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HomeMy WebLinkAboutItem 03 - Draft Minutes of May 2, 2023, May 11, 2023, and May 16, 2023CITY COUNCIL 1 05/02/2023 DRAFT Minutes of the Closed Session and Regular Meeting of the City Council City of Santa Ana, California May 2, 2023 CLOSED SESSION MEETING – 5:00 P.M. REGULAR OPEN MEETING – 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:07 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 ROLL CALL CITY COUNCIL 2 05/02/2023 MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho announced the need to take immediate action on a potential Closed Session Agenda Item that became known following the posting of the agenda on April 25, 2023. Councilmember Phan recused herself from the proposed Closed Session Agenda Item, as the listed entities are clients of her employers. MOTION: Councilmember Bacerra moved to add the following Closed Session Item to the Agenda, seconded by Councilmember Penaloza. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30-2022- 01248172. The motion carried, 5-0-1-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) COUNCILMEMBER HERNANDEZ Status: 5 – 0 – 1 – 1 - Pass PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:09 P.M. CITY COUNCIL 3 05/02/2023 CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: •Santa Ana Police Officers Association (POA) •Service Employees’ International Union (SEIU) Full-Time Employees 2.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30- 2022-01248172. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. RECONVENE – City Council will reconvene to continue regular City business. City Council 15 5/2/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council Meeting at 6:45 P.M. ATTENDANCE Council Members Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua City Manager City Attorney City Clerk Kristine Ridge Sonia R. Carvalho Jennifer Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 6:49 P.M.), Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Carl Benninger WORDS OF INSPIRATION Cherry Lai, Tzu Chi Foundation Orange County Service Center ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall announced a clarification to the second proclamation declaring May 2023 as Asian American and Pacific Islander Heritage Month and the removal of the AB1234 Disclosure as the City did not pay for Mayor Pro Tem Lopez’s attendance at the NALEO Policy Institute. CEREMONIAL PRESENTATIONS 1.Certificates of Recognition presented by Mayor Amezcua, Mayor Pro Tem Lopez, and Councilmember Bacerra to Santa Ana’s Boys Youth Basketball Teams: the Miners, the Wildcats, and the Bruins for their Exceptional Athletic Performance. MINUTES: Mayor Amezcua, Mayor Pro Tem Lopez, and Councilmember Bacerra City Council 15 5/2/2023 presented certificates of recognition to Santa Ana’s Boys Youth Basketball Teams: the Miners, the Wildcats, and the Bruins for their Exceptional Athletic Performance. 2.Proclamation presented by Councilmember Phan to Asian Americans Advancing Justice Southern California declaring May 2023 as Asian Americans and Pacific Islander Heritage Month. (revised 4/26/2023) MINUTES: Councilmember Phan proclaimed May 2023 as Asian American and Pacific Islander Heritage Month and presented a proclamation to Asian American Advancing Justice Southern California. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported the City Council voted to add a second Closed Agenda Item related to existing litigation and there was no reportable action. 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: The following speakers addressed Council via teleconference: 1. Sonia Young Ruiz spoke regarding the non-renewal of the non-commitment agreement with Riverview Golf Course and expressed concern regarding park maintenance in her area. 2. Paul Sasiege spoke regarding a regional Park at the Riverview Golf Course. 3. Irma Jauregui spoke in support of Agenda Item No. 30 and requested there be additional public input on the item. 4. Mitra M. requested a resolution be placed on the agenda regarding condemning the regime of Iran at the next City Council meeting. The following speakers addressed Council in-person: 5. John Hanna spoke in support of Agenda Item No. 26. 6. Farhad Marfie requested a resolution be placed on the agenda regarding condemning the regime of Iran. City Council 15 5/2/2023 7. Tannaz spoke in support of the certificates of recognition and requested a resolution be placed on the agenda regarding condemning the regime of Iran. 8. Martha Molina thanked the City Council for their attendance at Riverview Neighborhood meetings and spoke regarding the Riverview Golf Course. 9. Leonel Flores spoke regarding Agenda Item No. 30 and requested there be a public hearing for the item. 10.Fatima Karami requested a resolution be placed on the agenda regarding condemning the regime of Iran. 11.Jose Rea spoke in opposition to Agenda Item No. 30. 12.Soheyla Torabi requested a resolution be placed on the agenda regarding condemning the regime of Iran. City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) comments regarding Agenda Item No. 30 and Eighteen (18) non-agenda comments. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 26 and waive reading of all resolutions and ordinances MINUTES: At 7:38 P.M., Councilmember Bacerra pulled Agenda Item No. 7, and Mayor Pro Tem Lopez pulled Agenda Item Nos. 9 and 24 for separate discussion and consideration. Councilmember Penaloza requested a brief comment on Agenda Item Nos. 14 and 17. Councilmember Hernandez requested a brief comment on Agenda Item Nos. 17, 18, and 24. Councilmember Phan requested a brief comment on Agenda Item No. 26. Mayor Amezcua requested a brief comment on Agenda Item No. 12. MOTION: Councilmember Penaloza moved to approve staff recommendations on the following Consent Calendar Items: 3 through 26 with the exception of Agenda Item Nos. 7, 9 and 24, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: CONSENT CALENDAR City Council 15 5/2/2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 3.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 4.Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full­Term Expiring December 8, 2026 (Continued from the City Council meeting of April 18, 2023, Item No. 9) 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: City Clerk Jennifer L. Hall administered the Oath of Office to Nadin Said. 5.Appoint Carl Benninger Nominated by Councilmember Bacerra as the Ward 4 Representative to the Planning Commission for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Carl Benninger to the Planning Commission as the Ward 4 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Carl Benninger. 6.Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2022 Department(s): Finance and Management Services Recommended Action: Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2022. City Council 15 5/2/2023 7.Quarterly Report for Housing Division Projects and Activities for the Period of January 1, 2023 to March 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 1, 2023 to March 31, 2023. MINUTES: Councilmember Bacerra spoke regarding the housing project and homeownership, and thanked the Housing Division for their hard work and efforts. Discussion ensued regarding inclusionary housing funds received and qualifications, acceptance of applications for homeownership assistance, additional workshops and marketing related to the program, and loan forgiveness program for Santa Ana students/graduates. Mayor Pro Tem Lopez thanked staff for all their hard work and efforts and spoke regarding the housing report and homeownership funds. Councilmember Penaloza thanked staff for all their hard work and efforts. Councilmember Phan spoke regarding upcoming workshops and expansion of the program. MOTION: Councilmember Bacerra moved to approved the recommended action for Item No. 7, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 8.Approve Appropriation Adjustment Recognizing the Remaining Balance of Emergency Housing Voucher Service Fees Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment for Emergency Housing Voucher Service Fees in the amount of $155,750. (requires five affirmative votes) City Council 15 5/2/2023 9.Biennial Modification to the Program Year (PY) 2021­24 Regional and Local Workforce Plan for Grant Funds Received from the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: 1.Approve the modification to the Regional and Unified Local Plan for PY 2021-24 and direct staff to submit to the California Workforce Development Board and State of California Employment Development Department. 2.Authorize the Mayor to execute all documents necessary for the submission of the PY 2021-24 modified Regional and Unified Local Plan. 3.Authorize staff to submit revisions to the PY 2021-24 Regional and Unified Local Plan should they be necessary as requested by the California Workforce Development Board or California Employment Development Department. MINUTES: Mayor Pro Tem Lopez spoke regarding the report and expressed concern regarding low income laborers and receiving federal monies and commented on the Inflation Reduction Act. She requested to meet with the Federal lobbyist. City Manager Kristine Ridge stated staff would look to identify resources in receiving funding. MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Agenda Item No. 9, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 10.Master Agreement with Qualified Schools to Provide Vocational Training with Federal Workforce Innovation and Opportunity Act (WIOA) and Orange County Social Services Grant Funds for Fiscal Year 2023­24 through Fiscal Year 2026­27(Non­General Fund) Department(s): Community Development Agency Recommended Action: City Council 15 5/2/2023 1.Authorize the City Manager to execute a master agreement, for a total aggregate amount not to exceed $2,765,820 payable from federal Workforce Innovation and Opportunity Act and Orange County Social Services grant funds, for a four- year period expiring June 30, 2027, with a school or training provider listed on the State Employment Training Provider List (ETPL), to deliver occupational skills training on an as needed basis to unemployed and low-income individuals, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­069). 2.Approve schools and training programs listed on the State of California’s Eligible Training Provider List to be used on an as needed basis to provide occupational training under the guidelines of the Workforce Innovation and Opportunity Act. 11.Grant an Easement to Southern California Edison to Allow Underground Power to Serve a 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 016-035-14. 12.Award a Purchase Order to Landscape Structures, Inc. to Provide and Install a Universally Accessible Playground at Thornton Park in the Amount of $2,042,277 (Specification No. 23­059) (Project No. 23­2602) (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment to Landscape Structures, Inc. to furnish and install a universally accessible playground at Thornton Park in the amount of $2,042,277, plus a contingency of $306,342 for a total amount not to exceed $2,348,619, subject to non-substantive changes approved by the City Manager and City Attorney. MINUTES: Mayor Amezcua thanked the City Manager and City staff for all their hard work and efforts and commented on the importance of universally accessible playgrounds. 13.Award a Purchase Order to Amtech Elevator Services to Replace the Elevator Cylinder at the Santa Ana Regional Transportation Center in the Amount of $141,945 (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time Purchase Order and payment to Amtech Elevator Services for the replacement of the elevator cylinder at the Santa Ana Regional Transportation Center in the amount of $141,945, plus a contingency of $30,900 for a total amount not to exceed $172,845, subject to non-substantive City Council 15 5/2/2023 changes approved by the City Manager and City Attorney. 14.Award a Construction Contract to Vido Samarzich, Inc. in the Amount of $978,455 for the Glenwood Place Water Improvements Project, with an Estimated Project Delivery Cost of $1,300,000 (Project No. 23­6476) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $978,455 for the construction of the Glenwood Place Water Improvements Project, for the term beginning April 18, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 2.Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,300,000, which includes $978,455 for the construction contract, $146,768 for contract administration, inspection, and testing, and a $174,777 project contingency for unanticipated or unforeseen work. 3.Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-26 was filed for the project. MINUTES: Councilmember Penaloza requested there be proper outreach to impacted businesses due to the construction and spoke in support of the item. 15.Award a Construction Contract to Pacific Hydrotech Corp. in the Amount of $12,795,865 for the Well 32 Rehabilitation Project, with an Estimated Project Delivery Cost of $16,634,625 (Project No. 13­6433) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Award a construction contract to Pacific Hydrotech Corp., the lowest responsible bidder, in accordance with the base bid in the amount of $12,795,865 for construction of the Well 32 Rehabilitation Project, for a term beginning May 2, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 2.Approve the Project Cost Analysis for a total estimated construction delivery cost of $16,634,625, which includes $12,795,865 for the construction contract, $1,224,820 for contract management, $694,560 for contract administration, inspection, and testing, and a $1,919,380 project contingency for unanticipated or unforeseen work. City Council 15 5/2/2023 16.Approve Agreements with Johnson­Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. for On­Call Professional Land Surveying Services, with an Aggregate Amount Not to Exceed $2,450,000 for Three­Year Terms (RFP No. 19­090) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute federal Caltrans agreements with Johnson-Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. to provide on-call land surveying services on an as-needed basis, in an aggregate amount not to exceed $950,000 for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­071). 2. Authorize the City Manager to execute non-federal agreements with Johnson-Frank & Associates, Inc., Stantec Consulting Services, Inc., and Towill, Inc. to provide On-Call Land Surveying Services on an as-needed basis, in an aggregate amount not to exceed $1,500,000 for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­072). 17.Approve an Agreement with David Evans and Associates, Inc. in an Amount Not to Exceed $410,000 for the Landscape Architectural Design Services for a New Park at 10th St. and Flower St. for a Three­Year Term (Project No. 22­1342) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with David Evans and Associates, Inc. to provide design, development of contract documents, and construction support for the proposed 10th and Flower Park project in the amount of $369,455, with a contingency of $40,545 for a total amount not to exceed $410,000, for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­073). MINUTES: Councilmember Hernandez commented on the forthcoming Park at 10th St and Flower. Councilmember Penaloza spoke in support of the item. City Council 15 5/2/2023 18.Amend Agreement with David Evans and Associates, Inc. for Design and Construction Support Services for the Standard – McFadden Park Project by an Additional $50,000 for the Remainder of the Agreement Term (Project No. 20­2729) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with David Evans and Associates, Inc. to provide design, development, and contract documents for the proposed Standard-McFadden Park project, to increase the contract by $43,505, with an approximate 15 percent contingency, for a total not to exceed amount of $50,000, for the remainder of the agreement term through August 16, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­074). MINUTES: Councilmember Hernandez expressed excitement for the new park services. 19.Approve Agreements with AESCO, Inc., Alta Planning + Design, Inc., CWE, IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan Engineering for On­Call Engineering Services in an Aggregate Amount Not to Exceed $5,000,000 for up to a Five­Year Term (General and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with AESCO, Inc., Alta Planning + Design, Inc., CWE; IDS Group, Inc., J. Smith & T. Muli, Inc., KPFF Consulting Engineers, Psomas, Shannon & Wilson, Tait & Associates, Inc., and Willdan Engineering, to provide on-call engineering services for a shared aggregate amount not to exceed $5,000,000, for a three-year term beginning May 2, 2023 and expiring May 1, 2026, with provisions for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­075). 20.Approve Agreements with Bruce Anderson Enterprises, Inc. dba A’s Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. for Emergency Asphalt and Portland Cement Concrete (PCC) Services for a Total Amount Not to Exceed $3,000,000 for up to a Five­ Year Term (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Bruce Anderson Enterprises, Inc. dba A’s Construction, EBS General Engineering, Inc., Palp, Inc. dba Excel Paving Co., Hardy & Harper, Inc., Vido Samarzich, Inc., and We R Builders, Inc. to provide on-call asphalt and concrete placement services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning City Council 15 5/2/2023 May 2, 2023 and expiring May 1, 2026 with provisions for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­076). 21.Approve Amendment to Agreement with TSYS Merchant Solutions, LLC DBA Global Payments, Inc. for Online Debit and Credit Card and Electronic Fund Transfer Automated Clearing House (ACH) Merchant Payment Processing Services, Support and Maintenance, and Purchase of Point­of­Sale Payment Terminals for a New Agreement Amount Not to Exceed $2,022,400 Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with TSYS Merchant Solutions, LLC, doing business as Global Payments, Inc., for online debit and credit card payment processing, electronic fund transfer Automated Clearing House (“ACH”) payment processing, support and maintenance, and purchase of payment terminals. The amendment includes a base contract increase in the amount of $4,000 and general contingency increase in the amount of $120,000, for a new agreement amount not to exceed $2,022,400. The not to exceed amount includes a general contingency of $362,400 over the maximum life of the agreement. The amendment adds a base term commencing May 2, 2023 and expiring December 31, 2025, with provision for two renewal options (a three-year and a one-year), subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­077). 22.Agreement with HCI Systems, Inc. for Fire Alarm System Devices Upgrade, Testing, Inspection, and Repair Services (General Fund) Department(s): Police Department Recommended Action: 1.Authorize the City Manager to execute an agreement with HCI Systems, Inc. for upgrades to the fire alarm system devices at the Police Administration and Jail Buildings and testing and inspection services for a three-year period from May 2, 2023 to June 30, 2026 in the amount of $837,792, plus a contingency of $40,000, for a total amount not to exceed $877,792, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­078). 2.Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Fire Alarm System Devices Upgrade project. 23.Adopt a Resolution for Fiscal Year 2023 Homeland Security Grant Program Funding in the Amount of $5,113,750 Department(s): Police Department Recommended Action: Adopt Resolution No. 2023-021 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY City Council 15 5/2/2023 MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE FY2023 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM (authorizing the City Manager and/or the Chief of Police or their designee(s), to apply for the FY 2023 Urban Area Security Initiative grant and upon award, enter into an agreement with the State of California, California Governor’s Office of Emergency Services for the period September 1, 2023 through August 31, 2026, in the amount of $5,113,750, of which $835,000 is obligated to the Orange County Intelligence Assessment Center (Agreement No. 2023­079)). 24.Resolution Accepting the Donation of Science, Technology, Engineering, and Mathematics (STEM) Focused Amenities at Madison Park and Angels Community Park from the University of California Irvine School of Education, and a Donation Agreement with the University of California Irvine School of Education for the Installation of these Amenities at Madison Park and Angels Community Park Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Adopt Resolution No. 2023-022 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) FOCUSED AMENITIES FROM THE UNIVERSITY OF CALIFORNIA, IRVINE SCHOOL OF EDUCATION TO PROMOTE STEM LEARNING OPPORTUNITIES AT MADISON PARK AND ANGELS COMMUNITY PARK 2. Authorize the City Manager to execute a donation agreement with The Regents of the University of California, Irvine School of Education for the installation of the STEM-focused amenities at Madison Park and Angels Community Park. The amenities are valued at approximately $249,000 and will come at no cost to the City. The agreement is valid from April 18, 2023, through December 31, 2023, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­080). MINUTES: Councilmember Hernandez spoke in support of the item and regarding the new opportunities. Mayor Pro Tem Lopez thanked all in partnership with the City regarding the project and spoke in support of the item. Mayor Amezcua questioned the cost to the City. City Manager Kristine Ridge clarified the City has no obligations to the project. MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 24, seconded by Councilmember Penaloza. City Council 15 5/2/2023 The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 25.Adopt Resolution for State of California Grant and Approve Appropriation Adjustment Recognizing $9,000,000 of State Grant Funds for the Modernization of the Santa Ana Civic Center Department(s): Community Development Agency Recommended Action: 1. Adopt Resolution No. 2023-023 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPLICATION FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2022/23 (BUDGET ACT OF 2022, AB179, CHAPTER 249, CONTROL SECTION 19.56, ITEM 3790-101-0001(K) OTHER COMMUNITY SERVICES, (24) $9,000,000 TO THE CITY OF SANTA ANA FOR THE MODERNIZATION OF THE SANTA ANA CIVIC CENTER (SACC)) (Grant Contract No. 25, Agreement No. 2023-081) 2. Approve an Appropriation Adjustment recognizing State of California Grant Funds in the amount of $9,000,000. (requires five affirmative votes) 26.Adopt Ordinance No. NS­3039 – 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 significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines) First reading at the April 18, 2023 City Council meeting, approved by a vote of 7-0. Published in the Orange County Reporter on April 21, 2023. Department(s): Planning and Building Agency Recommended Action: Place ordinance for second reading and adopt. **END OF CONSENT CALENDAR** City Council 15 5/2/2023 AT 8:16 P.M. AGENDA ITEM NO. 30 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC HEARINGS. 30.Discuss Request to “Call Up” Planning Commission Item Conditional Use Permit No. 2023­09, Request to Upgrade the Existing Type 41 On­Sale Alcoholic Beverage Control (ABC) License to a Type 47 On­Sale Alcoholic Beverage Control (ABC) License to Allow the On­Premises Sale of Beer, Wine, and Distilled Spirits at an Existing Eating Establishment Located at 1208 East McFadden Avenue located within the Planned Shopping Center (C4) Zoning District (Mariscos Hector Sports Grill) and Consider Scheduling a Public Hearing – Councilmember Penaloza MINUTES: Councilmember Penaloza requested an additional public hearing for the item. Councilmember Bacerra expressed support for a public hearing. Councilmember Hernandez expressed support for a public hearing. MOTION: Councilmember Penaloza moved to schedule a public hearing for the Planning Commission Item Conditional Use Permit No. 2023­09, Request to Upgrade the Existing Type 41 On­Sale Alcoholic Beverage Control (ABC) License to a Type 47 On­Sale Alcoholic Beverage Control (ABC) License to Allow the On­Premises Sale of Beer, Wine, and Distilled Spirits at an Existing Eating Establishment Located at 1208 East McFadden Avenue located within the Planned Shopping Center (C4) Zoning District (Mariscos Hector Sports Grill), seconded by Councilmember Bacerra. 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 PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 27.Public Hearing – Approve the Fiscal Year 2023­24 Annual Action Plan and Budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and Authorize Submission to the U.S. Department of Housing and Urban Development City Council 15 5/2/2023 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on March 20, 2023. Department(s): Community Development Agency Recommended Action: 1.Approve the Fiscal Year 2023-24 Annual Action Plan and authorize submission to the U.S. Department of Housing and Urban Development. 2.Approve the Fiscal Year 2023-24 budgets for the Community Development Block Grant program in the total amount of $4,808,057; HOME Investment Partnerships grant in the amount of $1,605,667 from Grant Year 2023 allocation and a re-allocation of $6,180,123 in prior year program funds; and Emergency Solutions Grant in the amount of $447,249 from Grant Year 2023 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts. 3.Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understandings with various city departments awarded funds as part of the approved Community Development Block Grant program budget for a term beginning July 1, 2023 through June 30, 2026, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­082). 4.Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non-profit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2023 through June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­083). 5.Direct the City Attorney to finalize and authorize the City Manager to execute amendments to the current Community Development Block Grant subrecipient agreements for America on Track, The Delhi Center, and the Orange County Children’s Therapeutic Arts Center (Agreement No. 2023­084). MINUTES: Mayor Amezcua reported a recusal on a portion of the Public Hearing related to Neutral Ground and left the dais at 8:19 P.M.. MOTION: Councilmember Phan moved to bifurcate the Agenda Item to consider the Public Hearing via two separate actions, seconded by Councilmember Vazquez. The motion carried, 6-0-1, by the following roll call vote: City Council 15 5/2/2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE MAYOR AMEZCUA (recusal) NONE Status: 6 – 0 – 1 – Pass MINUTES: Mayor Pro Tem Lopez opened the public hearing at 8:21 P.M. There being no speakers, Mayor Pro Tem Lopez closed the public hearing at 8:21 P.M. Councilmember Hernandez spoke in support of the item and thanked City staff for their hard work and efforts. Councilmember Bacerra thanked all for their hard work. MOTION: Councilmember Phan moved to approve the allocation to Neutral Ground, seconded by Councilmember Vazquez. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE MAYOR AMEZCUA (recusal) NONE Status: 6 – 0 – 1 – Pass MINUTES: Mayor Amezcua returned to the dais at 8:26 P.M. MOTION: Councilmember Hernandez moved to approve the remainder of the recommended action for Public Hearing Item No. 27, seconded by Councilmember Bacerra. MINUTES: Discussion ensued regarding Community Development Block Grant allocation of funds, marketing available programs to residents, and County-wide organization programs. City Clerk Jennifer Hall stated there was one (1) e-comment received for the item. The motion carried, 7-0, by the following roll call vote: City Council 15 5/2/2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass MINUTES: At 8:35 P.M., the Work Study Session was considered. 28.Fiscal Year 2023­24 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide direction to staff. MINUTES: Finance Director Kathryn Downs gave a presentation regarding the budget workshop. The following speakers addressed Council in-person: 1. Carl Benninger spoke regarding the CERT program and requested funds for the program. 2. Dale Helvig requested funding for additional expansion of the Discovery Science Center Councilmember Vazquez spoke regarding crime reduction and building character of the community. Councilmember Hernandez thanked staff for the presentation, commented on community concerns, and spoke in support of additional park space, teen center, investing on crime reduction programs, addressing homelessness, local excursions, boxing, afterschool programs, and the proposed City event budget. He spoke regarding allocation of funding. Councilmember Phan spoke regarding the need for additional park space, teen excursions, Discovery Cube, and the proposed City event budget. She requested the Boards and Commission budget be doubled and increased in range, and spoke in opposition to additional funds for animal control services. She expressed concern regarding the crossing guard expenditure. WORK STUDY SESSION City Council 15 5/2/2023 Mayor Pro Tem Lopez spoke in support of the Waste Hauler donations, Discovery Science Center, teen excursion program, Fiestas Patrias at Downtown Santa Ana, and maintaining Juneteenth. She spoke regarding implementing a Measure X sunset plan and workforce development budget, requested a designated fund for traffic roundabouts, promotion of public transportation, additions of cameras in prominent intersections, fitness programs, funding for Santiago Park restrooms, shading area in play areas, and environmental commitments, and asked for clarifications on fees. Finance Director Downs spoke regarding increased fees. Councilmember Bacerra spoke in support of the budget, regarding funding of eight additional police officers to fill vacancies, and requested two Patrol Officers be allocated for the Downtown Area and two additional Patrol Officers be allocated to the South Bristol Corridor. He spoke regarding traffic signals, installation of cameras at Alton Bike Trail, maintaining a portion of Griset Park for a Dog Park, and generating fund revenue items. Councilmember Penaloza spoke in support of the budget and spoke in opposition to crossing guard funds, future park expansion of park at Bristol and Warner, Winter Village, and Indigenous People’s Day, spoke in support of the community events and requested non-residents participating in 5K Run be charged a nominal fee. He spoke regarding selling alcohol at the Zoo, requested an update on splash pads, and asked for clarification regarding costs involved with animal control services. City Manager Kristine Ridge spoke regarding costs with animal control services. Councilmember Vazquez spoke regarding community event expenses and funds and crossing guards, and spoke in support of the budget. Councilmember Hernandez spoke in support of the Cannabis Festival and spoke regarding expenses related to the festival and generating additional revenue. Mayor Amezcua spoke regarding community participation in the City budget workshop, top two and two lowest budget priorities, fee increases, free rental of Parks, Discovery Science Center expansion, Fiesta Patrias, and expressed concern regarding the Cannabis Festival and crossing guards. She requested the City hire additional Code Enforcement Personnel and spoke regarding Measure X, prevention programs for crimes, quality of life, and fiscal responsibility. City Manager Ridge spoke regarding the Cannabis Festival. General consensus provided to generate additional revenue. City Council 15 5/2/2023 COUNCILMEMBER REQUESTED ITEMS 29.Discuss and Consider Directing the City Attorney and City Manager to Make a Public Report on the Homeless Federal Agreement and the City’s Plans to Address Enforcement and Impacts Related to the Upcoming Expiration of the Agreement as it Relates to Funding, Clean­Ups, and Shelter Services – Mayor Amezcua MINUTES: Mayor Amezcua spoke regarding the Item, requested the item be postponed due to litigation, and requested an informational report be sent to the Council within 30-days. Councilmember Penaloza expressed support for the item. 30.AGENDA ITEM NO. 30 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC HEARINGS. MINUTES: At 10:34 P.M., Mayor Amezcua recessed the City Council meeting to address the Housing Authority agenda and reconvened at 10:36 p.m. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced the Public Works Department as award recipients and spoke regarding the Orange County Marathon. 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 26 – 28, 2023 Mayor Pro Tem Lopez – NALEO Policy Institute on Economic Mobility Conference in New York, NY MINUTES: Councilmember Vazquez spoke regarding International Workers Day. Councilmember Hernandez thanked residents for their participation. Councilmember Phan thanked non-profit partners and volunteers for their assistance in Ward 1, spoke regarding April 30 as Black April Month, and wished everyone a Happy Mothers Day! Councilmember Bacerra spoke regarding the Orange County Marathon and announced his office hours on Saturday, May 6, 2023 at 10:00 A.M. at George Upton Park. Councilmember Penaloza commented on the Orange County Marathon costs and wished everyone a Happy Mothers Day! City Council 15 5/2/2023 Mayor Amezcua spoke regarding a community walk at Wilshire Square area, Victims Memorial, Fire Department ride along, and congratulated and thanked staff for all their help and hard work. She wished everyone a Happy Mothers Day! ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:45 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 1 5/11/2023 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California May 11, 2023 SPECIAL OPEN MEETING – 4:00 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL SPECIAL OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special City Council meeting to order at 4:16 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. City Council 1 5/11/2023 Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (arrived at 4:21 P.M.), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Lorena Vidaurre ADDITIONS/DELETIONS MINUTES: None. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed Council via teleconference: 1. Karen Malley requested a spay and neuter program and spoke regarding the impacts to the community. 2. Kevin Marlin, OC Animal Allies, spoke regarding the costs, resources and staffing for spay and neuter programs, and requested funding for the program. 3. Ladan Davia requested a spay neuter program in the City. 4. Romina Yamashiro requested a spay and neuter program and spoke regarding the impacts to the community. 5. Tim Johnson expressed concern regarding the sunset of Measure X. 6. John Ramirez requested funds for security/patrol at City Parks and additional PAAL centers and spoke regarding the OC Animal Shelter’s pandemic measures. 7. Erika Rasmussen requested a spay and neuter program in the City. The following speakers addressed Council in-person: 8. Azucena Soria requested funds for a PAAL program at French Park. 9. Tina Davidson thanked the City Council for the security fence at Howe-Waffle House and requested funds for a painter. 10.Dale Helvig spoke regarding allocating funds to acquiring additional land and PAAL programs. 11.Jeff Katz spoke regarding the Santa Ana Triangle and requested allocation of City Council 1 5/11/2023 funds for PAAL. 12.Mia Verdin requested funding for a youth center and additional libraries. 13.Carl Benninger requested funds for a CERT program and spoke regarding converting the Flood Control Channel in Ward 4 in to a park. 14.Lorena Vidaurre requested a traffic light signal in her neighborhood. City Clerk Jennifer L. Hall reported out the summary of email comments received: Eleven (11) comments regarding Agenda Item No. 1. MINUTES: At 4:54 P.M. the Work Study Session was considered. 1. Fiscal Year 2023­24 Budget Workshop Department(s): Finance and Management Services Recommended Action: Provide direction to staff in preparation for the budget public hearing scheduled for June 6, 2023. MINUTES: Finance Director Kathryn Downs gave a presentation regarding the proposed budget, background, and best practices. Chief Assistant City Attorney Laura Rossini spoke regarding rules of decorum during City Council meetings. Discussion ensued regarding additional and allocation of funds, grants, staffing, resources, and programs. City Council inquired regarding the 10-year outlook, fee increases, OC Street Car cost estimates, crossing guards, Police Department calls for services cost for the Santa Ana Unified School District, and Stadium reservation costs . Finance Director Downs answered questions and provided clarification. Discussion ensued regarding capital improvement projects, grant funds, housing, Lobbyist, Police staffing, pedestrian and traffic safety, partnerships and sponsorships, Winter Village, and restricted funds. City Manager Kristine Ridge answered questions and provided clarification. Public Works Director Nabil Saba spoke regarding capital improvement projects. Discussion followed regarding the state of emergency order related to COVID, one-time spending, fee schedule, and capital improvement projects. WORK STUDY SESSION City Council 1 5/11/2023 Finance Director Downs answered questions and provided clarification. City Manager Ridge spoke regarding increased rates of materials and labor and funding. She spoke regarding the process of the proposed budget direction. ADJOURNMENT – Adjourn the Special City Council meeting. MINUTES: Mayor Amezcua adjourned the Special City Council meeting at 6:28 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 1 05/16/2023 RAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California May 16, 2023 SPECIAL CLOSED SESSION MEETING – 4:30 P.M. REGULAR OPEN MEETING – 5:45 P.M. (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 4:46 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 05/16/2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 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 LEGAL COUNSEL­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A.City of Santa Ana v. United California Bank Realty Corporation, Orange County Superior Court Case No. 30­2021­01184614 2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Jason Motsick, Human Resources Executive Director Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees’ International Union (SEIU) Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) RECONVENE – City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 6:51 P.M. 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. City Council 3 05/16/2023 ADJOURNMENT – Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 6:52 P.M. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 6:52 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 Community Development Director Mike Garcia WORDS OF INSPIRATION Pastor Danny De Leon Jr., Templo Calvario ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the agenda. City Attorney Sonia Carvalho requested that Agenda Item No. 28 be pulled and continued due to new correspondence arising after the posting of the agenda. Mayor Amezcua stated Agenda Item No. 28 would be rescheduled to a later date. Councilmember Bacerra requested Agenda Item No. 28 be brought back to Council at the June 6, 2023 City Council meeting. City Council 4 05/16/2023 MOTION: Councilmember Bacerra moved to continue Agenda Item No. 28 to the June 6, 2023 City Council meeting, seconded by Councilmember Penaloza. SUBSTITUTE MOTION: Mayor Amezcua moved to continue Agenda Item No. 28 to the June 20, 2023 City Council meeting, seconded by Councilmember Vazquez. The substitute motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA NONE NONE Status: 5 – 2 – Pass; Agenda Item No. 28 Continued CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Pro Tem Lopez and Councilmember Phan to Santa Ana’s Public Works Agency declaring May 21­27, 2023, as National Public Works Week. 2. City Tile presented by Councilmember Bacerra to Mark McLoughlin for Outstanding Contributions to the Community. 3. Proclamation presented by Councilmember Penaloza declaring May 14­20, 2023, as National Police Week. 4. Proclamation presented by Councilmember Vazquez to Santa Ana Active Streets declaring May 2023, as National Bike Month. MINUTES: Mayor Pro Tem Lopez and Councilmember Phan presented a Proclamation declaring May 21-27, 2023, as National Public Works Week to Santa Ana’s Public Works Agency. Mayor Pro Tem Lopez and Councilmember Phan spoke regarding the Public Works Agency. Councilmember Bacerra presented a City Tile to Mark McLoughlin and thanked him for his years of service to the community. Ceremonial Presentation No. 4 was considered prior to Ceremonial Presentation No. 3. Councilmember Vazquez presented a Proclamation declaring May 2023 as National Bike Month to Santa Ana Active Streets. Councilmember Penaloza presented a Proclamation declaring May 14-20, 2023 as City Council 5 05/16/2023 National Police Week to the Santa Ana Police Department. STAFF PRESENTATIONS 5.Homelessness Update MINUTES: City Manager Kristine Ridge stated the Homelessness Update presentation would be continued to a June City Council meeting. 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 announced public comment time is limited to two minutes per speaker. The following speakers addressed Council via teleconference: 1. Carl Benninger requested a CERT program be added to the budget, announced a COM Link meeting, and invited all to attend the June 22, 2023 Annual Awards Night. 2. Henny Abraham requested Council pass a Resolution condemning the Republic of Iran. The following speakers addressed Council in-person: 3. Nico Armenta spoke regarding preserving the Tianguis Farmers Market. 4. Evelyn Armenta spoke regarding preserving the Tianguis Farmers Market. 5. Norma Morales spoke regarding preserving the Tianguis Farmers Market. 6. Melissa Ramirez spoke regarding preserving the Tianguis Farmers Market. 7. Eric Hernandez spoke regarding preserving the Tianguis Farmers Market. 8. Trisha Hernandez spoke regarding preserving the Tianguis Farmers Market. 9. Maria Martinez (Spanish translation) spoke regarding preserving the Tianguis Farmers Market. 10.Gesselle Villamil spoke regarding preserving the Tianguis Farmers Market. 11.Farhad Mafie requested Council pass a Resolution condemning the Republic City Council 6 05/16/2023 of Iran. 12.Lupe Lopez spoke regarding indigenous women rising and expressed concern regarding commissioner allegations towards her. 13.Mona Sedaghat requested Council pass a Resolution condemning the Republic of Iran. 14.Fernando Delgado spoke regarding the recall of Mayor Pro Tem Lopez. 15.Tannaz requested Council pass a Resolution condemning the Republic of Iran. 16.Yousef Badiei spoke regarding condemning the Republic of Iran. 17.Mitra Mosallaie requested Council pass a Resolution condemning the Republic of Iran. 18.Elizabeth Hansburg spoke in opposition to Agenda Item No. 28. 19.Maryam Mosallaie requested Council pass a Resolution condemning the Republic of Iran. 20.Soheyla Torabi requested Council pass a Resolution condemning the Republic of Iran. 21.Alfredo Hernandez (Spanish translation) spoke regarding access to free dental care. 22.Nellie LeGaspe spoke regarding Indigenous Peoples Day. 23.Danny Vega thanked the Mayor for the Mayor’s Prayer Breakfast and spoke regarding the budget. 24.Ralph Salazar spoke regarding Native Americans. 25.Nanabah expressed concern regarding Commissioner Le Gaspe’s violation of the City’s code of ethics. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 9, One (1) comment regarding Agenda Item No. 27, Seven (7) comments regarding Agenda Item No. 28, One (1) comment regarding Item No. 32, and Twenty-three (23) non-agenda comments. CONSENT CALENDAR AGENDA ITEM NO. 7 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR 7.Appoint Keith Carpenter Nominated by Councilmember Phan as the Ward 1 City Council 7 05/16/2023 Representative to the Police Oversight Commission for a Full­Term Expiring on December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Keith Carpenter to the Police Oversight Commission as the Ward 1 representative and administer the Oath of Office. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 7, seconded by Councilmember Bacerra. SUBSTITUTE MOTION: Councilmember Hernandez moved to continue Item No. 7 to the next City Council meeting. The substitute motion died due to lack of a second. The original motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 - Pass MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Keith Carpenter. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 28 and waive reading of all resolutions and ordinances MINUTES: At 8:31 P.M., Councilmember Bacerra pulled Agenda Item Nos. 9, 16, and 25 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 12 and 27 as the listed entities are clients of her employer, Rutan and Tucker. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 28 with the exception of Agenda Item Nos. 7, 9, 16 and 25, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: CONSENT CALENDAR City Council 8 05/16/2023 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. 7. AGENDA ITEM NO. 7 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR. 8.Minutes from the Special Closed Session and Regular Meetings of October 4, 2022 and October 18, 2022. Department(s): City Clerk’s Office Recommended Action: Approve minutes. 9.Receive and File the Rental Registry Fee Study Department(s): Community Development Agency Recommended Action: Receive and file the Rental Registry Fee Study identifying the appropriate Rental Registry Fee to recover all costs associated with the Rent Stabilization and Just Cause Eviction Ordinance. MINUTES: Councilmember Bacerra spoke regarding the Rental Registry Fee study and spoke in opposition to the Item. MOTION: Councilmember Bacerra moved to not approve Item No. 9, seconded by Councilmember Penaloza. SUBSTITUTE MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 9, as presented, seconded by Mayor Pro Tem Lopez. MINUTES: Mayor Amezcua spoke regarding the process time and comparisons for business licenses and the rental registry. Housing Division Manager Judson Brown spoke regarding the process time and automation for the rental registry. Mayor Pro Tem Lopez spoke in support of the item. City Council 9 05/16/2023 Councilmember Penaloza spoke regarding renter and landlord costs and spoke in opposition to the item. Discussion ensued regarding costs and fees, capital improvement petitions analysis, and compliance. Mayor Amezcua spoke in opposition to the item. The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NONE NONE Status: 4 – 3 - Pass 10.Periodic Quarterly Report of Investments as of March 31, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file. 11.Fiscal Year 2022­2023: Third Quarter Budget Update and Appropriation Requests Department(s): Finance and Management Services Recommended Action: 1. Receive and file the fiscal year 2022­2023: Third Quarter Budget Update. 2. Approve the recommended appropriation adjustments with a net General Fund impact of $1,784,000 ($1,500,000 for Business Interruption Grant, $3,900,000 for Main Library Transformation and Newhope Library Tenant Improvement, and reduction of $3,616,000 transfer from General Fund to the Cannabis Public Benefit Fund) (requires five affirmative votes). 12.Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2022­1, County Tract Map No. 19142 (830 South Harbor Blvd.) (Applicant: City Ventures and MAS Investments LP) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2022­1. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12 as part of the Consent Calendar, seconded by Mayor Amezcua. City Council 10 05/16/2023 The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN (recusal) NONE Status: 6 – 0 – 1 - Pass 13.Award a Purchase Order to Galls, LLC for Body Armor Protective Vests for the Santa Ana Police Department in the Amount of $135,474 (Specification No. 23­086) (Non­ General Fund) Department(s): Police Department Recommended Action: Authorize a one­time award and payment to Galls, LLC for the procurement of 35 body armor protective vests in the amount of $135,474, subject to non­substantive changes approved by the City Manager and City Attorney. 14.Award a Blanket Order Contract to BorderLAN, Inc. for Computer Endpoint Protection Software, in an amount not to exceed $200,000 (Specification No. 22­060) (Non­ General Fund) Department(s): Information Technology Recommended Action: Award Blanket Order Contract to BorderLAN, Inc. for Endpoint Protection Software Subscription Services for a three­year period expiring May 31, 2026, in an amount not to exceed $200,000, subject to non­substantive changes approved by the City Manager and City Attorney. 15.Approve and Amend an Agreement with Infor (US) LLC For Lawson Financial System Maintenance, Services, and Software Licenses in an Amount not to Exceed $1,216,709.87 (Non­General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to amend an agreement with Infor (US) LLC for Lawson financial system maintenance, services, and software licenses in an amount not to exceed $1,216,709.87 over a two­year period beginning June 1, 2023 through June 30, 2025, with a one­year optional renewal, subject to non­ substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­085). 16.Approve a First Amendment to Agreements with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. for On­Call Affordable Housing Financial, Analytical, and Advisory Services on an As–Needed Basis in a Shared Amount not to exceed $500,000 (related to Housing Authority Agenda Item No. 2) City Council 11 05/16/2023 Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a First Amendment to three joint on­call consultant agreements for affordable housing financial, analytical, and advisory services with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. to add an additional $250,000 and to extend the term for two years until November 1, 2026, for a total shared amount not to exceed $500,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2023-086). MINUTES: Councilmember Bacerra expressed concern regarding Keyser Marston Associates, Inc. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 16, except consultant agreement with Keyser Marston Associates, Inc., seconded by Mayor Amezcua. The motion carried, 5-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 5 - 2 - Pass MINUTES: Councilmember Hernandez noted for the record a “Yes” vote for Item No. 16. See page 20 for subsequent reconsideration of Item No. 16. 17.Amend Agreement with Mekong Printing dba MK Printing, Inc. to Increase the Agreement by $60,000 for a New Total Agreement Amount not to Exceed $675,000 and to Extend the Term to June 30, 2024 (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Mekong Printing dba MK Printing Inc. to provide citywide offset printing services, increasing the agreement amount by $60,000 ($30,000 annually for the remaining term) for a new total agreement amount of $675,000 and extending the term from June 3, 2024 to June 30, 2024, subject to non­ substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­087). 18.Approve an Amendment to the FY 2022­23 Capital Improvement Program for $483,584 and Award a Construction Contract to California Professional Engineering, Inc. in the Amount of $358,210 for the Riverview Neighborhood Street City Council 12 05/16/2023 Lighting Project, with an Estimated Project Delivery Cost of $483,584 (Project No. 23­6030) (General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an amendment to the FY 2022­23 Capital Improvement Program to include $483,584 in construction funds for the Riverview Neighborhood Street Lighting Project (Project No. 23­6030). 2.Award a construction contract to California Professional Engineering, Inc, the lowest responsible bidder in accordance with the base bid in the amount of $358,210, for the construction of the Riverview Neighborhood Street Lighting Project for a term beginning May 16, 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 $483,584, which includes $258,210 for the construction contract, $53,732 for contract administration, inspection and testing, and a $71,642 contingency for unanticipated or unforeseen work. 4.Determine these actions are exempt from further review pursuant to the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­ 2023­181475 was filed for the project. 19.Approve an Appropriation Adjustment and Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $2,954,000 for the Local Street Preventative Maintenance FY 22­23 Project with an Estimated Project Delivery Cost of $3,840,200 (Project No. 23­6907) (Non­General & General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an appropriation adjustment recognizing prior­ year fund balance of $248,391 in the Public Works­Storm Drain Construction Area III, Prior Year Carry Forward revenue account, and appropriating the same amount into the Public Works­Storm Drain Construction, Improvements Other Than Buildings expenditure account (requires five affirmative votes). 2.Authorize the reallocation of unspent Drainage Area Fee funds from various projects: $38,609 from D­03 Channel Repair at Alton Avenue, $248,391 from Local Drainage Area III, $171,343 from Local Street Preventative Maintenance FY 19­20, $98,516 from Local Street Preventative Maintenance FY 20­21, and $505,341 from Local Street Preventative Maintenance FY 21­22 for a total of $1,062,200 to the Local Street Preventative Maintenance FY 22­23 Project, completing the project’s funding requirement. 3.Award a construction contract to Onyx Paving Company, Inc., the lowest responsible City Council 13 05/16/2023 bidder, in accordance with the base bid and add alternate in the amount of $2,954,000 for construction of the Local Street Preventative Maintenance FY 22­23 Project, for a term beginning May 16, 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. 4.Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,840,200, which includes $2,954,000 for the construction contract; $443,100 for contract administration, inspection, and testing; and a $443,100 project contingency for unanticipated or unforeseen work. 5.Determine these actions are exempt from further review pursuant to the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­ 2023­03 was filed for project 23­6907. 20.Approve Agreements with Kimley­Horn, Tetra Tech, Huitt­Zollars, Inc., RICK Engineering Company, Mark Thomas & Company, Inc., Psomas, Ardurra Group, Inc., CWE, Willdan Engineering, X Engineering & Consulting, Inc., Kleinfelder, Inc., IDS Group, Inc., TAIT & Associates, Inc., Alta Planning + Design, Inc., and KPFF Consulting Engineers for On­Call Engineering Services in an Aggregate Amount Not to Exceed $5,000,000, for up to a Five­Year Term (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Kimley­Horn, Tetra Tech, Huitt­Zollars, Inc., RICK Engineering Company, Mark Thomas & Company, Inc., Psomas, Ardurra Group, Inc., CWE, Willdan Engineering, X Engineering & Consulting, Inc., Kleinfelder, Inc., IDS Group, Inc., TAIT & Associates, Inc., Alta Planning + Design, Inc., and KPFF Consulting Engineers to provide on­call engineering services for a shared aggregate amount not to exceed $5,000,000, for a three­year term beginning May 16, 2023 and expiring on May 16, 2026, with the provision for one, two­year extension, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2023­088). 21.Approve Agreements with David Evans and Associates, Inc., David Volz Design, Kimley­Horn and Associates, Inc., MIG, Inc., NUVIS, PlaceWorks, RJM Design Group, Inc., RRM Design Group, Studio One Eleven, and Verde Design, Inc. for On­Call Landscape Architectural Services in an Aggregate Amount Not to Exceed $5,000,000 for up to a Five­Year Term (General Fund and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with David Evans and Associates, Inc., David Volz Design, Kimley­Horn and Associates, Inc., MIG, Inc., NUVIS, PlaceWorks, RJM Design Group, Inc., RRM Design Group, Studio One Eleven, and Verde Design, Inc. to provide on­call landscape architectural services, for a shared aggregate amount not to exceed $5,000,000, for a three­year term beginning May 16, 2023 and expiring May 15, 2026, with provisions for two, one­ year extensions, subject to non­substantive changes approved by the City Manager and City Attorney City Council 14 05/16/2023 (Agreement Nos. 2023­089). 22.Approve License Agreement with Greyhound Lines, Inc. Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a site license agreement with Greyhound Lines, Inc. for the rental of one bus bay, for a one­year period beginning June 1, 2023 and expiring May 31, 2024, with four, one­year optional renewals, at a monthly rate of $4,500, for a total amount of $54,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­090). 23.Approve an Amendment to the Agreement with EcoNomics, Inc. to Modify the Scope of Work for Solid Waste Consultant Services, Increase the Agreement Capacity in an Amount Not to Exceed $634,345, and Exercise the One­Year Extension (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the fourth amendment to the agreement with EcoNomics Inc. to expand the solid waste consulting services scope of work, increase the total compensation by $574,345, with a contingency of $60,000, for a total additional amount not to exceed $634,345, and exercise the one­year extension expiring June 30, 2024, with option to extend the term for one additional year, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­091). 24.Approve an Amendment to the Agreement with HF&H Consultants, LLC to Expand the Solid Waste Consultant Services Scope of Work, Increase the Agreement Amount by $234,000, and Exercise the One­Year Term Extension (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the fourth amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work, increase the total compensation by $195,000, plus a contingency of $39,000, for a total additional amount not to exceed $234,000, and exercise the one­year term extension expiring June 30, 2024, with an option to extend the term for one additional year, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­092). 25.Approve an Appropriation Adjustment and Approve an Agreement with Butier Engineering, Inc. for a Total Amount Not to Exceed $500,000 for Construction Engineering Services for San Lorenzo Sewage Lift Station (Non­General Fund) Department(s): Public Works Agency City Council 15 05/16/2023 Recommended Action: 1.Approve an appropriation adjustment recognizing prior­ year fund balance of $500,000 in the Sewer Connection Fee Fund, Sewer Connection Projects, Prior Year Carry Forward revenue account, and appropriating the same amount into the Sewer Connection Projects, Improvements Other Than Building expenditure account. (requires five affirmative votes) 2.Authorize the City Manager to execute an agreement with Butier Engineering, Inc. for construction engineering services, for a total agreement amount of $500,000 subject to non­substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023­093). 3.Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program for $500,000 in construction funds for the San Lorenzo Sewer Lift Station Project (06­3510). MINUTES: Councilmember Bacerra inquired when the project would be completed and if additional appropriation of monies would be necessary. Public Works Director Nabil Saba stated additional appropriations would not be necessary, spoke regarding the status of the project, and stated the entire project should be complete by the end of July 2024. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 25, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7-0 - Pass MINUTES: Councilmember Hernandez noted for the record a “Yes” vote for Item No. 25. 26.Approve Appropriation Adjustment Accepting Drinking Water State Revolving Fund Loan Funds for the Automated Metering Infrastructure Project in the Amount of $10,117,365 (Non­General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment accepting California State Water Resources Control Board’s Drinking Water State Revolving Fund loan funds in the City Council 16 05/16/2023 amount of $10,117,365 into the Acquisition & Construction, Water Utility Water Division Capital Expense, Financing Proceeds/Reserve Appropriation revenue accounts and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project/Reserve Appropriation expenditure accounts for current and future year expenditures. (requires five affirmative votes) 27.Adopt a Resolution Approving the Water Supply Assessment for the Cabrillo Town Center Project Located at 1901 East Fourth Street Department(s): Public Works Agency Recommended Action: Adopt a resolution approving the Water Supply Assessment for the Cabrillo Town Center project located at 1901 East Fourth Street. RESOLUTION NO. 2023­024 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE PROPOSED CABRILLO TOWN CENTER PROJECT MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 27 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE COUNCILMEMBER PHAN(recusal) NONE Status: 6 – 0 – 1 - Pass 28.Resolutions of the City of Santa Ana City Council Exempting all Eligible Properties in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution exempting all eligible properties in the City of Santa Ana from the requirements of Assembly Bill 2011 and Senate Bill 6 pursuant to California Government Code sections 65912.114 and 65912.124. RESOLUTION NO. 2023­XXX entitled A RESOLUTION OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) and 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS City Council 17 05/16/2023 (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15061(b)(3) and 15061(b)(5) of the 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). 2. Adopt a resolution exempting all eligible properties in the City of Santa Ana from the requirements of Assembly Bill 2011 and Senate Bill 6 pursuant to California Government Code Section 65852.24. RESOLUTION NO. 2023­XXX entitled A RESOLUTION OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15061(b)(3) and 15061(b)(5) of the 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). MINUTES: Item No. 28 continued to the June 20, 2023 City Council meeting. **END OF CONSENT CALENDAR** MINUTES: At 9:18 P.M., the Business Calendar was considered. 29.Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount not to Exceed $7,706,655 for up to a Five­Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the total amount not to exceed $7,706,655 for a three­year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­093). MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Crossing Guard Program. Mayor Amezcua spoke regarding the importance of crossing guards and Santa Ana BUSINESS CALENDAR City Council 18 05/16/2023 Unified School District’s priorities and spoke in opposition to the Item. Councilmember Penaloza spoke in opposition to the item and stated crossing guard expenses should be shared with the Santa Ana Unified School District. MOTION: Mayor Amezcua moved to not approve Item No. 29, seconded by Councilmember Penaloza. MINUTES: Councilmember Bacerra spoke in opposition of the Item. Councilmember Hernandez spoke regarding the duties of the City Council and spoke in support of the item. SUBSTITUTE MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 29, as presented, seconded by Councilmember Vazquez. MINUTES: Mayor Pro Tem Lopez and Councilmember Vazquez spoke in support to the item. Councilmember Phan inquired regarding partnerships with the Santa Ana Unified School District and joint-use agreements. City Manager Kristine Ridge answered questions and provided clarification. SECOND SUBSTITUTE MOTION: Councilmember Phan moved to continue Item No. 29 to the June 20, 2023 City Council meeting and have staff return with options for offsetting costs, seconded by Councilmember Penaloza. MINUTES: Discussion followed regarding fiscal responsibility, partnerships, and safety. The second substitute motion carried, 5-2, 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, COUNCILMEMBER VAZQUEZ NONE NONE Status: 5 – 2 – Pass; Item No. 29 continued to June 20, 2023 30.Ordinance Amendment No. 2023­01 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and Transparency Measures for Community Meetings for Certain Development Projects Department(s): Planning and Building Agency City Council 19 05/16/2023 Recommended Action: Conduct a first reading and adopt Ordinance Amendment No. 2023­01 amending Section 2­153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code. ORDINANCE NO. NS­3040 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES II.II OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and 15061(b)(5) of the 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). MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Sunshine Ordinance Amendment. Councilmember Bacerra inquired regarding section 2-153(c)(3) development project website and requested three revisions to the ordinance amendments - section 2- 153(c)(3) to reflect city’s project web page instead of development project website, add to the end of the last sentence of section 2-153(b) ‘and the information per subsection f is provided to the City’, and remove the words ‘at minimum’ from the sentence in section 2-153(g)(1). Planning and Building Director Minh Thai clarified the development project website is the city website. Councilmember Phan inquired regarding the applicability of the 2000 ft. radius and the 25 units and spoke regarding translation of materials. Mayor Pro Tem Lopez inquired regarding required number of forums. Director Thai answered questions and provided clarification. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 30 as amended, seconded by Councilmember Phan. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ Status: 6 – 0 – 0- 1 - Pass City Council 20 05/16/2023 MINUTES: Councilmember Phan requested Consent Calendar Agenda Item No. 16 be reconsidered to approve the agreement but not allow Keyser Marston Associates, Inc. to provide analysis to policies. MOTION: Councilmember Phan moved to reconsider Consent Calendar Item No. 16, seconded by Mayor Pro Tem Lopez. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER PENALOZA NONE NONE Status: 6 – 1 - Pass CONSENT CALENDAR AGENDA ITEM NO. 16 WAS RECONSIDERED AND MOVED OUT OF ORDER 16.Approve a First Amendment to Agreements with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. for On­Call Affordable Housing Financial, Analytical, and Advisory Services on an As–Needed Basis in a Shared Amount not to exceed $500,000 (related to Housing Authority Agenda Item No. 2) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a First Amendment to three joint on­call consultant agreements for affordable housing financial, analytical, and advisory services with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. to add an additional $250,000 and to extend the term for two years until November 1, 2026, for a total shared amount not to exceed $500,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­086). MINUTES: Councilmember Phan spoke in support of Keyser Marston Agreement but to not allow Keyser Marston Associates, Inc. to provide analysis to policies. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 16, amending the scope of services for consultant agreement with Keyser Marston Associates, Inc., seconded by Mayor Pro Tem Lopez. The motion carried, 7-0, by the following roll call vote: City Council 21 05/16/2023 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE Status: 7-0 - Pass 31.Ordinance Amending City Manager’s Contracting Authority for Public Works and Non­ Public Works Contracts Under Chapter 2, Article VII and Article VII.II and Public Works Construction Rules and Regulations Under Chapter 33, Article VIII of the Santa Ana Municipal Code Department(s): Public Works Agency Recommended Action: Approve the first reading of an ordinance amending Articles VII and VII.II of Chapter 2 regarding the City Manager’s contracting authority and City purchasing rules and regulations, and Article VIII of Chapter 33 regarding Public Works construction rules and regulations of the Santa Ana Municipal Code as follows: Amend Section 2­748 of Chapter 2, Article VII concerning the City Manager’s Contracting Authority: (1) Public Works contracts to increase from $250,000 to $750,000; (2) emergency public works construction contracts to increase from $100,000 to $750,000; and (3) Non­Public Works and Public Works contract change orders authority increase from 10 percent or $25,000, whichever is greater, to 20 percent. Amend Section 2­803 to 2­807 of Chapter 2, Articles VII.II concerning Purchasing Rules and Regulations: (1) Clarifying language administrative in nature; (2) Extending local vendor preference to increase from procurement between $5,000 and $100,000 to procurement between $15,000 and $100,000; (3) For administrative contracts to increase from $5,000 to $15,000; (4) For informal contracts to increase from $5,000 and $25,000 to $15,000 and $50,000; (5) For formal contracts to increase from $25,000 to $50,000; (6) For no­bid purchases to increase from $25,000 to $50,000; and (7) Add language to coincide with current practices for awarding service contracts. Amend Section 33­203 of Chapter 33, Article VIII concerning the Public Works Construction Rules and Regulations: (1) Housekeeping language administrative in nature. ORDINANCE NO. NS­3041 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLES VII AND VII.II OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING CITY MANAGER’S CONTRACTING AUTHORITY AND CITY PURCHASING RULES AND REGULATIONS, AND ARTICLE VII OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC WORKS CONSTRUCTION RULES AND REGULATIONS (includes determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) as it is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the 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). City Council 22 05/16/2023 MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Ordinance Amending Contract Authority. Discussion ensued regarding accessibility of all City contracts, threshold for City Manager contract authority, and transparency. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 31, as presented, seconded by Councilmember Hernandez. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 31, as amended to decrease Public Works contracts to $500,000 and add section 2-748(c) to require all contracts signed by the City Manager be posted on the City website with searching capabilities, seconded by Mayor Amezcua. The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNADEZ, COUNCILMEMBER VAZQUEZ MAYOR PRO TEM LOPEZ NONE NONE Status: 4 – 3 - Pass 32.Ordinance Amending Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets Sidewalks and Public Works) Related to Ceremonial Street Naming (continued from City Council meeting of March 7, 2023, Item No. 17) Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Article XI of Chapter 33 of the Municipal Code relating to ceremonial street naming. ORDINANCE NO. NS­3042 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) RELATING TO CEREMONIAL STREET NAMING (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 to the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines). MINUTES: Public Works Director Nabil Saba gave a presentation regarding Ceremonial Street Naming. Councilmember Hernandez spoke in support of the item. City Council 23 05/16/2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 32, as presented, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE MAYOR AMEZCUA Status: 6 – 0 – 0 - 1 - Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 33.Discuss and Consider Directing the City Manager to Develop and Implement an Employee Anniversary Pin and Recognition Policy – Mayor Amezcua and Councilmember Phan MINUTES: Councilmember Phan spoke regarding developing and implementing an Employee Anniversary Pin and Recognition Policy. Councilmembers Hernandez, Bacerra, Penaloza, and Vazquez spoke in support of the item. RECESS MINUTES Mayor Amezcua recessed the City Council meeting to address the Housing Authority agenda at 10:46 P.M. RECONVENE MINUTES Mayor Amezcua reconvened the City Council meeting at 10:48 P.M. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced the Public Works Family Festival Event on Saturday, May 20, 2023 at 11:00 A.M. – 3:00 P.M. at the Walnut Water Station. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. City Council 24 05/16/2023 MINUTES: Councilmember Hernandez thanked all those who participated in the meeting. Councilmember Vazquez congratulated all graduates for 2023 and spoke regarding Little Saigon toppers. Councilmember Phan wished everyone a Happy Mothers Day and congratulated her sister-in-law and all 2023 graduates. Councilmember Bacerra announced his monthly community office hours on June 10, 2023 at 10:00 A.M. at George Upton Park, spoke regarding attendance at the California Peace Officer’s Memorial Ceremony, and wished everyone a Happy Memorial Day. Mayor Amezcua congratulated all 2023 graduates. Mayor Pro Tem Lopez announced a Bike Rally by OCTA on Thursday, May 18, 2023 at the Metrolink Station in Orange and invited all to attend, wished everyone a Happy Memorial Day Weekend, and announced an opening on ETAC. Mayor Amezcua thanked all sponsors for the Prayer Breakfast and the Chamber of Commerce, spoke regarding trash complaints and requested complaints be addressed, provided an update on hiring of Police Officers, announced her attendance at Ceremony for a Collaborative Hub – Girls Inc. Families First, Big Brothers and Big Sisters and Orange County Human Relations, and spoke regarding safety and addressing areas of concern. ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:01 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk