 1 – Pass; Item Continued. **END OF CONSENT CALENDAR** CITY COUNCIL 16 03/21/2023 MINUTES: At 10:57 P.M., the Business Calendar was considered. 23.Councilmember­Requested Item Policy Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. MINUTES: City Manager Kristine Ridge spoke regarding the draft policy related to councilmember-requested items. Mayor Amezcua requested the word “confer” be changed to “inform.” Councilmember Penaloza voiced his support for the item. Mayor Pro Tem Lopez spoke regarding the purpose of the policy and in support of the item. Direction provided to bring the item back for adoption, with minor edits to the policy. 24.Fiscal Year 2022­23 Mid­Year Budget Update, Revive Spending Plan Update, Appropriation Requests, and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1.Receive and file the FY 2022­23 Mid­Year Budget Update, including an update for the Revive Santa Ana Spending Plan. 2.Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3.Adopt Resolution No. 2023­013 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015­026 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN. 4.Adopt Resolution No. 2023­014 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022­ 2023 ANNUAL BUDGET TO ADD AND DELETE FULL­TIME POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING DEPARTMENT, AND PUBLIC WORKS DEPARTMENT. MINUTES: City Manager Kristine Ridge gave a brief report regarding the budget update. BUSINESS CALENDAR CITY COUNCIL 17 03/21/2023 Mayor Amezcua asked for clarification regarding the payout for retirements. City Manager Ridge spoke regarding retirement cash outs. Discussion ensued regarding the allocation of monies, Police staffing, additional community events, and Waste Hauler donations. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, and seconded by Councilmember Bacerra. The motion carried for Recommended Action Nos. 1, 3, and 4, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE Status: 4 - 3 – Pass The motion failed for Recommended Action No. 2 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE Status: 4 - 3 – Fail; Required five affirmative votes MOTION: Councilmember Bacerra moved to approve Recommendation Action No. 2 excluding Waste Hauler Donations, seconded by Councilmember Penaloza. The motion failed, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE Status: 4 - 3 – Fail; Required five affirmative votes MINUTES: Finance Director Kathryn Downs spoke regarding the result of no approved appropriation adjustments. City Manager Ridge stated the budget would be discussed in the next coming meetings. CITY COUNCIL 18 03/21/2023 Discussion ensued regarding bringing back the appropriation adjustments at the next City Council meeting. **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced upcoming revisions to the City’s Permit Parking Program and the Springfest and Open House on Saturday, March 25, 2023 at 10:00 A.M. at El Salvador Park. 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 Vazquez stated he is not anti-police and spoke regarding the meaning of ‘Santanero.’ Councilmember Hernandez thanked the community for their participation. Councilmember Bacerra announced his office hours on Saturday, April 1, 2023 at 10:00 A.M. at George Upton All Access Park and spoke regarding the Police Department. Councilmember Phan spoke regarding PAAL, announced a Community and Resource Fair event on Saturday, March 25, 2023 from 9:00 A.M. -1:00 P.M. at Centennial Park, and congratulated Nguyen’s Kitchen on its opening. Mayor Pro Tem Lopez announced a park clean-up on March 29, 2023 from 2:30 P.M. to 4:00 P.M. at Santiago Park and invited all to participate. Mayor Amezcua requested information as to why Fiestas Patrias was relocated from the Downtown area and allocation of funding, asked for clarification regarding the Sanitation increase, and spoke regarding credit card payments in the Downtown area, budget meetings, and addressing areas of concerns throughout the City. She thanked all City staff for their hard work and efforts. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:46 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk