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HomeMy WebLinkAbout2023-06-20 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California a: :ram .row June 20, 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 5:03 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 June 20, 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. ADDITIONSIDELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the Closed Session agenda. 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 5:04 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: Micah's Way v. City of Santa Ana et al. United States District Court, Case No. 8:23- CV-00183-DOC-KES 2. CONFERENCE WITH LEGAL COUNSEL —SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): One (1) matter [HCD and Californians for Homeownership] 3. 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) RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 2 June 20, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 6.22 P.M. ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tern Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Martha Rivera WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Sholom ADDITIONSIDELETIONS TO THE AGENDA MINUTES: City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda to include urgency and regular ordinances for City Council's consideration related to the exemption of certain parcels from the requirements of Assembly Bill 2011 and Senate Bill 6. MOTION: Mayor Amezcua moved to add Item No. 32-A to the agenda to allow City Council consideration of two urgency ordinances and the first reading of two ordinances., seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status 7-0 — Pass, Item added to agenda See page 31 for subsequent reconsideration of Item No, 32-A. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to Dorothy "Dottie" Brown for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Mayor Pro Tern Lopez to Grupo La Familia LGBTQ+ for Outstanding Contributions to the Community. CITY COUNCIL 3 June 20, 2023 3. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Dons Baseball team for winning the 2023 CCCAA State Championship. 4. Proclamation presented by Councilmember Phan to Parks & Recreation declaring ,duly 2023, as Park and Recreation Month 2023: Where Community Grows. MINUTES: Mayor Amezcua presented Dorothy "Dottie" Brown a proclamation for outstanding contributions to the community and wished her a Happy Birthday. Mayor Pro Tem Lopez recognized Grupo La Familia for outstanding contributions to the community and thanked them for their work with the LGBTQ community. Councilmember Bacerra recognized the Santa Ana College baseball team for their fourth state CCCAA State Championship. Councilmember Phan presented a proclamation to Parks and Recreation declaring July 2023, as Park and Recreation Month 2023. 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. 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: Mayor Amezcua announced that public comment time is limited to two minutes per speaker. City Clerk Jennifer L. Hall reported out the summary of email comments received: nine (9) non -agenda comments, one (1) comment regarding Agenda Item No. 25, and five (5) comments regarding Agenda Item No. 32. The following speakers addressed Council via teleconference: 9. Victor Mendez provided comments regarding Agenda Item No. 25. 2. Mireya Guillen spoke in support of Mayor Amezcua and thanked the Parks and Recreation Department for bringing back the concerts in the park. 3. Verenice Cuellar provided comments in opposition to illegal street vendors. 4. Carl Benninger provided comments in support of Mayor Amezcua. CITY COUNCIL 4 June 20, 2023 The following speakers addressed Council in -person: 5. Jaydelyn Verdin provided comments on the Police Officers Association. 6. Maria Alejandra Barbosa (translation: Spanish) requested Council designate funds to tenant legal defense. 7. Boris Gresely provided comments regarding Agenda item No. 32. 8. Jannah provided comments regarding Assembly Bill 2011 and Senate Bill 6. 9. Dale Helvig spoke in support of Agenda Item No 32 and 32A. 10. John Ramirez spoke regarding the School Crossing Guard Program. 11. Mario Alvarado thanked the Council for their leadership. 12. Juliana Musheyeu spoke in support of Assembly Bill 2011 and Senate Bill 6. 13. Danny Vega thanked Mayor Amezcua for her hard work and leadership. 14. Nellie LeGaspie spoke regarding the June 17, 2023 Juneteenth Festival. 15. Mia Verdin spoke regarding the recall election efforts against Mayor Pro Tem Lopez. 16. Fernando Delgado spoke regarding recall election efforts against Mayor Pro Tem Lopez. 17. Miguel Angel Vazquez (translation: Spanish) congratulated Mayor Amezcua for being the first female mayor and spoke regarding the female empowerment group Grupo Versage. 18. Karla Rosales spoke regarding Grupo Versage and requested funding and assistance to obtain a permanent meeting space. 19. Madison Romero spoke of her membership in Grupo Versage and requested funding to obtain a permanent meeting space. 20. Sue Pallack advocated for Sean who is a resident of the Carnegie Shelter and the transportation hardships he is experiencing. 21. Ray Diaz provided comments in support of Mayor Pro Tem Lopez and in opposition to the recall efforts against her. 22. Irma Jauregui thanked Mayor Amezcua for her hard work and leadership. 23. Martha Rivera spoke in appreciation of Mayor Amezcua and her contributions to the City. 24. Ana Laura Padilla spoke in appreciation of Mayor Amezcua's dedication and hard work. CITY COUNCIL 5 June 20, 2023 25. Selica Diaz thanked Mayor Amezcua and City staff for their hard work and requested staff reopen the digital library located inside of the Roosevelt Walker Community Center. 26. Ginette Sanchez thanked Mayor Amezcua for her community outreach efforts and spoke regarding business disruption in downtown. 27. Araceli Cazales thanked Mayor Amezcua for her hard work. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 30. MINUTES: At 7: 57 P.M., Councilmember Hernandez requested a brief comment on Agenda Item No. 8 and recorded a No vote on Agenda Item No. 25. Councilmember Phan requested a brief comment on Agenda Item No. 8 and recused herself from Agenda Item Nos. 19 and 21 as the listed entities are clients of her employer, Rutan and Tucker. Councilmember Bacerra pulled Agenda Item Nos. 15 and 23 for separate discussion and consideration. Mayor Pro Tem Lopez recorded a No vote on Agenda Item No. 25. Councilmember Penaloza requested a brief comment on Agenda Item No. 8. Councilmember Vazquez recorded a No vote on Agenda Item No. 25. MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 5 through 30 with the exception of Agenda Item Nos. 95 and 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass CITY COUNCIL 6 June 20, 2023 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Appoint Claudio Gallegos Nominated by Councilmember Penaloza as the Ward 6 Representative to the Community Development Commission for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Claudio Gallegos to the Community Development Commission as the Ward 6 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Claudio Gallegos. 7. Local Area Subsequent Designation and Local Board Recertification Program Year (PY) 2023-25 Department(s): Community Development Agency Recommended Action: Authorize the Mayor to sign the Program Year (PY) 2023-25 Subsequent Local Area Designation and Local Board Recertification application and direct staff to submit to the California Workforce Development Board (Agreement No. 2023-125). 8. Receive and File Update on Prentice Park Deed and Zoo Master Plan Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file. MINUTES: Councilmember Phan thanked the Parks, Recreation, and Community Services staff for all of their hard work. Mayor Pro Tem Lopez thanked the Parks, Recreation, and Community Services staff for all of their hard work. Councilmember Vazquez thanked the Parks, Recreation, and Community Services staff for all of their hard work. Councilmember Bacerra thanked staff for working with the Prentice Family to ensure a mutual agreement. Mayor Amezcua spoke in appreciation of the Santa Ana Zoo and the different exhibits. Parks, Recreation, and Community Services Director Hawk Scott and Deputy Director Ethan Fischer thanked Council for their support and spoke regarding upcoming zoo events. CITY COUNCIL 7 June 20, 2023 9. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2022-02, County Tract Map No. 19178 (1814 and 1818 East First Street) (Applicant: Brandywine Acquisition Group, LLC) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2022-02, County Tract No. 19178. 10. Receive and File the Certification of Approval by City Engineer of the Final Tract Map 2019-02, County Tract Map No. 19064 (301 and 305 North Mountain View Street) (Applicant: Olympia Capital Corporation) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02, County Tract No. 19064. 11.Approve Budget Reallocation of Unspent Capital Improvement Funds in the Amount of $68,980 to the ADA Transition Plan (Project No. 23-6069) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the reallocation of unspent capital improvement funds in the amount of $68,980 from the Council Chambers Entry Doors and Floor Modifications Project (No. 17-0151) to the ADA Transition Plan (Project No. 23-6069). 12.Award a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial Diesel Generator Set for the City's Corporate Yard (Specification 23-093) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time award and payment of Purchase Order to Cummins, Inc. for the procurement of a commercial diesel generator set in the amount of $376,500, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Award a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F-550 Valve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23-074) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Transwest Truck Center, LLC for three Ford Super Duty F-550 Valve Trucks, in the amount of $673,275, plus a contingency amount of $16,725, for a total amount not to exceed $690,000, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 8 June 20, 2023 14.Award Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to Exceed $100,000 (Specification No. 23-079) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award an aggregate blanket order contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. for on -call towing services for City vehicles for a one-year term beginning July 1, 2023, and expiring June 30, 2024, with provisions for four one-year renewal options, in an annual aggregate amount of $100,000, with a total aggregate contract amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney. 15.Award a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project No. 22-6988)(Project No. 23-6482) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $250,000 of funding in the General Fund for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project. 2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from South City Limits to McFadden Improvement (No. 20-6961) Project to construction funds for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project (No. 22-6988) to complete the project funding requirement. 3. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,014,055, for construction of the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project, for the term beginning June 20, 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,417,000, which includes $2,014,055 for the construction contract, $201,406 for contract administration, inspection and testing, and a $201,539 project contingency for unanticipated or unforeseen work. 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-57 was filed for the project. CITY COUNCIL 9 June 20, 2023 MINUTES: Councilmember Bacerra moved to amend the allocation for any unspent funds to resurface MacArthur Place. Councilmember Penaloza thanked staff for inspecting the work being performed by the contractor. MOTION: Councilmember Bacerra moved to approve Item No. 15 as amended to allocate any unspent funds to resurface MacArthur Place, seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 6-1 — Pass 16.Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 23-6033) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades. 2. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $863,899, which includes $597,000 for the construction contract, $117,649 for contract administration, inspection and testing, and a $149,250 project contingency for unanticipated or unforeseen work. CITY COUNCIL 10 June 20, 2023 17.Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations for a Three -Year Term (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with J Smith & T Mull, Inc. to provide aquatic engineering services for Thornton Park Lake renovations in the amount of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000, for a three-year term beginning June 20, 2023 and ending June 19, 2026, with an option for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-115). 18.Approve an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master Plan for an Amount Not to Exceed $640,475, for up to a Four -Year Tenn (General Fund) Department(s): Public Works Agency Recommended Action: 1.Authorize budget reallocation of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 23-6030) to the Street Lighting Master Plan. 2. Authorize the City Manager to execute a consultant agreement with Clanton & Associates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed $640,475, for a two-year term beginning June 20, 2023 and expiring June 19, 2025, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-116). 19. Memorandum of Understanding with the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. 2023-117). CITY COUNCIL 11 June 20, 2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 - Pass 20.Approve an Agreement with the Orange County Children's Therapeutic Arts Center for a Total Amount not to exceed $200,000 to Serve Foster and Youth with Disabilities (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with the Orange County Children's Therapeutic Arts Center (OCCTAC) to provide services to foster and youth with disabilities, for a one-year term beginning July 1, 2023 and expiring June 30, 2024, in a total amount not to exceed $200,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-118). 21.Approve Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA 92705 (APN 430-021-02) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA, 92705, also identified as APN 430-021-02 (Property), in the amount of $12,750,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-119). 1. Approve an appropriation adjustment to recognize $1,100,000 in Opioid Settlement Funding from the State of California's Department of Health Care Services and appropriate the same amount into the Community Development Agency, Buildings and Building Improvement expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to utilize prior year fund balance in the amount of $3,753,571 to the Inclusionary Housing Fund, Buildings and Building Improvement expenditure account. (Requires five affirmative votes) CITY COUNCIL 12 June 20, 2023 MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 21 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 - Pass 22. Approve Third Amendment to Agreement with Aramark Correctional Services, LLC for an Additional Amount of $1,624,971 to Provide Inmate Meals and Commissary Management (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with Aramark Correctional Services, LLC, to provide inmate meals and commissary management for the period of July 1, 2023 through June 30, 2024 in the additional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-120). 23.Approve Agreement with LAZ Parking California, LLC for Parking Enforcement Services for the Police Department in an Amount not to Exceed $1,876,888 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a two-year agreement with LAZ Parking California, LLC for parking enforcement services, for the period of July 1, 2023 through June 30, 2025, with the option of three 1-year renewals, in an amount not to exceed $1,876,888, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-121). MINUTES: Council discussion ensued regarding LAZ Parking LLC and permit parking enforcement. CITY COUNCIL 13 June 20, 2023 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call voter AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 - Pass 24.Approve Agreements for Temporary Employee Staffing Services with AppleOne, Inc., Cathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services, Inc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a Not -to- Exceed Aggregate Amount of $2,000,000 (Specification No.23-051) (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute agreements with vendors listed below for temporary employee staffing services on an as -needed basis in an aggregate amount not -to -exceed $2,000,000, from July 1, 2023 through June 30, 2026 with the option for two (2), one (1)-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-122). AppleOne, Inc. (Torrance, CA) 2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA) 3. Helpmates Staffing (Irvine, CA) 4. Kimco Staffing Services, Inc. (Irvine, CA) 5. SoftHQ, Inc. (San Diego, CA) 6. TEC Group, Inc. (Irvine, CA) 7. The Good Job Company (La Jolla, CA) 25.Adoption of a Memorandum of Understanding ("MOU") Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association ("SAPOA") Effective January 1, 2023 through December 31, 2023, and Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn Classifications of the Santa Ana Police Management Association ("SAPMA") Department(s): Human Resources CITY COUNCIL 14 June 20, 2023 Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2023 through December 31, 2023, and authorize non -substantive changes which may be necessary to implement the agreement (Agreement No. 2023-123). 2. Adopt a resolution updating the compensation and salary schedule for sworn classifications of the SAPMA. RESOLUTION NO. 2023-032 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 4-3 by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 4 — 3 - Pass 26.Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year (FY) 2023-24 Department(s): Finance and Management Services Recommended Action: Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2023-24, as required by state law. RESOLUTION NO. 2023-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2023-2024 27.Approve Resolution for the Fiscal Year 2023-24 Senate Bill 1 Local Streets and Roads, Road Repair and Accountability Act Funding Program to Receive an Estimated Funding Amount of $7,673,409 for Capital Improvement Projects (Non - General Fund) Department(s): Public Works Agency CITY COUNCIL 15 June 20, 2023 Recommended Action: Adopt a Resolution affirming the Fiscal Year 2023-24 Senate Bill 1 projects list and anticipated Road Maintenance and Rehabilitation Account funding in the amount of $7,673,409, to be submitted to the California Transportation Commission for budgeting the Fiscal Year 2023-24 Capital Improvement Program and maintaining eligibility for Road Repair and Accountability Act funding. RESOLUTION NO.2023-034 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED FOR FISCAL YEAR 2023-24 BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 28.Adopt Resolutions to Maintain Orange County Transportation Authority's Measure M2 Funding Eligibility for Fiscal Year2023-2024 Department(s): Public Works Agency Recommended Action: 1. Adopt a Resolution affirming consistency between the City's Mobility Element and the Orange County Master Plan of Arterial Highways, concurring with the existing Transportation System Improvement Area fee program to maintain Orange County Transportation Authority Measure M2 eligibility Program funding, approximated to exceed $6.5 million dollars for Fiscal Year 2023-24. RESOLUTION NO. 2023-035 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM 2. Adopt a Resolution confirming the status and update of the City's 2023 Local Signal Synchronization Plan to maintain eligibility for Measure M2 Program funding. RESOLUTION NO.2023-036 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM 29.Adopt City Council Ordinance No. NS-3043 Appropriating Monies to the Several Offices, Agencies and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2023 First reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on June 9, 2023. Department(s): Finance and Management Services Recommended Action: Approve the second reading and adopt Ordinance No. NS- 3043 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 2023-24 (FY23-24), which begins on July 1, 2023 and ends on June 30, 2024. CITY COUNCIL 16 June 20, 2023 ORDINANCE NO. NS- 3043 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2023 302oning Ordinance Amendment No. 2023-01: Amendment to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies First reading at the June 6, 2023 City Council meeting, approved by a vote of 6-0-1 (Hernandez absent). Published in the Orange County Reporter on June 9, 2023. Department(s): Planning and Building Agency Recommended Action: Conduct a second reading and adopt Zoning Ordinance Amendment No. 2023-01 amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) related to increasing the Conditional Use Permit (CUP) separation requirement of noxious uses from sensitive receptors, updating massage establishment regulations, establishing a CUP suspension process, and other edits to address internal inconsistencies. ORDINANCE NO. NS-3044 entitled ZONING ORDINANCE AMENDMENT NO. 2023-01 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NON- SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) 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 and it is not a "project," as defined in Section 15378 of the CEQA Guidelines). **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item Nos. 32 and 32-A prior to Item No. 31. CITY COUNCIL 17 June 20, 2023 32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels 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 (continued from City Council meeting of May 16, 2023, Item No. 28) Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and RESOLUTION NO. 2023-037 entitled A RESOLUTION OF THE CITY COUNCIL 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 (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project," pursuant to Section 15378(b)(5) of the CEQA Guidelines) 2. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24. RESOLUTION NO. 2023-038 A RESOLUTION OF THE CITY COUNCIL 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) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project," pursuant to Section 15378(b)(5) of the CEQA Guidelines) 32-A. ORDINANCE NO. NS-3045 entitled AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL 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 18 June 20, 2023 ORDINANCE NO. NS-3046 entitled AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL 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 ORDINANCE NO. NS-3047 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL 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 (first reading) ORDINANCE NO. NS-3048 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL 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 (first reading) MINUTES: Planning and Building Director Minh Thai provided a brief presentation. City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda to include urgency and regular ordinances for City Council's consideration related to the exemption of certain parcels from the requirements of Assembly Bill 2011 and Senate Bill 6. MOTION: Councilmember Penaloza moved to approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra. Councilmember Vazquez inquired about sunsetting the ordinances. Mayor Pro Tem Lopez requested to publish a map that indicates the location of the new AB2011 parcels. Planning and Building Director Minh Thai clarified that a map identifying the new AB2011 parcels has already been drafted by staff and will be provided to the public. Councilmember Bacerra provided comments on the California Department of Housing and Community Development. Mayor Amezcua spoke regarding the City exceeding the Regional Housing Needs Allocation (RHNA) by two thousand four hundred percent (240091o). MOTION: Councilmember Penaloza moved to approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra. CITY COUNCIL 19 June 20, 2023 The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER PHAN ABSTAIN: NONE ABSENT: NONE Status: 6-1 -Pass 31. Implement a Volunteer School Crossing Guard Program and Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount Not to Exceed $5,343,125 for Up to a Five Year Term (General Fund) Department(s): Public Works Agency Recommended Action: 1. Direct staff to work cooperatively with school districts to implement a volunteer crossing guard program and establish a crossing guard training program. 2. Direct staff to formally notify the School Districts of the phasing out of contracted crossing guard program beginning school year 2023-2024. 3. 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 $5,343,125 for a three-year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-124). MINUTES: City Manager Kristine Ridge provided a brief history of the item. MOTION: Councilmember Hernandez moved to approve Option No. 3, seconded by Councilmember Vazquez. Councilmember Penaloza requested charter schools be included in the agreement. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve Item No. 31 as amended to expand the crossing guard program to charter schools, seconded by Mayor Amezcua. Mayor Amezcua spoke of the disparity between the City's budget and Santa Ana Unified School District's (SAUSD) budget. Councilmember Vazquez provided comments on the City's Safe Routes to School program. SUBSTITUTE MOTION: Mayor Pro Tern Lopez moved to approve Item No. 31 as presented, seconded by Councilmember Penaloza. Councilmember Penaloza rescinded his substitute motion. CITY COUNCIL 20 June 20, 2023 Councilmember Phan spoke in support of the item but noted the importance that SAUSD provide funding as well. City Attomey Carvalho spoke regarding Municipal Code Section 36-121. SECOND SUBSTITUE MOTION: Mayor Amezcua moved to approve Item No. 31 as amended to expand the crossing guard program to eight (8) charter schools, seconded by Councilmember Hernandez. The second substitute motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 5-2 - Pass 32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels 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 (continued from City Council meeting of May 16, 2023, Item No. 28) Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL 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 (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project," pursuant to Section 15378(b)(5) of the CEQA Guidelines) a. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24. RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND CITY COUNCIL 21 June 20, 2023 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) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project," pursuant to Section 15378(b)(5) of the CEQA Guidelines) MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 32 prior to Item No. 31.(see Page No. 18) 33.Adoption of Ordinance for the Addition of two Positions for Residents Aged 55 Years and Older on the Parks, Recreation, and Community Services Commission Department(s): Parks, Recreation, and Community Services Recommended Action: Conduct first reading of an ordinance to amend the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2-333 to add two positions for residents aged 55 years and older on the Parks, Recreation, and Community Services Commission. ORDINANCE NO. NS-3049 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2-333 RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (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). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 33, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 - Pass **END OF BUSINESS CALENDAR** CITY COUNCIL 22 June 20, 2023 CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that the City had been named a Tree City USA 2022, receiving this title for the 241h consecutive year. COUNCIL COMMENTS A61234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Council Member Vazquez addressed school safety, Juneteenth, and Pride. Mayor Pro Tem Lopez commented on Juneteenth and announced her office hours at Morrison Park on Sunday, June 25, 10.00 A.M. — 11:00 A.M. Councilmember Penaloza acknowledged Housing staff and announced a neighborhood cleanup in Morrison Park on Saturday, June 24, 8:00 A.M. — 12:00 P.M. Councilmember Hernandez addressed public comments, staff, and Juneteenth. Councilmember Bacerra announced his office hours on Saturday, July 1 at 10:00 A.M. at Upton All Access Park, reported that Charter Section 408 addresses City Council interference in administrative matters, and wished everyone a happy July Fourth. Councilmember Phan announced the Vietnamese first-time homebuyer event on July 15 at Salgado and the Vietnamese Business Forum on July 13 at the Doubletree Hotel. She wished everyone a happy Fourth of July and wished her husband a happy seventh anniversary. Mayor Amezcua wished Councilmember Phan and her husband a happy anniversary and a happy Fourth of July to all, further announcing a $1,000 fine for illegal fireworks. She thanked staff for recent park openings and security staffing, announced the many programs and events available to residents in the Cultura magazine, requested an update to a mural to add a name, encouraged everyone to support local restaurants and businesses, and requested information about the name and location of the Fiestas Patrias. ADJOURNMENT— Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 9:39 P.M. Respectfully submitted; t� ennifer L al , MC Ci rk CITY COUNCIL 23 June 20, 2023