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HomeMy WebLinkAboutItem 04 - Minutes from the Regular Meeting of July 18, 2023CITY COUNCIL 1 July 18, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California July 18, 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 5:10 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 MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 5:13 P.M. and Mayor Pro Tem Lopez joined the meeting during Closed Session. CITY COUNCIL 2 July 18, 2023 ADDITIONS\DELETIONS TO CLOSED SESSION City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda regarding two matters 1. Conference with Legal Counsel regarding anticipated litigation concerning the urgency ordinance related to Assembly Bill 2011 exemptions. 2. Existing administrative matter concerning the Santa Ana Police Officers Association vs. City of Santa Ana regarding an unfair practice charge. MOTION: Councilmember Bacerra moved to add the two items to the Closed Session Agenda, seconded by Councilmember Phan. The motion carried, 5-0-0-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NONE COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ Status: 5-0 0-2- 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. 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.Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20­cv­0178 CJC (DFMx) B.Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30­2020­01131418­CU­PO­CJC C.Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30­2022­01246596­CU­PO­CJC D.Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, Orange County Superior Court, Case No. 30­2023­01330782­CU­OE­CJC E.Santa Ana Police Officers Association v. City of Santa Ana, Injunctive Relief No. 834, Unfair Practice Charge No. LA-CE-1658-M CITY COUNCIL 3 July 18, 2023 2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk 3.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case (July 17, 2023 letter from California Attorney General’s Office concerning urgency ordinance related to AB2011 exemptions) 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 5:14 P.M. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL 4 July 18, 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council Meeting at 6:41 P.M. ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (arrived at 6:45 P.M.), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Reverend Derrell Durley, Brown Temple CME ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall noted a correction to Agenda Item No. 10 which should read “Full Term expiring December 8, 2026.” CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to the Elks Lodge for Outstanding Contributions to the Community. 2. Certificates of Recognition presented by Mayor Pro Tem Lopez to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Penaloza to Ingardia Produce Inc. in Celebration of their 50­Year Anniversary. 4. Certificates of Recognition Presented By Councilmember Phan to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community. MINUTES: Mayor Amezcua presented a certificate of recognition to the Elks Lodge for Outstanding Contributions to the Community and their generous donations of ballistic vests for K9 officers. Mayor Pro Tem Lopez presented a certificate of recognition to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community and thanked them. Councilmember Penaloza presented a certificate of recognition to Ingardia Produce Inc. for their 50 year anniversary. Councilmember Phan presented certificates of recognition to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community and going above and beyond the scope of duty. CITY COUNCIL 5 July 18, 2023 STAFF PRESENTATION 5. Homelessness Update MINUTES: Homeless Services Division Manager Ken Gominsky provided a brief presentation. Councilmember Hernandez requested staff’s next presentation include information on agencies geared in assisting with substance abuse issues. Mayor Pro Tem Lopez spoke regarding the Statewide Study of People Experiencing Homelessness. Mayor Amezcua thanked Senator Umberg and Assembly Member Valencia for their assistance in securing state funding to address homelessness in the City. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported that by a unanimous vote, Council approved the following settlements for Closed Session Item No. 1. A.Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20-cv-0178 CJC (DFMx) – Settlement amount of $95,000 B.Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01131418-CU-PO-CJC - Settlement amount of $375,000 C.Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01246596-CU-PO-CJC - Settlement amount of $125,000 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 addressed public comments received regarding Item No. 33 of the June 20, 2023 agenda pertaining to crossing guards. City Clerk Jennifer L. Hall provided a brief update on the recall election certification resolution. City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non-agenda comments, two (2) comments regarding Agenda Item No. 5, one (1) comment regarding Agenda Item No. 14, one (1) comment regarding Agenda Item No. 18, five (5) comments regarding Agenda Item No. 27, one (1) comment regarding Agenda Item No. 31, four (4) comments regarding Agenda Item No. 34, and 77 comments regarding Agenda Item No. 39. The following speakers addressed Council via teleconference: 1. Bulmaro Vicente spoke in opposition to Agenda Item Nos. 34 and 39. CITY COUNCIL 6 July 18, 2023 2. Delilah Snell provided comments regarding downtown construction. 3. John Ramirez spoke in support of Agenda Item No. 39. 4. Martha, Riverview Association, spoke in support of Agenda Item No. 39. 5. Sandra Peña Sarmiento requested a new community center in the Pacific Park Community. 6. Victor Mendez thanked Parks and Recreation staff for assisting him when he suffered a medical emergency at the Juneteenth event and spoke regarding Agenda Item No. 39. 7. Victor Payan provided comments regarding the Cypress Fire Station and the proposed recall election against Mayor Pro Tem Lopez. 8. Ginnette Sanchez requested a follow up regarding the location of the Fiesta Patrias event. 9. Kelley Kraus-Lee spoke regarding Agenda Item No. 39. The following speakers addressed Council in-person: 10. Thuy Luong (translation: Vietnamese) spoke in opposition to a recall election against Councilmember Phan and the City’s code enforcement process. 11.Michelle Cisneros commented on the Personnel Board and its duties. 12.Manuel Michael Pineda spoke regarding an incident he experienced with the Orange County Sheriff's Department in 2016. 13.Colin Gawranski spoke in opposition to short term rentals in the City. 14.Linda Kveen spoke in opposition to short term rentals in the City. 15.Dale Helvig provided comments regarding the MySantaAna app, street improvements, and in support of Agenda Item Nos. 34 and 39. 16.Lorena Vidaurri spoke in support of Agenda Item Nos. 32 and 39. 17.Sue Pallack spoke regarding homelessness in the City. 18.Fred Smoller provided comments regarding the Orange County Sustainability Decathlon and requested Council’s support in funding climate change action in Orange County. 19.Danny Vega spoke in support of Agenda Item No. 39. CITY COUNCIL 7 July 18, 2023 20.Selica Diaz spoke in support of the Parks and Recreation Department and requested Council reopen the digital library located in the Roosevelt Walker Community Center. 21.Ana Padilla requested the Fiestas Patrias event be held downtown not on Flower St. 22.Claudio Bornanchini spoke in support of Agenda Item No. 39. 23.Shawn Makhani spoke regarding the hardships downtown businesses are experiencing. 24.Frida Ramirez spoke in support of Agenda Item No. 39 and commented on Agenda Item No. 14. 25.Maribel Gomez (translation: Spanish) spoke regarding hardships downtown businesses are experiencing and requested the Fiestas Patrias event be held downtown. 26.Lupe Rincon spoke in support of Agenda Item No. 39. 27.Marcela Prado requested financial assistance for downtown businesses and that the Fiestas Patrias event be held downtown. 28.Lisa Tran spoke in support of Agenda Item No. 39. 29.Chris spoke in support of Agenda Item No. 39 and commented on his experiences with homeless individuals in the City. 30.Alba Bac (translation: Spanish) requested adjustable solid waste rates for churches. 31.David Ball spoke in support of Agenda Item No. 39. 32.Zoila Lubin provided comments regarding Summer Splash Camp and in support of Agenda Item No. 39. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 35. MINUTES: At 9:16 P.M., Councilmember Vazquez pulled Agenda Item No. 13 for separate discussion and consideration and requested a brief comment on Agenda Item No. 31. Mayor Pro Tem Lopez requested a brief comment on Agenda Item No. 31. CONSENT CALENDAR CITY COUNCIL 8 July 18, 2023 Councilmember Hernandez requested a brief comment on Agenda Item Nos. 14 and 16 and pulled Agenda Item No. 31 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item Nos. 14 and 18 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker, and recorded a No vote on Agenda Item No. 34. Mayor Amezcua pulled Agenda Item Nos. 13, 14, and 31 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 35 with the exception of Agenda Item Nos. 13, 14, 18, and 31, 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: At 9:27 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 39 after approval of the Consent Calendar (see Page No. 26). 39.Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy – Councilmember Bacerra MINUTES: Councilmember Bacerra provided a summary of Agenda Item No. 39 and addressed public intoxication through detention and service offerings. Councilmember Penaloza spoke in support of Agenda Item No. 39. Councilmembers Vazquez and Hernandez spoke in opposition to Agenda Item No. 39. Councilmember Phan requested additional information regarding the implementation of Agenda Item No. 39. Mayor Pro Tem Lopez requested additional information regarding housing vouchers, rehabilitation services, mental health services, and transportation services. CITY COUNCIL 9 July 18, 2023 Mayor Amezcua spoke in support of Agenda Item No. 39. 6. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of November 15, 2022, the Regular Meeting of December 6, 2022, and the Special Meeting of December 13, 2022. Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8. Appoint Michael Chu Nominated by Councilmember Hernandez as the Ward 5 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Partial­Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Michael Chu to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 5 representative and administer the Oath of Office. MINUTES: Councilmember Hernandez administered the Oath of Office to Michael Chu. 9. Appoint Idalia Rios­Pacheco Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a Partial­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Idalia Rios-Pacheco to the Community Development Commission as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a) requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Idalia Rios-Pacheco. 10.Appoint Lorena Vidaurri Nominated by Councilmember Bacerra as the Ward 4 Representative to the Environmental and Transportation Advisory Commission for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Lorena Vidaurri to the Environmental and Transportation Advisory Commission as the Ward 4 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Lorena Vidaurri. CITY COUNCIL 10 July 18, 2023 11.Re­Appoint Various Boards and Commissions Members Nominated by Councilmember Bacerra as the Ward 4 Representatives for a Full­Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Re-appoint and administer Oaths of Office to: 1.Robyn MacNair - Arts and Culture Commission 2.Winston Covington – Community Development Commission 3.Alberta Christy – Historic Resources Commission 4.Cory Nelson – Parks, Recreation and Community Services Commission 5.Berenice Ballinas – Personnel Board 6.Nancy Lewis – Santa Ana 2018 Measure X Citizens’ Oversight Committee MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Robyn MacNair, Winston Covington, and Berenice Ballinas. 12. Receive and File Memo to the City Council from the Personnel Board Department(s): Human Resources Department Recommended Action: Receive and File Memo to the City Council from the Personnel Board. 13. Police Oversight Commission Informational Report Department(s): City Manager’s Office Recommended Action: Accept informational report. MINUTES: Council discussion ensured regarding the Police Oversight Commission informational report. Councilmember Vazquez requested an updated timeline regarding the Police Oversight Commission. Mayor Amezcua requested Council and Assistant Chief Rodriguez be provided a copy of the request for proposal. MOTION: Mayor Amezcua moved to approve staff’s recommendation on Agenda Item No. 13, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 - Pass CITY COUNCIL 11 July 18, 2023 14. Approve a pre­commitment of $2,021,319 in Homeless Housing, Assistance and Prevention funds, and eight (8) project­based vouchers for Illumination Foundation for the development of the Intergenerational Housing Project located at 918 N. Bewley Street (Contingent upon approval of Housing Authority agenda item no. 3) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a pre-commitment letter with the Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention funds and eight (8) project-based vouchers for the development of the Intergenerational Housing Project located at 918 N. Bewley Street, Santa Ana, CA 92703, (APN 198-231-10), subject to non-substantive changes approved by the City Manager and City Attorney (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15194 (Affordable Housing Exemption), as this project meets all the required criteria as a 100-percent affordable/permanent supportive housing development).(Agreement No. A­2023­133). MINUTES: Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker Councilmember Bacerra spoke in opposition to Agenda Item No. 14. Mayor Amezcua spoke in opposition to Agenda Item No. 14, requested an increase in senior housing units, community outreach regarding the proposed project, informational flyers in Vietnamese, and alternative preschool options. Community Development Director Mike Garcia and Housing Division Manager Judson Brown provided additional information regarding the proposed project and answered Council’s inquires. MOTION: Mayor Pro Tem Lopez moved to approve staff recommendations on Agenda Item No. 14, seconded by Councilmember Hernandez. SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua. SECOND SUBSTITUTE MOTION: Councilmember Penaloza moved to allow representatives from Illumination Foundation to address Council’s concerns, seconded by Mayor Pro Tem Lopez. Motion withdrawn. CITY COUNCIL 12 July 18, 2023 SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua. The substitute motion failed, 3-3-1-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER PHAN (recusal) NONE Status: 3-3-1-0 - Fail MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 14, seconded by Councilmember Hernandez. The motion carried, 4-2-1-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, MAYOR AMEZCUA COUNCILMEMBER PHAN (recusal) NONE Status: 4-2-1-0 - Pass 15. Amend the Blanket Order Contract with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. by Increasing the Annual Aggregate Amount Not to Exceed $1,500,000 for the Remainder of the Contract Term (Specification No. 20­153) (General Fund and Non­General Fund) Department(s): Public Works Agency Recommended Action: Amend the blanket purchase order contracts with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. for painting services to increase the annual amount by $1,300,000, for a revised annual aggregate amount not to exceed $1,500,000, for the remainder of the current one-year term expiring March 15, 2024, and two one-year renewal periods, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 13 July 18, 2023 16. Approve a Budget Reallocation and Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $5,204,000 for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, with an Estimated Project Delivery Cost of $6,505,000 (Project No. 20­6964) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize budget reallocation of $1,656,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Avenue Rehab, the South City Limit to Segerstrom Avenue, FY 2020-21 (No. 21-6978) Project to construction funds for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School (Project No. 20-6964). 2.Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $5,204,000, subject to change orders (not-to-exceed up to 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, for a term beginning July 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. 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,505,000, which includes $5,204,000 for the construction contract, $780,600 for contract administration, inspection and testing, and a $520,400 project contingency for unanticipated or unforeseen work. 4.Approve an amendment to the FY 2023-24 Capital Improvement Program to include $1,656,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds. 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-2020-32 was filed for the project. MINUTES: Councilmember Hernandez provided a brief comment on Agenda Item No.16. 17. Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $1,672,000 for the Residential Street Repair Program FY 22/23, with an Estimated Project Delivery Cost of $1,783,257 (Project Nos. 23­7543 and 24­6700) (Non­ General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of unspent Measure M2 funds from various projects: $9,660 from Pavement Management Project No. 21-6898, $103,895 from Pavement Management Project No. 23-6898, $142,715 from Local Street Preventative Maintenance Project No. 18-6907, and $30,000 from City Wide Sewer Trench Repair PH II Project No. 22-6901, for a total of $286,270 to the Residential Street Repair Program Project No. 24-6700, completing the project’s funding requirement. CITY COUNCIL 14 July 18, 2023 2.Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,672,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Residential Street Repair Program FY 22/23 Project, for the term beginning July 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. 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,783,257, which includes $1,672,000 for the construction contract, $32,521 for contract administration, inspection, and testing, and a $78,736 project contingency for unanticipated or unforeseen work. 4.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-20-23-70 was filed for the project. 18. Award a Construction Contract to Best Drilling and Pump, Inc. in the Amount of $2,978,524 for the Washington Well Improvements: Well Drilling (Phase 1), with an Estimated Project Delivery Cost of $3,432,274 (Project No. 19­6423) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Best Drilling and Pump Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,978,524, subject to change orders (not-to-exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public works Construction, for construction of the Washington Well Improvements: Well Drilling (Phase 1) Project, for the term beginning July 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 $3,432,274 which includes $2,978,524 for the construction contract, $100,000 for contract administration, inspection, and testing, and a $353,750 project contingency for unanticipated or unforeseen work. MINUTES: Councilmember Bacerra inquired with Public Works staff regarding an email Council received from prospective bidder, South West Pump and Drilling Inc. Director of Public Works Nabil Saba addressed Council’s concerns regarding South West Pump and Drilling Inc. CITY COUNCIL 15 July 18, 2023 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, seconded by Mayor Amezcua. 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 19. Approve an Appropriation Adjustment and Award a Construction Contract to M.S. Construction Management Group in the Amount of $428,420 for the Project W­Bus Shelter, with an Estimated Project Delivery Cost of $535,525 (Project No. 22­6999) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $282,053 in construction funds for the Project W-Bus Shelter (Project No. 22-6999). 2.Approve an appropriation adjustment recognizing $114,000 in FY 2023-24 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Selected Street Construction, State Grants-Indirect revenue account, and appropriate the same amount to Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 3.Award a construction contract to M.S. Construction Management Group, the lowest responsible bidder, in accordance with the base bid in the amount of $428,420, subject to change orders (not-to-exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the construction of the Project W-Bus Shelter, for a term beginning July 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. 4.Approve the Project Cost Analysis for a total estimated construction delivery cost of $535,525, which includes $428,420 for the construction contract, $42,842 for contract administration, inspection, and testing, and a $64,263 project contingency for unanticipated or unforeseen work. 5.Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-182 was filed for the project. CITY COUNCIL 16 July 18, 2023 20. Approve Agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in an Amount Not to Exceed $285,620 for a Three­Year Term (Project No. 15­6827) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in the amount of $259,659, with a contingency of $25,961, for a total amount not to exceed $285,620, for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023­126). 21. Approve an Agreement with Cities Digital, Inc. to Provide Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in an Amount Not to Exceed $87,340 for up to a Five­ Year Term (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Cities Digital, Inc. to provide an Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in the amount of $76,600 for services and licensing, and $10,740 in contingency funds, for a total amount not to exceed $87,340 for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for two one-year extensions, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023­127). 22. Approve Agreements with Communications LAB, CV Strategies, and Straightline Communications LLC for On­Call Consumer Confidence Report and Auxiliary Services in an Aggregate Amount Not to Exceed $900,000, for up to Five­Year Terms (RFP 23­014) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Communications LAB, CV Strategies, and Straightline Communications LLC to provide annual Consumer Confidence Report and Auxiliary Services on an as needed basis, in an aggregate amount not to exceed $900,000, for a three-year term beginning July 18, 2023 and expiring July 17, 2026 with an option for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. A-2023­128). CITY COUNCIL 17 July 18, 2023 23. Approve Agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide Moving and Storage Services for the Main Library Transformation Project and Newhope Library Renovation Project, in an Amount not to Exceed $223,924 (Specification No. 23­058A) (General Fund and Non­General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide moving and storage services for the Main Library Transformation Project and Newhope Library Renovation Project in an amount not to exceed of $223,924 including a 10% contingency amount of $20,357, for a term beginning July 18, 2023 and expiring December 31, 2025, with provision for one, one-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023­129). 24. Approve a Specialized Legal Services Agreement with Burke, Williams & Sorensen, LLP for a Three­Year Term and Compensation not­to­Exceed $500,000 (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute a legal services agreement with the law firm of Burke, Williams & Sorensen, LLP for litigation matters concerning the abatement of public nuisances for a three-year term to terminate June 30, 2026 and compensation in an amount not to exceed $500,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023­130). 25. Agreement with Sahuayo, Michoacán, Mexico to Establish a Sister City Relationship Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute an agreement with the City of Sahuayo de Ocampo, of the State of Michoacán of the United Mexican States to formalize the sister city relationship between the City of Santa Ana and the City of Sahuayo (Agreement No. A-2023­131). 26. Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Confidential Association of Santa Ana, effective July 1, 2022 through June 30, 2025, and adoption of a Resolution updating the salary schedule for Associated Unrepresented Classifications Department(s): Human Resources Department Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with the Confidential Association of Santa Ana (“CASA”) regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025 and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. A-2023­132). 2.Approve a Resolution updating the salary schedule for associated unrepresented classifications. CITY COUNCIL 18 July 18, 2023 RESOLUTION NO. 2023­039 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 27. Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 22­01 Department(s): Public Works Agency Recommended Action: Adopt a resolution which declares the City’s intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023. RESOLUTION NO. 2023­040 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 2383 NORTH FLOWER STREET (ABANDONMENT NO. 2023-01) 28. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Land And Water Conservation Program for a New Park at 10th and Flower Streets (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Land and Water Conservation Program for the development of a new park at 10th and Flower Streets. RESOLUTION NO. 2023­041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND FOR THE NEW PARK AT 10TH AND FLOWER STREET PROJECT 29. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Recreational Trails Program for the Pacific Electric (Maple Street) Bike Trail Restoration (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Recreational Trails Program Application for the Pacific Electric (Maple Street) Bike Trail improvements, which includes installation of new lighting, signage, and mile markers. RESOLUTION NO. 2023­042 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM FOR PACIFIC ELECTRIC (MAPLE STREET) BIKE TRAIL IMPROVEMENTS CITY COUNCIL 19 July 18, 2023 30. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Habitat Conservation Fund for Santiago Park Trail and Habitat Restoration (Non­General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request construction funding through the Habitat Conservation Fund for Santiago Park Trail and Habitat restoration. RESOLUTION NO. 2023­043 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR SANTIAGO PARK TRAIL AND HABITAT RESTORATION 31. Police Officer Hiring Bonus Program Department(s): Police Department Recommended Action: Adopt a resolution approving the continuation of the Police Officer Hiring Bonus program in a total amount not to exceed $600,000 offering $10,000 per officer, $15,000 for an officer with a Bachelor’s degree, or $15,000 for an officer who is a military veteran, and up $20,000 for an officer who is a military veteran with a Bachelor’s degree. RESOLUTION NO. 2023­044 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A POLICE OFFICER HIRING BONUS PROGRAM FOR POLICE OFFICER APPLICANTS IN AN AMOUNT NOT TO EXCEED $600,000 MINUTES: Mayor Pro Tem Lopez requested the $15,000 hiring bonus be awarded to candidates with a Masters degree rather than a Bachelors degree. Councilmember Hernandez provided comments and spoke in opposition to Agenda Item No. 31. Councilmember Bacerra provided comments and spoke in support of Agenda Item 31. Mayor Amezcua provided comments and spoke in support of Agenda Item 31. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 31, seconded by Councilmember Bacerra. The motion carried, 5-1-0-1 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ NONE MAYOR PRO TEM LOPEZ Status: 5-1-0-1 - Pass CITY COUNCIL 20 July 18, 2023 32. Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund Department(s): Finance and Management Services Recommended Action: Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund. RESOLUTION NO. 2023­045 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING INVESTMENT OF MONIES IN THE CALIFORNIA CLASS PRIME FUND 33. Resolution of Denial Regarding Conditional Use Permit No. 2023­09 (Mariscos Hector ABC License) for the Property Located at 1208 East McFadden Avenue Department(s): Planning and Building Agency Recommended Action: Adopt a resolution documenting City Council denial of Conditional Use Permit No. 2023-09 (Mariscos Hector ABC) for the property located at 1208 East McFadden Avenue. RESOLUTION NO. 2023­046 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE 34. Second Reading of Ordinance Amendment No. 2023­03 to Exempt Certain Parcels Identified by the City from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 First reading at the June 20, 2023 City Council meeting, approved by a vote of 6-1 (Phan dissenting). Published in the Orange County Reporter on July 7, 2023. Department(s): Planning and Building Agency Recommended Action: Conduct a second reading of Ordinance Amendment No. 2023-03 approving: 1) 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; and 2) 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 65852.24(e) and exempting certain parcels from California Government Code Sections 65852.24. CITY COUNCIL 21 July 18, 2023 ORDINANCE NO. NS­3047 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 (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code sections 65912.114(o) and 65912.124(o)). ORDINANCE NO. NS­3048 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 (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code section 65852.24(h)). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 34 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ MAYOR AMEZCUA COUNCILMEMBER PHAN NONE NONE Status: 6-1 - Pass 35. Ordinance Second Reading: Adoption of Ordinance for the addition of two positions for residents aged fifty­five (55) years and older on the Parks, Recreation, and Community Services Commission. First reading at the June 20, 2023 City Council meeting, approved by a vote of 7-0. Published in the Orange County Reporter on July 7, 2023. Department(s): Parks, Recreation, and Community Services Recommended Action: Place ordinance on second reading and adopt amending the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2-333 to add two positions for residents aged fifty-five (55) years and older on the Parks, Recreation, and Community Services Commission. CITY COUNCIL 22 July 18, 2023 ORDINANCE NO. NS­3049 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). **END OF CONSENT CALENDAR** 36.Designate a Voting Delegate and Up to Two Alternates for League of California Cities (Cal Cities) 2023 Annual Conference General Assembly Department(s): City Clerk’s Office Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, September 22, 2023. MINUTES: Mayor Amezcua nominated Councilmember Bacerra as the voting delegate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan. Councilmember Bacerra nominated Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan. MOTION: Councilmember Phan moved to appoint Councilmember Bacerra as the voting delegate and Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, 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 AMEZCUA NONE NONE MAYOR PRO TEM LOPEZ Status: 6-0-0-1 - Pass BUSINESS CALENDAR CITY COUNCIL 23 July 18, 2023 37. Review and Consider Amending City Council Meetings Rules and Procedures Including Teleconference Options Department(s): City Clerk’s Office and City Attorney’s Office Recommended Action: 1. Adopt a resolution amending the rules and procedures for City Council meetings to change the time of regular meetings, update the rules of procedure, clarify decorum regulations, and address teleconferencing. 2. Approve a revised Teleconferencing Policy (with or without provisions for AB 2449). 3. Provide direction to staff regarding the continued use of Zoom/teleconferencing for public participation in City Council meetings. RESOLUTION NO. 2023­037 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES TO CHANGE THE TIME OF REGULAR MEETING, UPDATE THE RULES OF PROCEDURE, CLARIFY DECORUM REGULATIONS, AND ADDRESS TELECONFERENCING, AND REPEALING RESOLUTION NO. 2013-019 MINUTES: City Clerk Jennifer L. Hall provided a brief summary of Agenda Item No. 37. Councilmember Phan proposed the following amendments and requested teleconference participation be permitted. •Section 2-6, be amended from super majority to four votes. •5(C) of the resolution amended to include language stating the Mayor or presiding officer’s ability to increase speaking time and should the Mayor or presiding officer decrease speaking time, the Council maintains the ability to adjust speaking time via a motion with a majority vote. •Section 5(D) - Increase the initial presentation time from (10) minutes to up to (20) minutes and remove the (5) minute rebuttal time period. •5(F) - amend “may direct” to “may request.” •Amend the Teleconferencing Policy to include AB2449 as an option and require audio and visual participation for closed session. Councilmember Penaloza requested clarification regarding the proposed resolution Section 2(B) and requested the language be amended to clarify the Mayor's absence. He spoke in opposition to continuing to allow public comments via Zoom and teleconference. Councilmember Vazquez spoke in support of continuing to allow public comments via Zoom and teleconference. Mayor Pro Tem Lopez spoke in support of continuing to allow public comments via teleconference and Councilmember Phan’s proposed amendment to sections 2-6, 5-C, and 5-F. CITY COUNCIL 24 July 18, 2023 Councilmember Bacerra spoke in support of continuing to allow public comments via teleconference and requested the following language be added: •Section 2(A) - regular meetings of the City Council shall be convened in the Council Chamber or as noted on the agenda and at the time specified in the agenda. •Section 2(D) - all meetings are scheduled to terminate at 11:59 P.M. on the same day that the meeting began. •Replace 12:00 A.M. to 11:59 P.M. on the same day at various portions of the resolution. •Teleconferencing Policy Section 3(C) 4 - include a disclosure for anyone present in the room regardless of their age. Councilmember Hernandez spoke in support of the proposed amendments and requested the meeting end time be amended to 11:00 P.M. Mayor Pro Tem Lopez suggested the regular closed session meeting time be set to 4:00 P.M. MOTION: Moved by Councilmember Phan moved to approve the recommended action for Item No. 30 as amended, approve the Teleconferencing Policy with AB2449, and maintain the allowance of public comments via Zoom, 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 **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 38. Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings Legal Notice published in the Orange County Reporter on July 7, 2023 and notices mailed on July 6, 2023. Department(s): Planning and Building Agency CITY COUNCIL 25 July 18, 2023 Recommended Action: Adopt a resolution affirming the Fiscal Year 2022-2023 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange. RESOLUTION NO. 2023-048 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment) MINUTES: Mayor Amezcua opened the public hearing at 11:57 P.M. The following speaker addressed Council in person: 1. Ed Danoff spoke in opposition to Agenda Item No. 38. City Clerk Jennifer L. Hall reported that one (1) email comment regarding Agenda Item No. 38 was received and distributed to the Council. Planning and Building Director Minh Thai provided a brief presentation on Agenda Item No. 8. Mayor Amezcua closed the public hearing at 11:59 P.M. MOTION: Moved by Councilmember Hernandez to approve the recommended action for Public Hearing Agenda Item No. 38, seconded by Mayor Amezcua. 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 CITY COUNCIL 26 July 18, 2023 COUNCILMEMBER REQUESTED ITEMS 39.Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy – Councilmember Bacerra MINUTES: At 10:21 P.M., Mayor Amezcua considered the agenda out of order and heard Agenda Item No. 39 after the balance of the consent calendar. (See page No. 7) At 12:04 A.M. on July 19, 2023, Mayor Amezcua recessed the City Council to consider the Housing Authority agenda and reconvened at 12:06 A.M. MOTION: Councilmember Hernandez moved to adjourn the meeting per the newly approved rules and procedures resolution, seconded by Mayor Amezcua. SUBSTITUTE MOTION: Councilmember Penaloza moved to continue the meeting and consider the remainder of the agenda, seconded by Councilmember Phan. The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, MAYOR AMEZCUA NONE NONE Status: 4-3 - Pass CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided comments on Fiestas Patrias and announced her appointment to the Orange County Commission to End Homelessness as the Central Orange County representative. 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.July 11-13, 2023 Mayor Amezcua, Mayor Pro Tem Lopez, Councilmembers Penaloza and Vazquez – NALEO Annual Conference in New York, NY MINUTES: Councilmember Vazquez disclosed his attendance at the NALEO Annual Conference in New York., stated that he would be hosting a rent control workshop in the near future, and announced a free concert in the Rosita Park neighborhood on July 20, 2023 at 5:00 P.M. and a community bike ride event on July 21, 2023 at 6:00 P.M. CITY COUNCIL 27 July 18, 2023 Mayor Pro Tem Lopez requested the meeting be adjourned in memory of Tania Valencia. She spoke of the importance of adhering to the speed limit, disclosed her attendance at the NALEO Annual Conference in New York, and provided comments regarding the recall petition funding approved by Council. She announced a tree planting event in Portola Park in July. Councilmember Penaloza disclosed his attendance at the NALEO Annual Conference in New York and thanked the community for their participation. Councilmember Hernandez requested the meeting be adjourned in memory of Helen Romero Reyna. Councilmember Bacerra announced the 134th anniversary of the City of Santa Ana serving as the county seat and requested the meeting be adjourned in memory of Robert McCalla and Kim Sinclair. Councilmember Phan congratulated the Garden Grove School District for their new athletic facilities. She commented on the recent Metropolitan Water District three city’s meeting and thanked staff for their assistance with the second Vietnamese Business Forum. She commented on illegal fireworks and announced the upcoming concert on July 20, 2023 at 5:30 P.M. at Rosita Park and National Night Out on August 1, 2023 at 4:00 P.M. Mayor Amezcua requested the meeting be adjourned in memory of Molly Doughty. She announced her Coffee with the Mayor event would be on July 22, 2023 and thanked City staff for their hard work. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council at 12:26 A.M. on July 19, 2023. Adjourn in memory of: Robert McCalla Helen Romero Reyna Kim Sinclair Molly Doughty Tania Valencia Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk