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HomeMy WebLinkAbout2023-02-07 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California CALL TO ORDER ATTENDANCE 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 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 Acting City Clerk Norma Orozco CITY COUNCIL 1 February 07, 2023 ROLL CALL MINUTES: Mayor Amezcua called the meeting to order of 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: MayorAmezcua 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) Full -Time 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. 20-55820 (United States Court of Appeals for the Ninth Circuit) and Raw Recovery, LLC v. City of Costa Mesa, Case No. 20-55870 (United States Court of Appeals for the Ninth Circuit) CITY COUNCIL 2 February 07, 2023 CLOSED SESSION REPORT —The City Attorney will report on any action(s) to betaken 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 WORDS OF INSPIRATION CEREMONIAL PRESENTATIONS Councilmember Bacerra Pastor Anh Tuan Nguyen 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 Sub -Committee 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 3 February 07, 2023 PUBLIC COMMENT --- Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: 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. NeNie 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 4 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 5 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 6 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. CONSENT CALENDAR 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. CITY COUNCIL 7 February 07, 2023 YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:O 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. NS-3037 — 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 7-0. 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. NS-3038 — ZONING ORDINANCE AMENDMENT NO. 2022-03 -- 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, CONDITIONALLY -PERMITTED USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLITAND TWO -UNIT 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 7-0. 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 8 February 07, 2023 "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-73 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 Tern 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 Full -Term 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 21112023) 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 Hernandez -Castillo - Personnel Board 5. Manuel Escamilla - Planning Commission 6. Ilyn Jaimes - Youth Commission CITY COUNCIL 9 February 07, 2023 9. Appoint Jennifer Oliva Nominated by Councilmember Penaloza as the Ward 6 Representative to the Planning Commission for a Full -Term Expiring December 8, 2026 (Revised 21112023) 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 10 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 Four-year Period Ending December 31, 2026 (Specification No. 17-121) (General and Non -General 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 four-year period ending December 31, 2026, with provision for five subsequent one-year renewal periods exercisable by the City Manager in an annual amount not to exceed $252,000, subject to non -substantive 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 Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 1 — Councilmember Phan F-11*140A."11 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. 23-2604) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time 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 non -substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL 11 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. 22-134) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time 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 non -substantive 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. 22-135) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time 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 non -substantive 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 (Non -General Fund) Department(s): Police Department Recommended Action: 1. Approve an appropriation adjustment recognizing $674,887 in CITY COUNCIL 12 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 Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:O Status: 7-0 —0-0 — Pass 18. Approve Appropriation Adjustment to Recognize Remainder Disbursement of Homeless Housing, Assistance and Prevention Program Funds — Round 3 (Non -General 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.12218002-52025) and appropriate the same amount to expenditure account (no. 12218717-various) 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 Tern Lopez, — Mayor Amezcua NO: 0 CITY COUNCIL 13 February 07, 2023 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 19. Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation (Non -General 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 (Non -General 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 three-year term beginning on February 7, 2023 through January 31, 2026, in an amount not to exceed $305,895, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-A-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 lnclusionary 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 14 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 21-22 Agreement with Habitat for Humanity to Administer the Residential Rehabilitation Grant Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve a First Amendment to the FY 21-22 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 non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-012). 22. Approve Agreements with Delhi Center and Seva Collective for Food Distribution Programs for a One -Year 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 one-year term beginning March 1, 2023 and expiring February 29, 2024, in a total shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2023-019 and 2023-046). 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 15 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 staffs recommendation and award $83, 333.00 to United Across Borders, seconded by Mayor Pro Tem Lopez. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve staffs 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 Tern 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 Non -General 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 16 February 07, 2023 and, plus PBA's Clariti Land Management System, and CDA-Housing'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 non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-013-01). 2. Authorize the City Manager to execute a corresponding Support and Maintenance Agreement with System Innovators, a division of N. Harris Computer Corporation, for on -going 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 non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-013-02). 24. Approve Agreement for City Clerk Appointment Department(s): Human Resources Recommended Action: Authorize the Mayorto 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. 2023-014). 25. Approve Amendment to Agreement with Axon Enterprise, Inc. in the amount of $376,379 for Interview Room Camera System (Non -General 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 non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-015). 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 On -Call Engineering, Technical, and Administrative Support Services (General and Non -General 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 17 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 non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-016). 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 Five -Year 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 three-year period beginning February 7, 2023 to February 6, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-017), 28. Approve Agreement with FieldTurf USA, Inc. for Artificial Turf Sports Field Maintenance Services in an Amount Not to Exceed $520,800 for a Five -Year 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 three-year period beginning February 7, 2023 to February 6, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-018). 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 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2023-006 —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. 2023-047). 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. 2023-007 — Adopt a resolution to consider CITY COUNCIL 18 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). BUSINESS CALENDAR 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 Tern 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 Councilmember Penaloza, Mayor Pro Tern Subcommittee Lopez, Mayor Amezcua Joint School Collaboration City Council Councilmember Hernandez, Standing Subcommittee Councilmember Vazquez, Mayor Pro Tern Lopez YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0 — 0 — 0 — Pass CITY COUNCIL 19 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 A131234 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 1-3, 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 20 February 07, 2023 ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the meeting at 11:50 P.M. Respectfully Submitted, r CITY COUNCIL 21 February 07, 2023