HomeMy WebLinkAboutItem 05 - Draft Minutes Meetings of April 4, 2023 and April 18, 2023CITY COUNCIL 1 April 04, 2023
DRAFT Minutes of the
Special Closed Session and Regular
Meeting of the City Council
City of Santa Ana, California
April 04, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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:
ROLL CALL
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:40
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
CITY COUNCIL 2 April 04, 2023
City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and
Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers
Bacerra and Hernandez joined the meeting during Closed Session.
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None
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 4:41
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
2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A.In re National Prescription Opiate Litigation, United States District Court
(Northern District of Ohio), Case No. 1:17md02804
RECONVENE – City Council will reconvene to continue regular City business.
MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7:18
P.M.
CITY COUNCIL 3 April 04, 2023
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 from Closed Session.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7:18
P.M.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:18
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, Penaloza, Phan, and Vazquez, Mayor Pro
Tem Lopez, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE Mike Garcia, Community Development Director
WORDS OF INSPIRATION Pastor S. Anthony Simon
CITY COUNCIL 4 April 04, 2023
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: Mayor Amezcua announced that the Housing Authority Meeting and Public
Hearing were canceled and would be heard at a later date.
City Clerk Jennifer L. Hall announced that Item No. 13 was removed from the Consent
Calendar at the request of staff and would return for Council’s consideration on May 2,
2023.
CEREMONIAL PRESENTATIONS
1.Proclamation presented by Mayor Amezcua to OneLegacy declaring April as
DMV/Donate Life Month.
2.Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years
of Outstanding Contributions to the Community.
3.Proclamation presented by Councilmember Hernandez and Councilmember
Vazquez to Latino Health Access declaring April as National Child Abuse
Prevention Month.
4.Certificates of Recognition presented by Councilmember Bacerra to Orange County
Fire Authority and Santa Ana Police Department Dispatchers in Honor of National
Public Safety Telecommunicators Week.
STAFF PRESENTATIONS
5.Presentation from the Arts and Culture Commission
MINUTES: Community Development Director Mike Garcia introduced Robin McNair,
Arts and Culture Commission Chairperson, who provided a brief presentation on the
history and work of the Arts and Culture Commission.
Councilmember Hernandez thanked the Arts and Culture Commission and his
colleagues for their help in establishing the Graffiti Arts and Mural Restoration Projects.
Councilmember Bacerra thanked the Arts and Culture Commissioners for their hard
work and dedication.
Councilmember Penaloza thanked Ms. McNair for her presentation, inquired about the
required surveys, and offered his assistance.
Mayor Pro Tem Lopez extended an invitation to the Commission to present
recommendations in preparation for the new budget cycle.
Councilmember Vazquez thanked the Arts and Culture Commissioners for their hard
work and seconded Mayor Pro Tem Lopez’s invitation.
CITY COUNCIL 5 April 04, 2023
Councilmember Phan inquired about the Little Saigon and Historic Chinatown placards.
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: At 8:12 P.M., Public Comments were heard.
The following speaker addressed Council via teleconference:
1. Victor Mendez spoke regarding the homelessness and drug issues plaguing
his neighborhood and made a comment on the proposed appointment of
Fernando Delgado to the Police Oversight Commission.
City Clerk Jennifer L. Hall reported the summary of email comments received: one (1)
comment in support of Agenda Item No. 28 and three (3) non-agenda comments.
The following speakers addressed Council in-person:
2. Stephen Hart spoke regarding the Riverview Golf Course and the positive
impact he believes it has on the community.
3. Richard Garcia provided comments on the Riverview Golf Course.
4. Peyton Garcia spoke regarding the Riverview Golf Course and how attending
the course has positively impacted his life.
5. Stan Fear spoke regarding the community surrounding the Riverview Golf
Course.
6. Sue Pallack spoke regarding the Police Athletic Activities League (PAAL).
7. Charlie Andres spoke in opposition to the conversion of the Riverview Golf
Course into a city park.
8. Gabriel Montoya spoke regarding the worker shortage in the healthcare
industry, how it will affect the residents of Santa Ana, and the need for a higher
minimum wage.
9. Ruby Vallejo spoke of her experience working in the healthcare industry and
expressed the need for higher pay in the industry.
10. Alicia Bernal (translation: Spanish) spoke in support of increasing the
healthcare worker minimum wage to $25.
CITY COUNCIL 6 April 04, 2023
11. Nellie LeGaspe spoke in support of appointing Fernando Delgado to the
Police Oversight Commission.
12. Carl Benninger provided various comments and spoke in opposition to
appointing Fernando Delgado to the Police Oversight Commission.
13. Sam Lazalde spoke in support of the appointment of Fernando Delgado to
the Police Oversight Commission.
14. Alex Montepeque (translation: Spanish) spoke of the need for a higher
minimum wage for healthcare workers.
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 26.
MINUTES: At 8:50 P.M., the Consent Calendar was considered.
Councilmember Phan recused herself from Agenda Item No. 18, as the listed party is a
client of her employer Rutan & Tucker.
Councilmember Hernandez pulled Item Nos. 12, 14, and 21 for separate discussion
and consideration.
MOTION: Councilmember Bacerra moved to approve staff recommendations on
the following Consent Calendar Items: 5 through 26 with the exception of
Agenda Item Nos. 12, 13, 14, and 21, 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
6.Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
CONSENT CALENDAR
CITY COUNCIL 7 April 04, 2023
7.Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4
Representative to the Youth Commission for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nicholas Ortiz to the Youth Commission as the Ward
4 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326 (a)
requires five affirmative votes)
MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Nicholas
Ortiz.
8.Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for
LED Sports Lighting with Related Supplies and Services (General 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, control and monitoring system,
and installation services for the George Upton All Access Playground and basketball
courts at Thornton Park in the amount of $177,918, with a contingency of $17,792, for a
total amount not to exceed $195,710, subject to nonsubstantive changes approved by
the City Manager and the City Attorney.
9.Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed
$274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center
(General Fund)
Department(s): Police Department
Recommended Action: 1. Award a onetime purchase and payment to Acco
Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system
at the Santa Ana Police Athletic and Activity League Center, in the amount of
$249,888, plus a 10percent contingency of $24,989, for a total amount not to exceed
$274,877, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
2.Approve an amendment to the Fiscal Year 20222023 Capital Improvement Program
to include the Santa Ana Police Athletic and Activity League Center HVAC System
Replacement project.
10.Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800
MHz Communications System Equipment (Specification No. 23048) (General and
NonGeneral Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for
CITY COUNCIL 8 April 04, 2023
Motorola 800 MHz communications system equipment for a 14month period expiring
June 30, 2024 in an amount not to exceed $471,570, subject to non substantive
changes approved by the City Manager and City Attorney.
11.Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for
the Salgado Community Center Improvements Project FY 202223 Project with an
Estimated Project Delivery Cost of $1,550,625 (Project No. 221377) (General Fund)
(Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to AME Builders Inc., the
lowest responsible bidder, in accordance with the base bid in the amount of
$1,240,500, for construction of the Salgado Community Center Improvements FY
202223, for the term beginning September 1, 2023 and ending December 31, 2023,
and authorize the City Manager to execute the contract subject to nonsubstantive
changes approved by the City Manager and the City Attorney.
2.Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
to include $1,387,759 in Revive funding for the Salgado Community Center
Renovations Project. (Project No. 221377)
3.Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,550,625, which includes $1,240,500 for the construction contract, $186,075 for
contract administration, inspection and testing, and a $124,050 project contingency
for unanticipated or unforeseen work.
4.Determine these actions are exempt from further review in accordance with the
California Environmental Quality Act as Categorical Exemption Environmental Review
No. ER202234 was filed for the project.
12.Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000
for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park
Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 221348,
221349, 221350, & 221412) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a construction
contract with MMC, Inc. to provide DesignBuild services for demolition of existing
restroom buildings, installation of new, prefabricated buildings, and associated site
and utility work in the amount of $2,870,000, with a contingency of $287,000, for a
threeyear period from April 5, 2023 to April 4, 2026, with an option for two, oneyear
extensions, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
2.Approve an amendment to the Fiscal Year 202223 Capital Improvement Program
for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms
Project to be funded from American Rescue Plan Act (ARPA) funds.
CITY COUNCIL 9 April 04, 2023
3.Determine the recommended actions are exempt from further review in accordance
with the California Environmental Quality Act as Categorical Exemption Environmental
Review No. ER202328 was filed for this project.
MINUTES: Councilmember Hernandez spoke in support of the item and announced
that the new restroom would be built at Angels Park located in Ward 5.
Councilmember Penaloza requested the restroom be located closer to the street.
Mayor Pro Tem Lopez thanked staff for all of their hard work and stated that she
hoped the restrooms are built in a timely manner so staff may begin work on the next
set of park restrooms.
Councilmember Phan spoke in support of the item and noted that the current park
improvements are the most the most extensive upgrades in years.
MOTION: Councilmember Penaloza moved to approve staff recommendations on
Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez.
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
13.Grant an Easement to Southern California Edison to Allow Underground Power to
Serve Traffic Signal (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Easement Deed
granting Southern California Edison the right to own, place, and maintain power
conduits and conductors underground to serve APN 01603514.
MINUTES: Item No. 13 removed from the Consent Calendar by staff; no action taken.
14.Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of
$750,000 for the Full Property Acquisition for the Real Property Located at 843 N.
Garnsey Street (APN 00514202) for the 10th and Flower Park Project (Revive Santa
Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a purchase
CITY COUNCIL 10 April 04, 2023
agreement with property owner Garnsey Corp, for the full property acquisition for the
real property located at 843 N. Garnsey Street, also identified as APN 00514202,
(Property) in the amount of $750,000, subject to nonsubstantive changes approved by
the City Manager and City Attorney (Agreement No. 2023058).
MINUTES: Councilmember Hernandez announced that the approval of the property
acquisition would result in a new park in the Willard community and expressed
support for the item.
MOTION: Councilmember Penaloza moved to approve staff recommendations on
Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez.
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
15.Approve an Agreement with Merritt Studio in a total agreement amount not to exceed
$145,000 to provide Graphic Design Services for the Cultura Publication and
Additional Design Services as Needed (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Merritt Studio, LLC to provide graphic design services for the Cultura publication and
additional design services as needed, for a threeyear term beginning on April 4,
2023 through April 3, 2026 with options for two oneyear extensions, and a total
agreement amount not to exceed $145,000, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No. 2023049).
16.Amend Agreement with Landscape West Management Services, Inc. to Increase the
Contract Amount by $2,300,000 for RightofWay and Median Landscape Maintenance
Services (Project No. 221309) (General Fund and NonGeneral Fund) (Revive Santa
Ana Program)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the seventh
amendment to the agreement for the second renewal option with Landscape West
Management Services, Inc. for RightofWay and Median Landscape Maintenance
Services to increase the contract amount by $2,300,000 for a total agreement amount
CITY COUNCIL 11 April 04, 2023
not to exceed $8,222,000 for the remaining term of the agreement ending on June 30,
2025, subject to nonsubstantive changes approved by the City Manager and City
Attorney (Agreement No. 2023050).
17.Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates,
Inc. for Construction Engineering Services for the SR55/Ritchey Street Water
Improvements Projects by an additional $900,000 for the remainder of the Agreement
Term (Project Nos. 196438, 196439, 196440) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to
the agreement with Berg & Associates, Inc. for Construction Engineering Services for
the SR55/Ritchey Street Water Improvements Projects to increase the compensation
amount by $900,000, which includes a $780,000 increase to the base amount and a
$120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of
the term of the agreement, subject to nonsubstantive changes approved by the City
Manager and City Attorney (Agreement No. 2023051).
2.Approve an appropriation adjustment to recognize an additional $900,000 in the
Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement
OCTA revenue account and appropriate the same amount into the Acquisition &
Construction, Water Utility Capital Projects, Water Capital Project expenditure account.
(Requires five affirmative votes)
18.Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and
Engineering Services by an additional $50,000 for the remainder of the Agreement
Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a First Amendment to
the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system
modeling and engineering services to increase the amount by $50,000, for a
total nottoexceed amount of $200,000 for the remainder of the term of the agreement,
subject to nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2023052).
MOTION: Councilmember Bacerra moved to approve the recommended action
for Item No. 18 as part of the Consent Calendar, seconded by Councilmember
Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
CITY COUNCIL 12 April 04, 2023
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
19.Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC
Environmental for OnCall Engineering Design Services for PFAS Treatment Systems
in an Aggregate Amount Not to Exceed $3,000,000 for up to a FiveYear Term (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Tetra
Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide oncall
engineering design services for PFAS treatment systems, for a shared aggregate
amount not to exceed $3,000,000, for a threeyear term beginning April 4, 2023 and
expiring April 3, 2026, with provisions for two, oneyear extensions, subject to
nonsubstantive changes approved by the City Manager and City Attorney (Core
Agreement No. 2023053).
20.Approve a Lease Agreement with Senate Rules Committee, California Legislature for
Office Space at the Santa Ana Regional Transportation Center for a Fouryear Term for
a Total Amount of $300,082
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a site lease
agreement with Senate Rules Committee, California Legislature to compensate the
City $6,400 per month, with any partial month prorated at $206 per day, for the lease of
3,200 square feet of office space located at the Santa Ana Regional Transportation
Center for a fouryear term beginning on April 4, 2023 and ending February 28, 2027,
for a total of $300,082 in lease revenue for the entire term of the agreement, subject to
nonsubstantive changes approved by the City Manager and City Attorney (Agreement
No. 2023054).
21.Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant
Project and Fiscal Coordinator Services (NonGeneral Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a threeyear
professional services agreement with SenseMakers LLC for an onsite project and
fiscal grant management coordinator services, for the period beginning June 1, 2023
through May 31, 2026, with a fourth and fifthyear option in an amount not to exceed
CITY COUNCIL 13 April 04, 2023
$896,370, subject to nonsubstantive changes approved by the City Manager and City
Attorney (Agreement No. 2023059).
MINUTES: Councilmember Hernandez requested Police Chief David Valentin provide
a brief overview of the item and what the UASI grant entails. He also expressed
concern about having the City of Santa Ana partner with the Anaheim Police
Department.
Police Chief David Valentin provided a brief history of the UASI Grant and the services
the grant provides.
Chief Assistant City Attorney Laura Rossini reminded the Council that Item No. 21 is
solely for the proposed agreement with SenseMakers LLC.
MOTION: Councilmember Penaloza moved to approve the staff recommendation
on Item No 21, seconded by Councilmember Bacerra.
The motion carried, 6-1, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
COUNCILMEMBER HERNANDEZ
NONE
NONE
Status: 6 – 1 – Pass
22.Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a
ThreeYear Term and Two OneYear Renewal Periods
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with
PetData, Inc. for animal licensing services for a threeyear period, from April 4, 2023
through April 3, 2026, with two oneyear extension periods, subject to nonsubstantive
changes approved by the City Manager and City Attorney; there is a onetime startup
fee of $1,000 and an ongoing fee of $4.30 for each oneyear license processed
(Agreement No. 2023055).
23.Adopt a Resolution Approving the Construction Installment Sale Agreement with the
California State Water Resources Control Board for Financing of the Septic to Sewer
Island Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023015
CITY COUNCIL 14 April 04, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION
WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND
AUTHORIZING CERTAIN OTHER RELATED ACTIONS (in an amount up to
$1,529,220)
24.Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for
Santiago Park Trail and Habitat Restoration Plan (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL
CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT
RESTORATION PLAN (in the amount of $400,000)
25.Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real
Property at 206 and 208 South Flower Street
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW
WATER WELL SITE (206 AND 208 SOUTH FLOWER STREET)
26.Fiscal Year 202223 MidYear Appropriation Requests
Department(s): Finance and Management Services
Recommended Action: Approve the recommended Appropriation Adjustments.
(Requires five affirmative votes)
**END OF CONSENT CALENDAR**
MINUTES: At 9:07 P.M., the Business Calendar was considered.
27.Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood
Protection Agency (SARFPA), the Southern California Association of Governments
(SCAG), and the Orange County Council of Governments (OCCOG)
Department(s): City Clerk’s Office
BUSINESS CALENDAR
CITY COUNCIL 15 April 04, 2023
Recommended Action:
1. Nominate and appoint a representative and alternate to the Santa Ana River
Flood Protection Agency (SARFPA).
2. Nominate and appoint a representative to the Southern California Association of
Governments (SCAG) and the Orange County Council of Governments (OCCOG)
and nominate and appoint an alternate to OCCOG.
3. Nominate and appoint an alternate for purposes of the SCAG Regional
Conference and General Assembly Business Meeting only.
4. Direct the City Clerk to update and post the Fair Political Practices Commission
(FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s
website.
MOTION:
1. Councilmember Vazquez moved to nominate himself as the representative
for (SARFPA) and Director of Public Works Nabil Saba as the alternate,
seconded by Councilmember Penaloza.
2. Councilmember Bacerra moved to nominate Mayor Amezcua as the
representative and (Mayor Pro Tem as the alternate to (SCAG), seconded by
Councilmember Phan.
3. Direct the City Clerk to update and post the Fair Political Practices Commission
(FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s
website.
28.Hear From and Consider Appointing Fernando Delgado Nominated by
Councilmember Hernandez as the Ward 5 Representative to the Police Oversight
Commission for a FullTerm Expiring December 10, 2024
Department(s): City Clerk Office
Recommended Action:
1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight
Commission, Ward 5 Representative.
2. Consider appointing Fernando Delgado to the Police Oversight Commission as
MOTION: Above-stated motions for appointments, including direction to staff.
The motions 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 16 April 04, 2023
the Ward 5 representative, and if appointed, administer the Oath of Office. (Requires
five affirmative votes.)
MINUTES: Fernando Delgado thanked the Council for considering the item and
allowing him to speak. He spoke of his willingness and desire to serve on the
Police Oversight Commission and how he believes the commission would benefit
from his experience and diversity.
Councilmember Vazquez inquired about the nominee’s qualifications.
Mayor Pro Tem Lopez spoke of her initial proposed requirements for members of
the commission.
Councilmember Phan inquired with the nominee about his ability to remain
impartial and his social media presence.
Mr. Delgado stated that his social media is not indicative of his true character and
he is continually learning and attempting to better himself.
Councilmember Bacerra spoke of his opposition to the item and asked the
nominee about two social media posts, which Councilmember Bacerra previously
shared with the public and staff, to which Mr. Delgado responded.
Councilmember Hernandez inquired with the nominee about his ability to remain
impartial and his background in civil rights.
Mr. Delgado spoke of his experience during the 2020 civil unrest and the
perspective he gained.
Councilmember Phan spoke regarding political differences, Santa Ana being the
home to the first Vietnamese refugees of the Vietnam War, and her concern with
the nominee’s biases.
Councilmember Hernandez spoke of his concern with bias and the First
Amendment and moved to approve the nomination.
Councilmember Bacerra spoke of differences of opinion and the need to be
analytical of all nominees.
Mayor Amezcua thanked the nominee for his attendance and inquired if he had
ever participated in a police ride-along. She also inquired with Chief Assistant City
Attorney Laura Rossini if the nominee's appointment would result in any liability to
the City.
CITY COUNCIL 17 April 04, 2023
Chief Assistant City Attorney Rossini stated that the Police Oversight Commission
would not make final determinations, but rather make recommendations.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29.Discuss and Direct the City Manager to Direct Staff to Implement a Temporary
Promotion Freeze for Police Management Until at Least 90 Percent of the Current
Vacant Police Officer Positions are Filled – Mayor Amezcua
MINUTES: Mayor Amezcua provided a brief background and summary of the item.
Councilmember Penaloza clarified that the item is a discussion item and spoke only in
support of staff returning with data regarding vacancies and patrol-to-commander ratios,
prior to supporting the item.
Councilmember Vazquez provided comments on the current vacancies.
Mayor Pro Tem Lopez provided comments and spoke in opposition to the item.
Councilmember Hernandez provided comments.
City Manager Kristine Ridge recommended refraining from implementing a promotion
freeze.
Councilmember Bacerra spoke of his hesitation to support the item but expressed his
willingness to try different approaches to ensure vacancies are filled.
MOTION: Councilmember Hernandez moved to appoint Fernando Delgado to
the Police Oversight Commission as the Ward 5 representative, seconded by
Councilmember Vazquez.
The motion failed, 3- 4, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA
NONE
NONE
Status: 3 – 4 – Fail
CITY COUNCIL 18 April 04, 2023
Councilmember Phan provided comments and spoke in opposition to the item.
Police Chief David Valentin provided comments and responded to Council inquiries.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that the Parks and Recreation
Department would be hosting the “Egg-Cellent Adventure” event on Saturday April 8,
2023 at Centennial 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.
1 March 31 – April 1, 2023 Mayor Pro Tem Lopez – WELL 11th Annual Statewide
Conference in Van Nuys, CA
MINUTES:
Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked
Senator Umberg for his work related to Senate Bill 44 and Senator Sandra Nguyen for
her work related to Senate Bill 62. He wished everyone a happy National Public Safety
Telecommunicators Week and a good night.
Councilmember Hernandez thanked everyone who provided comments during the
meeting and thanked Councilmember Bacerra for shedding light on the importance of
Senate Bill 44 and the dangers or fentanyl.
Councilmember Vazquez provided comments on crime reduction and wished everyone a
good night.
Councilmember Phan thanked everyone who participated in the meeting, spoke of her
recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event
geared at educating the public on the recent food stamp and benefit changes. She also
announced she is partnering with several nonprofits to host two free legal clinics in Ward
1 at the Newhope Library on April 4, 2023, and April 22, 2023.
Mayor Pro Tem Lopez reported her AB1234 disclosure: March 31 – April 1, 2023 WELL
11th Annual Statewide Conference in Van Nuys, CA. She wished Sammy a Happy 2nd
Birthday, spoke of her experience touring the Diemer Plant, thanked healthcare workers
for their work, and wished everyone a good night.
CITY COUNCIL 19 April 04, 2023
Councilmember Penaloza spoke regarding the OC Street Car construction, the “Mujeres
Migrantes en Progeso” reunification event, the Santa Ana Police Department Awards
ceremony, and wished everyone a Happy Easter.
Mayor Amezcua wished all those who observe the holiday a Happy Easter, spoke
regarding the OC Street Car construction business disruption, and requested an update
on the Joint School Collaboration Subcommittee. She announced that her next Coffee
with the Mayor event would be on April 15, 2023 at El Salvador Park.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
MINUTES: Mayor Amezcua adjourned the meeting at 11:12 P.M.
Respectfully Submitted,
Jennifer L. Hall, CMC
City Clerk
CITY COUNCIL 1 April 18, 2023
DRAFT Minutes of the
Special Closed Session and Regular
Meeting of the City Council
City of Santa Ana, California
April 18, 2023
SPECIAL CLOSED SESSION MEETING – 4:30 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
4:38 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 April 18, 2023
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor
Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting
during Closed Session.
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
MINUTES: No in person or virtual public comments were received regarding Closed
Session Agenda items. City Clerk Jennifer L. Hall announced that one (1) email was
received regarding Closed Session Item No. 03.
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 4:39
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 LEGAL COUNSEL EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code:
A.Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court,
Case No. 30201901118103CUWTCJC
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
3.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(California Government Code Section 54947(b)(1))
Title: City Manager
4.CONFERENCE WITH LABOR NEGOTIATOR
(California Government Code Section 54957.6)
Unrepresented Employee: City Manager
CITY COUNCIL 3 April 18, 2023
RECONVENE: - City Council will reconvene to continue regular City business.
MINUTES: Mayor Amezcua reconvened the City Council at 7:23 P.M. and recessed
the Special Closed Session Meeting to be reconvened following the Regular
Meeting.
At 11:51 P.M., Mayor Amezcua reconvened the Special Closed Session Meeting
and recessed to consider the Closed Session items.
Councilmember Hernandez left the meeting at 12:16 A.M. on April 19, 2023.
Mayor Amezcua reconvened the Special Closed Session Meeting.
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.
ADJOURNMENT – Adjourn the Special Closed Session meeting.
MINUTES: Mayor Amezcua adjourned the Special Closed Session Meeting at 1:17
A.M., on April 19, 2023.
CITY COUNCIL 4 April 18, 2023
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:23
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 L. Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members were present.
PLEDGE OF ALLEGIANCE Jeffrey Katz
WORDS OF INSPIRATION Juan Plascencia
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a revision of the recipient for the
Workers’ Memorial Day Proclamation to Southern California Coalition for Occupational
Safety & Health and the move of Item No. 21, the first reading of an ordinance
amending Santa Ana Municipal Code Section 8-6 pertaining to license requirements,
from the Consent Calendar to the Business Calendar.
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Mayor Amezcua to Selina Mendez
for Outstanding Contributions to the Community.
2.Proclamation presented by Mayor Pro Tem Lopez and Councilmember Vazquez to
Southern California Coalition for Occupational Safety & Health declaring April 28,
2023 as Workers’ Memorial Day. (Revised 4/12/23)
CITY COUNCIL 5 April 18, 2023
3.Certificates of Recognition presented by Councilmember Bacerra and
Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League
Ladybug Champions for their Exceptional Athletic Performance.
4.Certificates of Recognition presented by Councilmember Penaloza to the Santa
Ana Police Department’s 2023 Distinguished Service Medal Recipient,
Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic
Dominguez.
5.Proclamation presented by Councilmember Phan to Boat People SOS Center for
Community Advancement declaring April 30 as Black April.
MINUTES: At 7:32 P.M. Mayor Amezcua considered the agenda out of order and heard
Ceremonial Presentation Item No. 03 first, followed by Item No. 02, Item No. 04, Item
No. 05, and Item No. 01.
MINUTES: At 8:14 P.M. Mayor Amezcua considered the agenda out of order and
heard Public Comments prior to the Staff Presentations.
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:
City Clerk Jennifer L. Hall reported out the summary of email comments received:
seven (7) non-agenda comments, one (1) comment regarding Agenda Item No. 9, five
(5) regarding Item No. 22, and three (3) regarding Item No. 24. She also announced
that the Public Comment time limit would be two (2) minutes.
The following speakers addressed Council via teleconference:
1. Lucy Solorzano requested Council direct staff to schedule a community meeting
regarding the proposed Dog Park at Centennial Park.
2. David Ball spoke in support of Agenda Item No. 24.
3. Lisa spoke on behalf of VietRise and provided comments regarding Councilmember
Bacerra and photographs presented at a previous meeting.
The following speakers addressed Council in-person:
4. Johanna Lopez provided comments on an article published regarding the Santa
Ana Police Department.
5. Michael Myers spoke regarding office space vacancies and the housing crisis.
CITY COUNCIL 6 April 18, 2023
6. Martha Molina spoke regarding the Riverview Golf Course.
7. Irma Jauregui spoke in opposition to Agenda Item No. 24.
8. Boris Gresley spoke regarding Agenda Item No. 21.
9. Danny Vega spoke in support of Agenda Item No. 24 and the Santa Ana Police
Department.
10. John Hanna spoke regarding Agenda Item No. 24 and transparency.
11. Kristian Grimaldo spoke regarding housing insecurity his family is experiencing
and requested help.
12. Sarai Arpero (translation: Spanish) spoke regarding tenant rights and eviction
conditions.
13. Silvia Ramos (translation: Spanish) spoke regarding tenant rights and violations.
14. Marcela Prado (translation: Spanish) spoke regarding the disruption to businesses
in Downtown Santa Ana as a result of the OC Street Car construction.
15. Fernando Delgado provided comments on an article published regarding the
Santa Ana Police Department and the Major Enforcement Team (MET).
16. Marie Cofinco spoke regarding her nephew’s death and police brutality.
17. Kourosh Karimi spoke in opposition to Agenda Item No. 24.
18. Jose Armendariz spoke regarding the appointment of Fernando Delgado to the
Police Oversight Commission.
19. Gaurav Karan spoke regarding the appointment of Fernando Delgado to the Police
Oversight Commission.
20. Ferdinand Silero commented on the healthcare workers minimum wage.
21. Ana Leon (translation: Spanish) spoke regarding signs and displays in front of
downtown businesses.
22. Maria Perez (translation: Spanish) spoke regarding the closure of her business
located in Downtown Santa Ana.
23. Carolyn McHardy provided comments on the Riverview Golf Course.
24. Maribel Gomez (translation: Spanish) provided comments on the disruption to
businesses in Downtown Santa Ana as a result of the OC Street Car construction.
CITY COUNCIL 7 April 18, 2023
25. Sonia Hernandez (translation: Spanish) provided comments on increasing the
healthcare minimum wage to $25 an hour.
26. Valentin Martinez (translation: Spanish) provided comments on the disruption to
businesses in Downtown Santa Ana as a result of the OC Street Car construction.
27. Jose Garay (translation: Spanish) spoke regarding trees lining his street and the
issues they are causing to the sidewalks.
28. Juliet Castro (translation: Spanish) provided comments on the disruption to
businesses in Downtown Santa Ana as a result of the OC Street Car construction.
29. Martin Ocampo (translation: Spanish) requested additional trash cans and security
in Downtown Santa Ana.
STAFF PRESENTATIONS
6.Homelessness Update
MINUTES: Homeless Services Division Manager Ken Gominsky Jr. provided a brief
presentation on Homeless Services Data Dashboard, drugs and homelessness, and
CARE Court.
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 7 through 20.
MINUTES: At 9:39 P.M., Councilmember Hernandez pulled Agenda Item No. 09 and
Mayor Pro Tem Lopez pulled Agenda Item No. 20 for separate discussion and
consideration.
MOTION: Councilmember Bacerra moved to approve staff recommendations on the
following Consent Calendar Items: 7 through 20 with the exception of Agenda Item
Nos. 09 and 20, seconded by Mayor Pro Tem Lopez.
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
CONSENT CALENDAR
CITY COUNCIL 8 April 18, 2023
7.Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
8.Minutes from the Special Closed Session and Regular Meeting of September 20,
2022
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
9.Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4
Representative to the Police Oversight Commission for a FullTerm Expiring
December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Nadin Said to the Police Oversight Commission
as the Ward 4 representative and administer Oath of Office.
MINUTES: Councilmember Hernandez requested the item be brought back at
a later date in order to allow him additional time to meet with the nominee.
MOTION: Councilmember Hernandez moved to continue Item No. 09 to May
2, 2023, seconded by Councilmember Vazquez.
SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No.
09 as presented, seconded by Councilmember Penaloza.
MINUTES: Mayor Amezcua requested staff the research the implementation of
procedures for future nominees’ appointments.
Councilmember Bacerra commented on streamlining future nominees’
appointments and suggested the nominees’ names be circulated amongst the
Council prior to adding them to the agenda.
SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No. 09 as
presented, seconded by Councilmember Penaloza.
The motion failed, 3-4, by the following roll call vote:
CITY COUNCIL 9 April 18, 2023
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR AMEZCUA
COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 3 – 4 - Fail
MOTION: Councilmember Hernandez moved to continue Item No. 09 to May 2,
2023, 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
10.Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to
Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the
Ross Annex (Specification No. 23047) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase order and payment to
Siemens Industry, Inc. for the automation of HVAC building controls on the third and
fourth floors of the Ross Annex Building in the amount of $356,538, plus a
contingency of $43,462 for a total amount not to exceed $400,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
11.Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922,
for an F59 Ford Chassis Book Mobile Conversion Vehicle (Specification No.
23013) (General Fund and Cannabis Public Benefits Fund)
Department(s): Public Works Agency and Library Services Agency
Recommended Action: Authorize a onetime purchase and payment to Matthews
Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the
amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed
$439,922, subject to nonsubstantive changes approved by the City Manager and
City Attorney.
CITY COUNCIL 10 April 18, 2023
12.Authorize a OneTime Appropriation Adjustment of $500,000 Using General Funds
Balance to Increase the FY 202223 Annual Amount for Asphalt Pothole Repair by
$300,000, and the Remaining $200,000 Will be Issued Through Emergency
Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs
(Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime appropriation of $500,000 using
General Fund balance to 01117017 Public Works Service Enhancements for FY
202223 Roadway Maintenance. (Requires five affirmative votes)
2.Approve an amendment to the Purchase Order Contract with All American
Asphalt for asphalt pothole repair to increase the current term by $300,000, for a
total annual amount not to exceed $1,200,000, and add one, twoyear renewal
term to the purchase order exercisable by the City Manager and City Attorney,
subject to non substantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to Diamond Construction & Design in the Amount of
$1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe
Route to School (SRTS) Project With an Estimated Project Delivery Cost of
$1,659,049 (Project No. 206963, ATPSB1L5063(199) (General and NonGeneral
Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223
Capital Improvement Program to include $130,000 of funding in General Fund for
the Kennedy Elementary and Villa Fundamental Intermediate SRTS.
3.Authorize the reallocation of unspent Measure M2 Local Fairshare funds from
various projects; $128,316 from Bike Lane Project Development, $84,733 from
Traffic Safety Project Development, and $25,000 from the Jackson Elementary
Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa
Fundamental Intermediate SRTS Project to complete the project’s funding
requirement.
4.Award a construction contract to Diamond Construction & Design, the lowest
responsible bidder, in accordance with the base bid in the amount of $1,374,150,
for construction of the Kennedy Elementary and Villa Fundamental Intermediate
SRTS Project, for the term beginning April 18, 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.
5.Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,659,049, which includes $1,374,150 for the construction contract, $147,484 for
contract administration, inspection, and testing; and a $137,415 project
contingency for unanticipated or unforeseen work.
CITY COUNCIL 11 April 18, 2023
6.Determine that the recommended actions are exempt from further review in
accordance with the California Environmental Quality Act as Categorical
Exemption Environmental Review No. ER202096 was filed for Project 206963.
14.Approve Additional Contingency Funds for an Existing Construction Contract with
HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant
River Otter and Primate Trials Project with an Estimated Project Delivery Cost of
$7,798,427 (Project No. 162658) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis to
recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547
in additional contract administration, inspection, and testing for a new estimated
total construction delivery cost of $7,798,427. The new estimated total construction
delivery costs include $5,289,238 for the construction contract, $923,385 for contract
administration, inspection, testing, and a $1,585,804 project contingency for
unanticipated or unforeseen work, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
2.Approve an amendment to the Fiscal Year 202223 Capital Improvement
Program for $1,198,427.
15.Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135,
Approve an Amendment to the Fiscal Year 202223 CIP, and Approve Amendment to
the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial
Lake Circulation Renovation Project with an Estimated Total Delivery Cost of
$6,179,135 (Project No. 182681) (Revive Santa Ana program)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202223
Capital Improvement Program to include $1,342,240 of funding in American
Rescue Plan Funds for the Centennial Lake Circulation Renovation project.
2.Award a construction contract to CJW Construction, Inc., the lowest
responsive and responsible bidder, in accordance with the base bid in the
amount of $4,942,135, for the construction of the Centennial Lake Circulation
Renovation Project, for a term beginning April 18, 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
$6,179,135, which includes $4,942,135 for the construction contract; $742,000 for
contract administration, inspection, and testing; and a $495,000 project
contingency for unanticipated or unforeseen work.
4.Authorize the City Manager to execute the first amendment to the agreement
CITY COUNCIL 12 April 18, 2023
with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a
total amount not to exceed $61,391, for lake engineering and construction
services for the remaining term of the agreement, beginning May 20, 2022
through December 31, 2023, including up to two additional oneyear periods
upon a writing executed by the City Manager and City Attorney (Agreement
Nos. 2023-061 and 2023-062).
5.Determine the recommended actions are exempt for further review in
accordance with the California Environmental Quality Act as Categorical
Exemption Environmental Review No. ER202331 was filed for Project
182681.
16.Approve Agreements with Hillsborough Fence Company, J & A Engineering
Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000,
for up to a FiveYear Term for AsNeeded Installation, Maintenance, and Repair for
Fencing and Gate Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with
Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence
Co. Inc. to provide oncall installation, maintenance, and repair for fencing and
gates, for a shared aggregate amount not to exceed $3,000,000 for a threeyear
term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two,
oneyear extensions, subject to nonsubstantive changes approved by the City
Manager and City Attorney (Core Agreement No. 2023-063).
17.Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a
Total Amount Not to Exceed $2,950,000, for OnCall Material Testing and Special
Inspection Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a Caltrans
federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group,
Inc. to provide OnCall Material Testing and Special Inspection Services, for a
shared aggregate amount not to exceed $950,000, for a term beginning April 18,
2023 and expiring July 5, 2024, with provisions for two, oneyear extensions, subject
to non substantive changes approved by the City Manager and City Attorney
(Core Agreement No. 2023-064).
2.Authorize the City Manager to execute the first amendment to the standard
agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide
OnCall Material Testing and Special Inspection Services, and increase the
contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the
remaining term through July 5, 2024, subject to nonsubstantive changes approved
by the City Manager and City Attorney (Core Agreement No. 2023-065).
CITY COUNCIL 13 April 18, 2023
18.Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase
the NottoExceed Amount by $20,000 per Year through June 30, 2023, for a Total
Agreement Amount of $38,050, to Provide Event Equipment and Services at
Various City Events (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute the first
amendment to the agreement with Elite Special Events to provide event equipment
and services for various City events, to increase the amount by $20,000, for a total
nottoexceed amount of $38,050, through June 30, 2023, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2023-066).
19.Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the
attached Mills Act agreement 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 project is
exempt from further review in accordance with the California Environmental Quality
Act (CEQA) as the following Categorical Exemption will be filed for this project: ER
No. 202310).
Property Owner(s), Historic Property Preservation Agreement No., Address/House,
Vote by HRC
Brian and Krystle Newquist, 202301, 2311 N. Benton Way, 8:1:0:0 (Murashie
dissented) (Agreement No. 2023-067)
20.Adopt a Resolution to Authorize the City Manager to Accept the California Automated
Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant
Agreement with the State of California Energy Commission, and Approve an
Appropriation Adjustment Recognizing Funds
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt Resolution No. 2023-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE
CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM (includes
determination that the proposed action is exempt from further review pursuant to
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and the
CEQA Guidelines as there is no potential for any environmental impact).
2.Approve an appropriation adjustment recognizing the CalAPP grant funds, in the
amount of $100,000, to revenue account number and appropriate same to
CITY COUNCIL 14 April 18, 2023
expenditure account numbers. (Requires five affirmative votes)
MINUTES: Mayor Pro Tem Lopez requested staff provide the public information
regarding the current solar panel state program.
MOTION: Mayor Pro Tem Lopez moved to approve the recommended action
for Agenda Item No. 20, 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
**END OF CONSENT CALENDAR**
MINUTES: At 9:51 P.M., the Business Calendar was considered.
21.First Reading of an Ordinance to Amend Section 86 of the Santa Ana Municipal Code
(SAMC) Pertaining to License Requirements of Contractors and Subcontractors to
Include the Collection and Disclosure of Information Regarding Pending or Prior
Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23)
Department(s): Planning and Building Agency
Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023
02 – An ordinance of the City Council of the City of Santa Ana amending Section 86
of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of
contractors and subcontractors to include the collection and disclosure of information
regarding pending or prior enforcement actions for any state or federal labor
violations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SANTA ANA MUNICIPAL CODE SECTION 86 RELATING TO LICENSE
REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes
determination that this Ordinance is not subject to the California Environmental
Quality Act (CEQA) 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
BUSINESS CALENDAR
CITY COUNCIL 15 April 18, 2023
significant effect on the environment, and it is not a “project,” as defined in Section
15378 of the CEQA Guidelines).
MOTION: Councilmember Penaloza moved to approve the recommended
action for Agenda Item No. 21, 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
22.Early Direction for Fiscal Year 202324 Budget Cycle
Department(s): Finance and Management Services
Recommended Action: Provide early budget direction to staff for the upcoming
fiscal year.
MINUTES: Director of Finance Management Services Kathryn Downs provided a
brief presentation. Discussion ensued regarding the Fiscal Year 2023-24 Budget
Cycle.
Councilmember Penaloza provided direction regarding the current commissioner
payment amount, spay and neuter programs, and the opioid settlement services.
Councilmember Vazquez commented on library services, community events,
housing services, and a school liaison.
Councilmember Hernandez spoke in support of a trap, neuter, and release
program. He provided direction to staff regarding a new youth center, additional
senior centers, breakfast programs, Fiestas Patrias, street improvements, and
additional youth services.
Councilmember Phan spoke regarding street maintenance, additional youth
services, library services, opioid settlement services, and community event
funding.
Councilmember Bacerra provided comments on traffic signal improvements,
community police staffing, cannabis tax rates, opioid settlement services, and
new revenue generators.
CITY COUNCIL 16 April 18, 2023
Mayor Pro Tem Lopez provided comments on future community surveys, general
funding expenditures, animal control services, and opioid settlement services.
Mayor Amezcua provided comments on youth programs, additional police
officers, additional code enforcements officers, gang prevention programs,
expansion of the Discovery Cube, crossing guards, and opioid settlement
services.
23.Resolution Declaring the Termination of Local Emergency Regarding the COVID19
Pandemic
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023-019
A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE
TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING
THE CORONAVIRUS (COVID19) PANDEMIC
MINUTES: City Manager Kristine Ridge provided a brief summary of the item.
MOTION: Mayor Amezcua moved to approve the recommended action for
Agenda Item No. 23, seconded by Councilmember Bacerra.
The motion carried, 5-0, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR AMEZCUA
NONE
NONE
MAYOR PRO TEM LOPEZ, COUNCILMEMBER HERNANDEZ
Status: 5 – 0 - 2 – Pass
24.Resolution Declaring Opposition to Assembly Bill 742 (Jackson)
Department(s): City Manager’s Office
Recommended Action: Adopt Resolution No. 2023-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING
CALIFORNIA ASSEMBLY BILL 742 (JACKSON)
MINUTES: Senior Management Analyst Daniel Soto provided a brief presentation.
Council discussion ensued regarding the Resolution Declaring Opposition to
Assembly Bill 742.
CITY COUNCIL 17 April 18, 2023
MOTION: Councilmember Penaloza moved to approve the recommended
action for Agenda Item No. 24, seconded by Mayor Amezcua.
The 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 BUSINESS CALENDAR**
25. Sunshine Ordinance Amendments Work Study Session
Department(s): Planning and Building Agency
Recommended Action: Discuss and provide direction to staff.
MINUTES: At 11:33 P.M., the Work Study Session was considered.
Director of Planning and Building Minh Thai announced that he had provided Council a
summary of proposed changes. Council had no additional questions or comments.
CITY MANAGER COMMENTS
MINUTES: Assistant City Manager Steven Mendoza made community announcements
regarding the 5K and 10K races and the Dia De Los Ninos Event.
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 April 12–14, 2023 Mayor Amezcua – League of California Cities City Leaders
Summit in Sacramento, CA
WORK STUDY SESSION
CITY COUNCIL 18 April 18, 2023
MINUTES: Councilmember Vazquez provided comments on the upcoming Fiestas
Patrias event and congratulated his students for winning a bronze medal at a recent
speech competition.
Councilmember Hernandez thanked residents for their participation and wished
everyone a goodnight.
Councilmember Bacerra thanked the City of Orange for their assistance and
advocating for an additional bus stop for the City and wished everyone a good night.
Councilmember Phan provided comments on Astiva Health, the Los Amigos High
School English and Civics Department, a free legal clinic she hosted at Newhope
Library, and the importance of Sexual Assault Awareness Month.
Councilmember Penaloza commented on Sexual Assault Awareness Month, Denim
Day, requested the water tower be lit up in teal in recognition of Sexual Assault
Awareness month, and congratulated Norma Orozco on her promotion to Senior
Deputy City Clerk.
Mayor Pro Tem Lopez announced that the Orange County Transportation (OCTA) is
looking for participants for their teen council and spoke of the importance of public
transportation.
Mayor Amezcua announced that Republic Services would be hosting a free compost
event on April 29, 2023 at Centennial Park. She disclosed her participation in the
League of California Cities City Leaders Summit in Sacramento. She summarized her
first Coffee with the Mayor event and the City’s Easter event.
Mayor Amezcua announced that Council would be adjourning the Regular Meeting
and reconving the Special Closed Session meeting at 11:51 P.M.
ADJOURNMENT – Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the City Council Regular Meeting at 11:51
P.M.
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk