HomeMy WebLinkAbout2023-04-04 Special and RegularMinutes of the Special Closed Session
and Regular Meeting of the City Council
City of Santa Ana, California
April 04, 2023
SPECIAL CLOSED SESSION MEETING - 4:30 PM
REGULAR OPEN MEETING - 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701
SPECIAL CLOSED SESSION
CALL TO ORDER
MINUTES:
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tern Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer Hall
ROLL CALL
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:40
P. M.
City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and
CITY COUNCIL 1 April 04, 2023
Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers
Bacerra and Hernandez joined the meeting during Closed Session.
ADDITION SIDELETIONS TO CLOSED SESSION
MINUTES: None
PUBLIC COMMENTS — Members of the public may address the City Council on
Closed Session items.
MINUTES: No public comments were received regarding Closed Session items.
RECESS — City Council will recess to Closed Session for the purpose of conducting
regular City business.
MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41
P.M.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govemment 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:
A. In re National Prescription Opiate Litigation, United States District Court
(Northern District of Ohio), Case No. 1:17-and-02804
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7: 98
P.M.
CITY COUNCIL 2 April 04, 2023
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from
Closed Session.
MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable
action from Closed Session.
ADJOURNMENT — Adjourn the Special Closed Session meeting.
MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7: 1 8
P.M,
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7: 18
P.M.
ATTENDANCE Council Members 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 Hall
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
WORDS OF INSPIRATION
Mike Garcia, Community Development Director
Pastor S. Anthony Simon
CITY COUNCIL 3 April 04,
ADDITIONSIDELETIONS TO THE AGENDA
MINUTES: Mayor Amezcua announced that the Housing Authority Meeting and Public
Hearing were canceled and would be heard at a later date.
City Clerk Jennifer L. Hall announced that Item No. 13 was removed from the Consent
Calendar at the request of staff and would return for Council's consideration on May 2,
2023.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Amezcua to OneLegacy declaring April as
DMVIDonate Life Month.
2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years
of Outstanding Contributions to the Community.
3. Proclamation presented by Councilmember Hernandez and Councilmember
Vazquez to Latino Health Access declaring April as National Child Abuse
Prevention Month.
4. Certificates of Recognition presented by Councilmember Bacerra to Orange County
Fire Authority and Santa Ana Police Department Dispatchers in Honor of National
Public Safety Telecom municators Week.
STAFF PRESENTATIONS
5. Presentation from the Arts and Culture Commission
MINUTES: Community Development Director Mike Garcia introduced Robin McNair,
Arts and Culture Commission Chairperson, who provided a brief presentation on the
history and work of the Arts and Culture Commission.
Councilmember Hernandez thanked the Arts and Culture Commission and his
colleagues for their help in establishing the Graffiti Arts and Mural Restoration Projects.
Councilmember Bacerra thanked the Arts and Culture Commissioners for their hard
work and dedication.
Councilmember Penaloza thanked Ms. McNair for her presentation, inquired about the
required surveys, and offered his assistance.
Mayor Pro Tem Lopez extended an invitation to the Commission to present
recommendations in preparation for the new budget cycle.
Councilmember Vazquez thanked the Arts and Culture Commissioners for their hard
work and seconded Mayor Pro Tem Lopez's invitation.
CITY COUNCIL 4 April 04, 2023
Councilmember Phan inquired about the Little Saigon and Historic Chinatown placards.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting
for ALL comments on agenda and non -agenda items, with the exception of public
hearings. Comments for public hearings will take place after the hearing is opened.
MINUTES: At 8.12 P.M., Public Comments were heard.
The following speaker addressed Council via teleconference:
1. Victor Mendez spoke regarding the homelessness and drug issues plaguing
his neighborhood and made a comment on the proposed appointment of
Fernando Delgado to the Police Oversight Commission.
City Clerk Jennifer L. Hall reported the summary of email comments received: one (1)
comment in support of Agenda Item No. 28 and three (3) non -agenda comments.
The following speakers addressed Council in -person:
2. Stephen Hart spoke regarding the Riverview Golf Course and the positive
impact he believes it has on the community.
3. Richard Garcia provided comments on the Riverview Golf Course.
4. Peyton Garcia spoke regarding the Riverview Golf Course and how attending
the course has positively impacted his life.
5. Stan Fear spoke regarding the community surrounding the Riverview Golf
Course.
6. Sue Pallack spoke regarding the Police Athletic Activities League (PAAL).
7. Charlie Andres spoke in opposition to the conversion of the Riverview Golf
Course into a city park.
8. Gabriel Montoya spoke regarding the worker shortage in the healthcare
industry, how it will affect the residents of Santa Ana, and the need for a higher
minimum wage.
9. Ruby Vallejo spoke of her experience working in the healthcare industry and
expressed the need for higher pay in the industry.
10. Alicia Bernal (translation: Spanish) spoke in support of increasing the
healthcare worker minimum wage to $25.
CITY COUNCIL 5 April 04, 2023
11. Nellie LeGaspe spoke in support of appointing Fernando Delgado to the
Police Oversight Commission.
12. Carl Benninger provided various comments and spoke in opposition to
appointing Fernando Delgado to the Police Oversight Commission.
13. Sam Lazalde spoke in support of the appointment of Fernando Delgado to
the Police Oversight Commission.
14. Alex Montepeque (translation: Spanish) spoke of the need for a higher
minimum wage for healthcare workers.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 6 through 26.
MINUTES: At 8:50 P.M., the Consent Calendar was considered.
Councilmember Phan recused herself from Agenda Item No. 18, as the listed party is a
client of her employer Rutan & Tucker.
Councilmember Hernandez pulled Item Nos. 12, 14, and 21 for separate discussion
and consideration.
MOTION: Councilmember Bacerra moved to approve staff recommendations on
the following Consent Calendar Items: 5 through 26 with the exception of
Agenda Item Nos. 12, 13, 14, and 21, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: 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
6. Excused Absences
Department(s): City Clerk's Office
Recommended Action: Excuse the absent members.
CITY COUNCIL 6 April 04, 2023
7. Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4
Representative to the Youth Commission for a Full -Term Expiring December 8, 2026
Department(s): City Clerk's Office
Recommended Action: Appoint Nicholas Ortiz to the Youth Commission as the Ward
4 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326 (a)
requires five affirmative votes)
MINUTES: City Clerk Jennifer L. Nall administered the Oath of Office to Nicholas
Ortiz.
8. Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for
LED Sports Lighting with Related Supplies and Services (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one-time purchase order to Musco Sports
Lighting, LLC for the purchase of LED sports lighting, control and monitoring system,
and installation services for the George Upton All Access Playground and basketball
courts at Thornton Park in the amount of $177,918, with a contingency of $17,792, for a
total amount not to exceed $195,710, subject to non -substantive changes approved by
the City Manager and the City Attorney,
9. Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed
$274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center
(General Fund)
Department(s): Police Department
Recommended Action: 1. Award a one-time purchase and payment to Acco
Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system
at the Santa Ana Police Athletic and Activity League Center, in the amount of
$249,888, plus a 10-percent contingency of $24,989, for a total amount not to exceed
$274,877, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program
to include the Santa Ana Police Athletic and Activity League Center HVAC System
Replacement project.
10. Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800
MHz Communications System Equipment (Specification No. 23-048) (General and
Non -General Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for
CITY COUNCIL 7 April 04, 2023
Motorola 800 MHz communications system equipment for a 14-month period expiring
June 30, 2024 in an amount not to exceed $471,570, subject to non- substantive
changes approved by the City Manager and City Attomey.
11. Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for
the Salgado Community Center Improvements Project FY 2022-23 Project with an
Estimated Project Delivery Cost of $1,550,625 (Project No. 22-1377) (General Fund)
(Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to AME Builders Inc., the
lowest responsible bidder, in accordance with the base bid in the amount of
$1,240,500, for construction of the Salgado Community Center Improvements FY
2022-23, for the term beginning September 1, 2023 and ending December 31, 2023,
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 an amendment to the Fiscal Year 2022-23 Capital Improvement Program
to include $1,387,759 in Revive funding for the Salgado Community Center
Renovations Project. (Project No. 22-1377)
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,550,625, which includes $1,240,500 for the construction contract, $186,075 for
contract administration, inspection and testing, and a $124,050 project contingency
for unanticipated or unforeseen work.
4. Determine these actions are exempt from further review in accordance with the
California Environmental Quality Act as Categorical Exemption Environmental Review
No. ER-2022-34 was filed for the project.
12. Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000
for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park
Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 22-1348,
22-1349, 22-1350, & 22-1412) (Non -General Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a construction
contract with MMC, Inc. to provide Design -Build services for demolition of existing
restroom buildings, installation of new, pre -fabricated buildings, and associated site
and utility work in the amount of $2,870,000, with a contingency of $287,000, for a
three-year period from April 5, 2023 to April 4, 2026, with an option for two, one-year
extensions, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program
for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms
Project to be funded from American Rescue Plan Act (ARPA) funds.
CITY COUNCIL 8 April 04, 2023
3. Determine the recommended actions are exempt from further review in accordance
with the California Environmental Quality Act as Categorical Exemption Environmental
Review No. ER-2023-28 was filed for this project.
MINUTES: Councilmember Hernandez spoke in support of the item and announced
that the new restroom would be built at Angels Park located in Ward 5.
Councilmember Penaloza requested the restroom be located closer to the street
Mayor Pro Tem Lopez thanked staff for all of their hard work and stated that she
hoped the restrooms are built in a timely manner so staff may begin work on the next
set of park restrooms.
Councilmember Phan spoke in support of the item and noted that the current park
improvements are the most the most extensive upgrades in years.
MOTION: Councilmember Penaloza moved to approve staff recommendations on
Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez.
The motion carried, 7-0, by the following roll call vote:
AYES:
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
13. Grant an Easement to Southern California Edison to Allow Underground Power to
Serve Traffic Signal (Non -General 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.
MINUTES: Item No. 13 removed from the Consent Calendar by staff,- no action taken.
14. Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of
$750,000 for the Full Property Acquisition for the Real Property Located at 843 N.
Garnsey Street (APN 005-142-02) for the 10th and Flower Park Project (Revive Santa
Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a purchase
CITY COUNCIL 9 April 04, 2023
agreement with property owner Gamsey Corp, for the full property acquisition for the
real property located at 843 N. Garnsey Street, also identified as APN 005-142-02,
(Property) in the amount of $750,000, subject to non -substantive changes approved by
the City Manager and City Attorney (Agreement No. 2023-058).
MINUTES: Councilmember Hernandez announced that the approval of the property
acquisition would result in a new park in the Willard community and expressed
support for the item.
MOTION: Councilmember Penaloza moved to approve staff recommendations on
Item Nos. 12 and 14, seconded by Mayor Pro Tern Lopez.
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
15. Approve an Agreement with Merritt Studio in a total agreement amount not to exceed
$145,000 to provide Graphic Design Services for the Cultura Publication and
Additional Design Services as Needed (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Merritt Studio, LLC to provide graphic design services for the Cultura publication and
additional design services as needed, for a three-year term beginning on April 4,
2023 through April 3, 2026 with options for two one-year extensions, and a total
agreement amount not to exceed $145,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2023-049).
16. Amend Agreement with Landscape West Management Services, Inc. to Increase the
Contract Amount by $2,300,000 for Right -of -Way and Median Landscape Maintenance
Services (Project No. 22-1309) (General Fund and Non -General Fund) (Revive Santa
Ana Program)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the seventh
amendment to the agreement for the second renewal option with Landscape West
Management Services, Inc. for Right -of -Way and Median Landscape Maintenance
Services to increase the contract amount by $2,300,000 for a total agreement amount
COUNCIL 10 April 04, 2023
not to exceed $8,222,000 for the remaining term of the agreement ending on June 30,
2025, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2023-050).
17. Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates,
Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water
Improvements Projects by an additional $900,000 for the remainder of the Agreement
Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to
the agreement with Berg & Associates, Inc. for Construction Engineering Services for
the SR-551Ritchey Street Water Improvements Projects to increase the compensation
amount by $900,000, which includes a $780,000 increase to the base amount and a
$120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of
the term of the agreement, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2023-051).
2. Approve an appropriation adjustment to recognize an additional $900,000 in the
Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-
OCTA revenue account and appropriate the same amount into the Acquisition &
Construction, Water Utility Capital Projects, Water Capital Project expenditure account.
(Requires five affirmative votes)
18. Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and
Engineering Services by an additional $50,000 for the remainder of the Agreement
Term (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a First Amendment to
the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system
modeling and engineering services to increase the amount by $50,000, for a
total not -to -exceed amount of $200,000 for the remainder of the term of the agreement,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2023-052).
MOTION: Councilmember Bacerra moved to approve the recommended action
for Item No. 18 as part of the Consent Calendar, seconded by Councilmember
Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
CITY COUNCIL 1 April 04, 2023
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
19. Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC
Environmental for On -Call Engineering Design Services for PFAS Treatment Systems
in an Aggregate Amount Not to Exceed $3,000,000 for up to a Five -Year Term (Non -
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Tetra
Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on -call
engineering design services for PFAS treatment systems, for a shared aggregate
amount not to exceed $3,000,000, for a three-year term beginning April 4, 2023 and
expiring April 3, 2026, with provisions for two, one-year extensions, subject to
non -substantive changes approved by the City Manager and City Attorney (Core
Agreement No. 2023-053).
20. Approve a Lease Agreement with Senate Rules Committee, California Legislature for
Office Space at the Santa Ana Regional Transportation Center for a Four-year Term for
a Total Amount of $300,082
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a site lease
agreement with Senate Rules Committee, California Legislature to compensate the
City $6,400 per month, with any partial month prorated at $206 per day, for the lease of
3,200 square feet of office space located at the Santa Ana Regional Transportation
Center for a four-year term beginning on April 4, 2023 and ending February 28, 2027,
for a total of $300,082 in lease revenue for the entire term of the agreement, subject to
non -substantive changes approved by the City Manager and City Attorney (Agreement
No. 2023-054),
21, Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant
Project and Fiscal Coordinator Services (Non -General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a three-year
professional services agreement with SenseMakers LLC for an on -site project and
fiscal grant management coordinator services, for the period beginning June 1, 2023
through May 31, 2026, with a fourth- and fifth -year option in an amount not to exceed
CITY COUNCIL 12 April 04, 2023
$896,370, subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. 2023-059).
MINUTES: Councilmember Hernandez requested Police Chief David Valentin provide
a brief overview of the item and what the UASI grant entails. He also expressed
concern about having the City of Santa Ana partner with the Anaheim Police
Department.
Police Chief David Valentin provided a brief history of the UASI Grant and the services
the grant provides.
Chief Assistant City Attorney Laura Rossini reminded the Council that Item No. 21 is
solely for the proposed agreement with SenseMakers LLC.
MOTION: Councilmember Penaloza moved to approve the staff recommendation
on Item No 21, seconded by Councilmember Bacerra.
The motion carried, 6-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 6 —1 — Pass
22. Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a
Three -Year Term and Two One -Year Renewal Periods
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with
PetData, Inc. for animal licensing services for a three-year period, from April 4, 2023
through April 3, 2026, with two one-year extension periods, subject to non -substantive
changes approved by the City Manager and City Attorney; there is a one-time start-up
fee of $1,000 and an ongoing fee of $4.30 for each one-year license processed
(Agreement No. 2023-055).
23. Adopt a Resolution Approving the Construction Installment Sale Agreement with the
California State Water Resources Control Board for Financing of the Septic to Sewer
Island Project (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023-015
CITY COUNCIL 13 April 04, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION
WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND
AUTHORIZING CERTAIN OTHER RELATED ACTIONS (in an amount up to
$1,529,220)
24. Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for
Santiago Park Trail and Habitat Restoration Plan (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL
CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT
RESTORATION PLAN (in the amount of $400,000)
25. Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real
Property at 206 and 208 South Flower Street
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW
WATER WELL SITE (206 AND 208 SOUTH FLOWER STREET)
26. Fiscal Year 2022-23 Mid -Year Appropriation Requests
Department(s): Finance and Management Services
Recommended Action: Approve the recommended Appropriation Adjustments.
(Requires five affirmative votes)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
MINUTES: At 9:07 P.M., the Business Calendar was considered.
27. Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood
Protection Agency (SARFPA), the Southern California Association of Governments
(SCAG), and the Orange County Council of Governments (OCCOG)
Department(s): City Clerk's Office
CITY COUNCIL 14 April 04, 2023
Recommended Action:
1. Nominate and appoint a representative and alternate to the Santa Ana River
Flood Protection Agency (SARFPA).
2. Nominate and appoint a representative to the Southern California Association of
Governments (SLAG) and the Orange County Council of Governments (OCCOG)
and nominate and appoint an alternate to OCCOG.
3. Nominate and appoint an alternate for purposes of the SCAG Regional
Conference and General Assembly Business Meeting only.
4. Direct the City Clerk to update and post the Fair Political Practices Commission
(FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's
website.
MOTION:
1. Councilmember Vazquez moved to nominate himself as the representative
for (SARFPA) and Director of Public Works Nabil Saba as the alternate,
seconded by Councilmember Penaloza,
2. Councilmember Bacerra moved to nominate Mayor Amezcua as the
representative and (Mayor Pro Tem as the alternate to (SCAG), seconded by
Councilmember Phan.
3. Direct the City Clerk to update and post the Fair Political Practices Commission
(FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's
website.
MOTION: Above -stated motions for appointments, including direction to staff.
The motions 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
28. Hear From and Consider Appointing Fernando Delgado Nominated by
Councilmember Hernandez as the Ward 5 Representative to the Police Oversight
Commission for a Full -Term Expiring December 10, 2024
Department(s): City Clerk Office
Recommended Action:
1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight
Commission, Ward 5 Representative.
2. Consider appointing Fernando Delgado to the Police Oversight Commission as
CITY COUNCIL 15 April 04, 2023
the Ward 5 representative, and if appointed, administer the Oath of Office. (Requires
five affirmative votes.)
MINUTES: Fernando Delgado thanked the Council for considering the item and
allowing him to speak. He spoke of his willingness and desire to serve on the
Police Oversight Commission and how he believes the commission would benefit
from his experience and diversity.
Councilmember Vazquez inquired about the nominee's qualifications.
Mayor Pro Tern Lopez spoke of her initial proposed requirements for members of
the commission.
Councilmember Phan inquired with the nominee about his ability to remain
impartial and his social media presence.
Mr. Delgado stated that his social media is not indicative of his true character and
he is continually learning and attempting to better himself.
Councilmember Bacerra spoke of his opposition to the item and asked the
nominee about two social media posts, which Councilmember Bacerra previously
shared with the public and staff, to which Mr. Delgado responded.
Councilmember Hernandez inquired with the nominee about his ability to remain
impartial and his background in civil rights.
Mr. Delgado spoke of his experience during the 2020 civil unrest and the
perspective he gained.
Councilmember Phan spoke regarding political differences, Santa Ana being the
home to the first Vietnamese refugees of the Vietnam War, and her concern with
the nominee's biases.
Councilmember Hernandez spoke of his concern with bias and the First
Amendment and moved to approve the nomination.
Councilmember Bacerra spoke of differences of opinion and the need to be
analytical of all nominees.
Mayor Amezcua thanked the nominee for his attendance and inquired if he had
ever participated in a police ride -along. She also inquired with Chief Assistant City
Attorney Laura Rossini if the nominee's appointment would result in any liability to
the City.
CITY COUNCIL 16 April 04, 2023
Chief Assistant City Attorney Rossini stated that the Police Oversight Commission
would not make final determinations, but rather make recommendations.
MOTION: Councilmember Hernandez moved to appoint Fernando Delgado to the
Police Oversight Commission as the Ward 5 representative, seconded by
Councilmember Vazquez.
The motion failed, 3- 4, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA
ABSTAIN: NONE
ABSENT: NONE
Status: 3 — 4 — Fail
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29, Discuss and Direct the City Manager to Direct Staff to Implement a Temporary
Promotion Freeze for Police Management Until at Least 90 Percent of the Current
Vacant Police Officer Positions are Filled — Mayor Amezcua
MINUTES: Mayor Amezcua provided a brief background and summary of the item.
Councilmember Penaloza clarified that the item is a discussion item and spoke only in
support of staff returning with data regarding vacancies and patrol -to -commander ratios,
prior to supporting the item.
Councilmember Vazquez provided comments on the current vacancies.
Mayor Pro Tem Lopez provided comments and spoke in opposition to the item.
Councilmember Hernandez provided comments.
City Manager Kristine Ridge recommended refraining from implementing a promotion
freeze.
Councilmember Bacerra spoke of his hesitation to support the item but expressed his
willingness to try different approaches to ensure vacancies are filled.
17 April 04, 2023
Councilmember Phan provided comments and spoke in opposition to the item.
Police Chief David Valentin provided comments and responded to Council inquiries.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that the Parks and Recreation
Department would be hosting the "Egg-Cellent Adventure" event on Saturday April 8,
2023 at Centennial Park.
COUNCILCOMMENTS
A131234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board
or commission meeting or any conference, meeting or event attended.
1 March 31 — April 1, 2023 Mayor Pro Tern Lopez — WELL 11 th Annual Statewide
Conference in Van Nuys, CA
MINUTES:
Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked
Senator Umberg for his work related to Senate Bill 44 and Senator Sandra Nguyen for
her work related to Senate Bill 62. He wished everyone a happy National Public Safety
Telecommunicators Week and a good night.
Councilmember Hernandez thanked everyone who provided comments during the
meeting and thanked Councilmember Bacerra for shedding light on the importance of
Senate Bill 44 and the dangers or fentanyl.
Councilmember Vazquez provided comments on crime reduction and wished everyone a
good night.
Councilmember Phan thanked everyone who participated in the meeting, spoke of her
recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event
geared at educating the public on the recent food stamp and benefit changes. She also
announced she is partnering with several nonprofits to host two free legal clinics in Ward
1 at the Newhope Library on April 4, 2023, and April 22, 2023.
Mayor Pro Tem Lopez reported herAB 1234 disclosure: March 31—April 1, 2023 WELL
I Ith Annual Statewide Conference in Van Nuys, CA. She wished Sammy a Happy 2nd
Birthday, spoke of her experience touring the Diemer Plant, thanked healthcare workers
for their work, and wished everyone a good night.
CITY COUNCIL 18 April 04, 2023
Councilmember Penaloza spoke regarding the OC Street Car construction, the "Mujeres
Migrantes en Progeso" reunification event, the Santa Ana Police Department Awards
ceremony, and wished everyone a Happy Easter.
Mayor Amezcua wished all those who observe the holiday a Happy Easter, spoke
regarding the OC Street Car construction business disruption, and requested an update
on the Joint School Collaboration Subcommittee. She announced that her next Coffee
with the Mayor event would be on April 15, 2023 at El Salvador Park.
ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority
meeting.
MINUTES: Mayor Amezcua adjourned the meeting at 11:12 P.M.
Respectfully Submitted,
Jenn' all,
City Clerk
CITY COUNCIL 19 April 04, 2023