HomeMy WebLinkAbout2023-03-21 Special and RegularMinutes 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 Tern Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalha
City Clerk Jennifer L. Hall
CITY COUNCIL 1 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) Full -Time 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 2 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 Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tern Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk 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
WORDS OF INSPIRATION
CEREMONIAL PRESENTATIONS
Fire Chief James Henerey
Police Chaplain Rupert Vega
1. Certificate of Recognition presented by Mayor Pro Tern 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 3 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 non -agenda 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.
B. 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 4 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 3115/2023)
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 311512023)
Travel Santa Ana President and CEO Wendy Haase gave a presentation regarding the Annual
Update.
CITY COUNCIL 5 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.
CONSENTCALENDAR
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: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 - Pass
5. Excused Absences
Department(s): City Clerk's Office
Recommended Action: Excuse the absent members.
CITY COUNCIL 6 03/21/2023
6. Appoint Michelle Cisneros nominated by Councilmember Phan as the Ward 1
Representative to the Personnel Board for a partial -term 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 7 03/21/2023
The motion carried, 7-0, by the following roll call vote. -
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
9. Annual Development Impact Fee Report for Fiscal Year 2021-2022
Department(s): Public Works Agency
Recommended Action: Receive and file the Annual Development Impact Fee Report
for Fiscal Year2021-2022.
10. Award Aggregate Blanket Order Contracts to Promotethisl, Graphic Printsource,
Inc., Superior Promos, and QCORP Printing Solutions for Promotional Items in a
Not -to- Exceed Aggregate Amount of $975,000 (Specification No. 23-024) (General
Fund and Non -General 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 as -needed basis in an annual amount
not to exceed $195,000, with a total aggregate contract amount not to exceed $975,000,
for an initial one-year term expiring on March 31, 2024, with provisions for four, one-year
renewal options, subject to non -substantive changes approved by the City Manager and
City Attorney.
Graphic Printsource, Inc., Corona, CA
Promotethisl, 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. 23-031) (Non -General fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time 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
non -substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL 8 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. 23-035) (Project 22-2766) (Non -General
Fund)
Department(s): Public Works Agency
Recommended Action:
1. Authorize a one-time 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
non -substantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to
include $1,502,229 in funding for the Dan Young Synthetic Turf Fields Project (Project
No. 22-2752).
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. 15-6827 and 23-6701)
(Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a two-year time
extension of Measure M2 Comprehensive Transportation Funding Program funding for
Fairview Avenue Improvements from 9th Street to 16th Street project (21-
SNTA-ACE-3996) and for Fairview Street Improvements from Monte Carlo Drive to Trask
Avenue (22-SNTA-ACE-4020).
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. 22-6468 and 22-6620) (Non -General 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 (Non -General Fund)
Department(s): Public Works Agency
CITY COUNCIL 9 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 2022-23 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 (22-6622).
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. ER-2022-95 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 five-year terms (Non -General 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 On -Call Environmental Services on as needed
basis: federal contract in an aggregate amount not to exceed $950,000 for a
three-year term beginning March 21, 2023 and expiring March 20, 2026, with an
option for two, one-year extensions, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No, 2023-033).
CITY COUNCIL 10 03/21/2023
2. Authorize the City Manager to execute agreements with Tetra Tech, Inc., Dudek, and
ECORP Consulting Inc, to provide On -Call Environmental Services on as needed
basis: non-federal 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, one-year extensions, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2023-034).
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: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,
MAYOR AMEZCUA
NOES: NONE
ABSTAIN: COUNCILMEMBER PHAN (recusal)
ABSENT: 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. 22-6023) (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 five-year term beginning March 21, 2023 and expiring March 20, 2028,
with an option for two, one-year extensions, subject to non -substantive changes approved
by the City Manager and City Attorney (Agreement No. 2023-044).
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 11 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: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ, MAYOR
AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQ U EZ
ABSTAIN: NONE
ABSENT: 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
non -substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-045).
CITY COUNCIL 12 03/21/2023
MINUTES: Councilmember Sacerra 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: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: 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 (Non -General 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 non -substantive changes approved by the City Manager and
City Attorney (Agreement No. 2023-035).
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 three-month term from April 1,
2023 through June 30, 2023, in an amount not to exceed $29,400, subject to
non -substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-036).
CITY COUNCIL 13 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 below -referenced property owners for the
identified structure(s), subject to non -substantive 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. 2022-102,
2022-103, 2022-104, 2022-105, 2022-106, 2022-125, and 2022-
126)
Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote
by H RC
1. Jim Perez, 2022-12, 2218 N. Ross Street, 7:0:0:2 (Carpenter and Pena Sarmiento
Absent) (Agreement No. 2023-037)
2. Carolyn Almquist, 2022-18, 2003 N. Victoria Drive, 7:0:0:2 (Carpenter and Pena
Sarmiento Absent) (Agreement No. 2023-038)
3. Liennette Chung representing Wild Orchid Investments LLC, 2022-19, 313 N. Birch
Street, 7:0:0:2 (Carpenter and Pena Sarmiento Absent) (Agreement No. 2023-039)
4. Andrew Chu, 2022-21, 501 E. Washington Avenue, 7:0:0:2 (Carpenter and Pena
Sarmiento Absent) (Agreement No. 2023-040)
5. Scott and Lisa Michaelis, 2022-22, 2123 N. Freeman, 7:0:0:2 (Carpenter and Pena
Sarmiento Absent) (Agreement No. 2023-041)
6. Eric Neigher and Jennifer Nguyen, 2022-23, 1915 N. Flower Street, 8:0:0:1 (Mark
McLoughlin Absent) (Agreement No. 2023-042)
7. Matthew L. and Robert D. Hale, 2022-24, 947 W. Buffalo Ave, 8:0:0:1 (Mark
McLoughlin Absent) (Agreement No. 2023-043)
22. Appoint Fernando Delgado Nominated by Councilmember Hernandez as the Ward
5 Representative to the Police Oversight Commission for a Full -Term 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 14 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: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: COUNCILMEMBER BACERRA
ABSTAIN: NONE
ABSENT: NONE
Status: 6 - 1 — Pass; Item Continued.
**END OF CONSENT CALENDAR**
CITY COUNCIL 15 03/21/2023
BUSINESS CALENDAR
MINUTES: At 10:57 P.M., the Business Calendar was considered.
23. Councilmember-Requested 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 2022-23 Mid -Year 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 2022-23 Mid -Year 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. 2023-013 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO
EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN.
4. Adopt Resolution No. 2023-014 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 FULL-TIME 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.
CITY COUNCIL 16 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: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
ABSTAIN: VAZQUEZ, MAYOR PRO TEM LOPEZ
ABSENT: NONE
Status: 4 - 3 — Pass
The motion failed for Recommended Action No. 2 by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
ABSTAIN: VAZQUEZ, MAYOR PRO TEM LOPEZ
ABSENT: 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: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
ABSTAIN: VAZQUEZ, MAYOR PRO TEM LOPEZ
ABSENT: 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 17 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 II, MC
erk
CITY COUNCIL 18 03/21/2023