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HomeMy WebLinkAbout2023-11-21 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California November 21, 2023 CLOSED SESSION MEETING - 5:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 DV, I%IO]NTA:7 MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:04 P.M. CLOSED SESSION ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall CITY COUNCIL 1 November 21. 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Pena/oza, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Bacerra and Hernandez, and Mayor Pro Tem Lopez joined the meeting during Closed Session. Councilmember Hernandez was absent. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall announced there were no public comments regarding Closed Session. 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 5:05 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: Service Employees' International Union (SEIU) Part -Time Civil Service Employees 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Acting City Manager/interim City Manager/Permanent City Manager CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 2 November 21. 2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council meeting to order at 5:35 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 5:40 P.M.), Penaloza, Phan, and Vazquez, Mayor Pro Tern Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Fire Chief James Henerey Pastor Tommy Cota ADDITIONSIDELETIONS TO THE AGENDA MINUTES: Acting City Manager Steven A. Mendoza announced changes to Agenda Item No. 32 exhibit I language in section I- I of the Resolution should state, "Moreover, finding `b' of Section 66474 as part of the SMA can be made." and Agenda Item No. 34 exhibit 2 section 6 entitled Conflict of Interest, Retiree shall notify the City Council of the conflict instead of just the Mayor. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to The Seva Collective for Outstanding Contributions to the Community MINUTES: MayorAmezcua presented a certificate of recognition to the Seva Collection for Outstanding Contributions to the Community. CITY COUNCIL 3 November 21. 2023 2. Certificate of Recognition presented by Councilmember Bacerra to Roquette's Cafe & Bistro in Honor of their One -Year Anniversary MINUTES: Councilmember Bacerra presented a certificate of recognition to Roquette's Cafe & Bistro in honor of their one-year anniversary and contributions to the local economy. STAFF PRESENTATIONS 3. Update from League of California Cities MINUTES: Connor Medina, Regional Public Affairs Manager, gave a presentation and update from the League of California Cities. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: The following speakers addressed the City Council in person: 1. Manuel Pineda spoke regarding a personal case. 2. Arturo Arteaga (translation: Spanish) expressed concern regarding harassment by the City and the Police Department on Central and Main Street on his small business and requested the City aid in assisting small businesses. 3. Antonio Quiroz (translation: Spanish) expressed concern regarding harassment by the City and the Police Department at his lunch truck on Central and requested the City assist small businesses. 4. Betty Lopez (translation: Spanish) expressed concern regarding harassment by the City and the Police Department at lunch trucks, the inability to work, and lack of sales. 5. Abdul Yousef spoke regarding the environment at Gaza and requested a cease fire resolution. 6. Claudia Morales (translation: Spanish) expressed excitement for the failed recall efforts regarding Mayor Pro Tem Lopez. 7. Kadish Aburun spoke regarding the environment at Gaza and requested a cease fire resolution. CITY COUNCIL 4 November 21. 2023 8. Jesus Vazquez spoke regarding Israel and Palestine. 9. Mario Alvarado spoke regarding elected officials' decorum at City Council meetings and representation of Ward 5. 10. Mia Verdin congratulated Mayor Pro Tem Lopez on beating the recall and spoke regarding transpired City events in the past 11 months. The following speakers addressed the City Council via teleconference: 11. Nadeh Vali requested a cease fire resolution be placed on the agenda. 12. Santa Ana Resident 3 echoed previous speakers' request to place the cease fire resolution on the agenda. 13. Joese Hernandez congratulated Mayor Pro Tem Lopez on beating the recall and spoke regarding the loss of funds related to the recall. 14. Ed McCoy spoke regarding Agenda Item No. 32. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 30, One (1) comment regarding Agenda Item No. 32, and Five (5) non -agenda comments. COUNCIL COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR 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. MINUTES: Councilmember Vazquez stated what he is thankful for. Councilmember Phan thanked all who participated in and sponsored the Santa Anita Neighborhood Association Turkey Event, Parks and Recreation staff for Plaza Navidena, and stated what she is thankful for. Mayor Amezcua announced a Board of Supervisors meeting on Tuesday, November 28, 2023 at 9:00 A.M. related to the Mental Health Association, thanked all for their assistance, sponsorship, and participation in turkey giveaway events, encouraged those with complaints to fill a complaint form at the Police Department and spoke regarding the tree lighting ceremony. She wished everyone a Happy Thanksgiving. Councilmembers Bacerra, Hernandez, Penaloza, and Mayor Pro Tem Lopez stated they would provide their comments at the end of the meeting. CITY COUNCIL 5 November 21. 2023 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 33 and waive reading of all resolutions and ordinances MINUTES: At 6:52 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item Nos. 14 and 16 and Councilmember Penaloza requested to comment on Agenda Item No. 16. Councilmember Bacerra pulled Agenda Item Nos. 6 and 29 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 28 as the listed entity, Dyer 18, LLC, is a client of her employer, Rutan and Tucker, and Agenda Item No. 32 per Government Code Section 84308. Mayor Pro Tem Lopez pulled Agenda Item No. 6 for separate discussion and consideration and recused herself from Agenda Item No. 32 consistent with her position at the October meeting. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 4 through 33 with the exception of Agenda Item Nos. 6 and 29, seconded by Councilmember Hernandez. 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 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Special Closed Sessions and Regular Meetings of April 4, 2023 and April 18, 2023 Department(s): City Clerk's Office CITY COUNCIL 6 November 21. 2023 Recommended Action: Approve minutes. AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 6. Review and Approve the Annual Calendar of City Council Meetings for 2024 Department(s): City Clerk's Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2024. 2. Cancel the regularly scheduled City Council meetings of January 2, 2024, August 6, 2024, and November 5, 2024. 3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code. MINUTES: Councilmember Bacerra requested the meeting of July 2, 2024 be canceled, August 6, 2024 be left, and add July 30, 2024 as a special meeting. Councilmember Phan requested the meeting of July 2, 2024 and September 3, 2024 be cancelled, add July 30, 2024 special meeting, and leave the August 6, 2024 meeting. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 6, as amended, to cancel the July 2 and September 3, 2024 meetings, add the July 30, 2024 Special meeting, and leave the August 6, 2024 meeting, seconded by Councilmember Phan. 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's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought Remains Department(s): Public Works Agency Recommended Action: Approve the City of Santa Ana's response to the findings and recommendations of the 2022-2023 Orange County Grand Jury Report, Historic Rains, Yet Drought Remains, pursuant to Penal Code Sections 933 and 933.05. CITY COUNCIL 7 November 21. 2023 8. Receive and File Quarterly Report of Investments as of September 30, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Investments as of September 30, 2023. 9. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2023 to September 30, 2023. 10. Award Aggregate Blanket Order Contracts to Clean Space Project, LLC & Essential Care Supplies, Inc. for Nitrile Gloves in a Not -to -Exceed Aggregate Amount of $200,000 (Specification No. 23-139) (General Fund) Department(s): Police Department Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of nitrile gloves on an as -needed basis in an annual amount not to exceed $40,000, with a total aggregate contract amount not to exceed $200,000, for an initial one-year term expiring on November 14, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. • Clean Space Project, LLC Wheat Ridge, CO • Essential Cares Supplies, Inc. Los Angeles, CA 11. Amend Blanket Order Contract with Hardy & Harper, Inc. for Asphalt Street Maintenance to Extend the Final Contract Term for an Additional 12 Month Period and Increase Total Contract for a Revised Total Not to Exceed Amount of $8,590,000 (Specification No.18-084) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the blanket order contract with Hardy & Harper, Inc. for asphalt street maintenance to extend the contract term for an additional 12 month period ending November 30, 2024, and increase the annual contract amount by $850,000 during the final extension period, for a revised total annual amount of $2,290,000, and total contract amount not to exceed $8,590,000 subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 8 November 21. 2023 12. Award a Purchase Order to Terex Utilities for One Terex Hi -Ranger LT40 Bucket Truck, in an Amount Not to Exceed $246,693 (Specification No. 23-166) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Terex Utilities for one Terex Hi -Ranger LT40 Bucket Truck, in the amount of $241,693, plus a contingency amount of $5,000, for a total amount not to exceed $246,693, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Award a Purchase Order to National Auto Fleet Group for One Ford Super Duty F- 550 Truck, in an Amount Not to Exceed $200,647 (Specification No. 23-158) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for one Ford Super Duty F-550 Truck, in the amount of $180,647, plus a contingency amount of $20,000, for a total amount not to exceed $200,647, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $280,000 to an Existing Construction Contract with Excel Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $2,557,000, for the West Willits Protected Bicycle Lane Project (Project No. 19-6948 (ATPSB1L- 5063(195))) (Non -General Fund). Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing prior -year fund balance of $280,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account (AU 0581702-50001) and appropriate the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account (AU 05817660-66220) for FY 2023-2024 capital operating expenses. (Requires five affirmative votes). 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $488,200 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $2,557,000, subject to non -substantive changes approved by the City Manager. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $280,000 for construction contingency funds, for the West Willits Protected Bicycle Lane Project (Project No. 19-6948). CITY COUNCIL 9 November 21. 2023 MINUTES: Councilmember Hernandez spoke in support of the item. 15. Approve Agreement with XV Solutions to Provide SCADA Network Consulting and Support Services in an Amount Not to Exceed $750,000 for Up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with XV Solutions to provide on -call supervisory control and data acquisition network consulting and support services, for a total amount not to exceed $750,000, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, with provisions for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-200). 16.Approve an Agreement with Little Diversified Architectural Consulting, Inc, for the Design Services for a Park Master Plan and Community Center at Chepa's Park (Project No. 24-7533) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Little Diversified Architectural Consulting, Inc. to provide a park master plan and design for a new community center in the amount of $441,512, with a contingency of $58,488, for a total amount not to exceed $500,000, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-201). MINUTES: Councilmember Hernandez spoke regarding the project and in support of the item. Councilmember Penaloza thanked Public Works for their hard work and efforts and spoke in support of the project. Mayor Amezcua requested staff look into the La Chiquita mural. Acting City Manager Steven Mendoza spoke regarding the artists of the mural. 17. Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants for On -Call Geotechnical Engineering Services dba Ninyo & Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a Five -Year Term (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide on -call geotechnical engineering services for a shared aggregate amount not to exceed CITY COUNCIL 10 November 21. 2023 $2,000,000, for a three-year term beginning November 21, 2023 and expiring on November 20, 2026, with the provision for one two-year extension, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-202). 18.Approve Third Amendment with E Source Companies, LLC to Extend the Agreement Term and Increase the Total Agreement Amount by $250,000 for Automated Metering Infrastructure Planning and Implementation Services (Non -General Fund) (Project 16- 6460) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a third amendment to the agreement with E Source Companies, LLC to extend the term to expire November 20, 2024, and increase the total compensation by $250,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-227). 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $250,000 in planning funds for the Automated Metering Infrastructure Project. 19.Approve Agreement with AVEVA Select California for Wonderware Software Support Services and Licensing in an Amount Not to Exceed $291,621.75 for Up to a Three- Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with AVEVA Select California to provide SCADA software, hardware, and installation services to the City's water production facilities in an amount of $277,735 with a 5% contingency of $13,886.75, for a total not to exceed $291,621.75, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-203). 20. Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., to Extend the Agreement Term through June 30, 2024 for Water System Modeling Software (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Sedaru for Water System Modeling Software to extend the existing term to expire June 30, 2024, with no supplementary expenses to the previously executed amount, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-204). 21. Amend Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services by an Additional $250,000 for the Remainder of the Agreement Term (Non -General Fund) Department(s): Public Works Agency CITY COUNCIL 11 November 21. 2023 Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with EEC Environmental for Waste Discharge Requirement compliance services to increase the total amount by $250,000 for the remainder of the term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-205). 22.Approve Agreement with Jacob Green & Associates for Consultant Services Related to City Manager Recruitment (General Fund) Department(s): City Attorney's Office, Human Resources Recommended Action: Approve an agreement with Jacob Green & Associates for organizational and leadership development consulting services, including executive search services for recruitment for a permanent City Manager, for a term beginning November 21, 2023 and ending June 30, 2024 with one optional six-month extension, in an amount not to exceed $50,000 (Agreement No. 2023-206). 23. Approve Agreement for Legal Counsel Services and Approve a Separate Agreement for Special Services: Training and Consulting Services with Liebert Cassidy Whitmore (LCW); Approve Amendment to Agreement with Richards Watson & Gerson APC for Legal Services; Approve Agreement with Ring Bender for Legal Services; and Approve Agreement with Goldfarb & Lipman LLP for Legal Services (General Fund) Department(s): City Attorney Office, Human Resources Recommended Action: 1. Authorize the City Manager to execute an Agreement with LCW to provide special legal counsel services for an amount not to exceed $300,000 for a term beginning November 21, 2023 and ending December 31, 2026 with one optional one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-207). Authorize the City Manager to execute a separate Agreement for Special Services with LCW to provide training and consulting services as a member of the Orange County Employment Relations Committee, renewable annually, in an amount not to exceed $5,000 plus a 5% annual increase, per year, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2023-2 0 8 ). Authorize the City Manager to execute a first amendment to an agreement with the law firm of Richards Watson & Gershon APC (RWG) for legal services for municipal advisory and litigation services including, but not limited to, elections work and employment matters, for the period of June 1, 2020 until May 31, 2024, in an amount not to exceed $300,000 for a total amount not to exceed $550,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A 2023-209). 4. Authorize the City Manager to execute a legal services agreement with the law firm of Ring Bender LLP for municipal litigation services, including but not limited to litigation regarding AC 2525 Main v. City of Santa Ana, for the period of November 21, 2023 to June 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-210). 5. Authorize the City Manager to execute a legal services agreement with the law firm of Goldfarb & Lipman LLP for municipal advisory and litigation services, including but not limited to, defending the City in litigation challenging the Rent Stabilization and Just Cause Eviction Ordinance, housing, affordable housing, fair housing, rent stabilization, land use, and real property issues for the period of November 21, 2023 to November 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-211). 24. Award a Purchase Order to Vector Resources, Inc. and approve an agreement with Hewlett Packard Enterprise Company for Aruba wireless communication technology hardware and services in a total not to exceed amount of $555,407 (Specification No. 23-145) (Non -General Fund) (Revive Santa Ana Program) Department(s): Information Technology Recommended Action: 1. Authorize a one-time purchase and payment of Purchase Order to Vector Resources, Inc. for Aruba wireless communication technology hardware and services in an amount not to exceed $482,962, plus a 15% contingency of $72,445, for a total not to exceed amount of $555,407, subject to non -substantive changes approved by the City Manager and City Attorney. Authorize the City Manager to execute an agreement with Hewlett Packard Enterprise Company for HPE's Aruba High Touch Services. Vector Resources, Inc. is an authorized indirect reseller of Hewlett Packard Enterprise Company. Funding for HPE's Aruba High Touch Services will be issued to Vector Resources, Inc. There is no fiscal impact directly associated with Hewlett Packard Enterprise Company (Agreement NaAk2023-212). 25. Appropriation Adjustment and Agreement Accepting $640,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2023 through September 30, 2024, in an amount not to exceed $640,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A 2023-213). CITY COUNCIL 13 November 21. 2023 2. Approve an appropriation adjustment accepting $640,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 26. Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2023 Edward Byrne Memorial Justice Assistance Grant (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriffs Department accepting the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $110,336, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A 2023-214). 2. Approve an appropriation adjustment recognizing $110,336 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.) 27.Approve Agreements with Mission -Centered Solutions, Inc. in the Amount of $189,875 and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide Training Services for the Urban Area Security Initiative Grant Program (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute three-year agreements, with two one-year renewal options, with the following two vendors to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -needed basis, for the period of November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed $324,475, subject to non -substantive changes approved by the City Manager and City Attorney: • Mission -Centered Solutions, Inc. — total amount not to exceed $189,875 (Agreement No. A-2023-215) • Utility Response Training Associates, LLC — total amount not to exceed $134,600(Agreement No. Ar2023-216) 28.Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,822,800 to $1,927,800. CITY COUNCIL 14 November 21. 2023 RESOLUTION NO.2023-076 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing an additional $105,000 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes). 3. Authorize the City Manager and the Chief of Police to execute the Memorandum of Understanding with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-217). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32 as part of the Consent Calendar, seconded by Councilmember Hernandez. 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 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 29.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2024-25 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Adopt Resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2024-25 Call for Projects. RESOLUTION NO. 2023-077 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR CITY COUNCIL 15 November 21. 2023 FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM RESOLUTION NO. 2023-078 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 2. Direct Staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2024-25. MINUTES: Councilmember Bacerra spoke regarding the two recommended projects, and asked if the City would be applying for any competitive funding related to transit enhancement projects Public Works Director Nabil Saba spoke regarding transit enhancements — bus stops, bus shelter furniture, two grants for the Cal -Trans Clean California project to improve train station improvements, and stated he continues to look for more funds to enhance transit service in the City. Councilmember Bacerra requested improvement in transit mobility in the City. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 29, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER MAYOR PRO TEM NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass BACERRA, COUNCILMEMBER COUNCILMEMBER PENALOZA, PHAN, COUNCILMEMBER VAZQUEZ, LOPEZ, MAYOR AMEZCUA 30. Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal Transportation Improvement Program as required by Funding Agency Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2025 Federal Transportation Improvement Program. Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2025-2030 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. CITY COUNCIL 16 November 21. 2023 RESOLUTION NO. 2023-079 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2023/24-2029/30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 31. Density Bonus Agreement No. 2023-02 to Facilitate the Construction of a Rental Residential Development Consisting of 22 Apartment Units, with Two Units Proposed as Affordable to Very Low Income Households Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus No. 2023-02 as conditioned. RESOLUTION NO. 2023-080 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) (includes determination that no additional environmental review will be required in accordance with the California Environmental Quality Act as a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project) Authorize the City Manager to execute a Density Bonus Agreement with P&P Bros Corp., for a 55-year term, for a rental residential development consisting of 22 apartment units, with two units proposed as affordable to very low income households at 322 N. Harbor Boulevard, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-218). 32. Resolution Approving Appeal Application Nos. 2023-02 and 2023-03 and Overturning the Determination of the Planning Commission, Thereby Denying Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to Facilitate the Construction of a Mixed -Use Development Known as Cabrillo Town Center at 1901 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Adopt a resolution documenting the City Council decision of October 3, 2023, denying SPR No. 2023-01 and TTM No. 2023-03 for the Cabrillo Town Center at 1901 E. Fourth Street. RESOLUTION NO. 2023-081 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 2023-02 AND 2023-03 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO CITY COUNCIL 17 November 21. 2023 FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051-09; 400-051-14; AND 400-051-15) MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32 as part of the Consent Calendar, seconded by Councilmember Hernandez. The motion carried, 5-0-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal), MAYOR PRO TEM LOPEZ (recusal) ABSENT: NONE Status: 5 — 0 - 2 — Pass 33. Second One -Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 for The Madison Mixed -Use Development Project Located at 200 North Cabrillo Park Drive Department(s): Planning and Building Agency Recommended Action: Adopt a resolution approving a second one-year extension of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06. RESOLUTION NO. 2023-082 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE Determine that in accordance with the California Environmental Quality Act (CEQA), the approval of the time extension is exempt form CEQA per Section 15061(b)(3). **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 7:09 P.M., the Business Calendar was considered. 34. Appointment of Interim City Manager pursuant to Government Code Section CITY COUNCIL 18 November 21. 2023 21221(h) (Interim City Manager)(General Fund) Department(s): City Attorney's Office Recommended Action: Adopt Resolution appointing an Interim City Manager effective November 21, 2023 and authorizing the Mayor to execute an employment agreement (Agreement No. A2023-219). RESOLUTION NO. 2023-083 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 34, as amended per section 6 of the agreement, 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 MINUTES: Interim City Manager Tom Hatch spoke regarding his background, experience, knowledge, education, family, future tasks, and Council goals, stated he will support the process of permanent City Manager position, and wished everyone Happy Thanksgiving. 35.Ordinance Amending Section 2-325 of the Santa Ana Municipal Code to Provide that Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council Department(s): City Manager's Office Recommended Action: Approve the first reading of an ordinance amending Section 2-325 the Santa Ana Municipal Code to provide that compensation for City Boards and Commissions shall be set by resolution of the City Council. ORDINANCE NO. NS-3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL MINUTES: Councilmember Penaloza asked when the City Council can anticipate to have an item be brought to Council to discuss rates for certain commissions. CITY COUNCIL 19 November 21. 2023 Acting City Manager Steven Mendoza spoke regarding the 2nd reading of the ordinance and stated a resolution would be brought back to the City Council in 30 days after the adoption to further discuss the rates. MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 35, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER MAYOR PRO TEM NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass BACERRA, COUNCILMEMBER COUNCILMEMBER PENALOZA, PHAN, COUNCILMEMBER VAZQUEZ, LOPEZ, MAYOR AMEZCUA 36. Nominate and Appoint a Representative to Serve on the Orange County Mosquito and Vector Control Board of Trustees to Serve Either a Two -Year or a Four -Year Term Department(s): City Clerk Office Recommended Action: Nominate and appoint a representative to serve on the Orange County Mosquito and Vector Control Board to Serve Either a Two -Year or Four -Year Tenn, Effective January 1, 2024 MINUTES: City Clerk Jennifer L. Hall gave a brief presentation regarding the appointment to serve on the Orange County Mosquito and Vector Control and stated Nelida Mendoza is interested in the position. MOTION: Councilmember Hernandez moved to appoint Nelida Mendoza to the Orange County Mosquito and Vector Control Board to serve a two-year term, seconded by Councilmember Phan. 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 20 November 21. 2023 **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 7:20 P.M., Public Hearings were considered. 37.Appeal No. 2023-07 Appealing Planning Commission Denial of CUP No. 2023-18 for Anchor Stone Christian Church to Allow a Proposed Assembly Use at 2938 South Daimler Street Legal notice published in the Orange County Reporter on November 8, 2023 and notices mailed on November 9, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution denying Appeal Application No. 2023-07 and upholding the determination of the Planning Commission to deny Conditional Use Permit No. 2023-18. RESOLUTION NO. 2023-084 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-07 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO.2023-18 TO ALLOW AN ASSEMBLY USE TO OPERATE AT 2938 SOUTH DAIMLER STREET MINUTES: Planning Manager Ali Pezeshkpour gave a presentation regarding Anchor Stone Christian Church. Councilmember Bacerra questioned the application use related to the zoning and spoke regarding the General Plan update and the intention plan for the focus area. Planning Manager Pezeshkpour spoke regarding General Plan update consistency and the intent of focus area. Councilmember Bacerra asked if the Planning Department informed the applicant that the general plan does not permit this type of use and the Planning Commission's decisions. Planning Manager Pezeshkpour clarified that staff informed the applicant, and explained the process and Planning Commission's decision. Councilmember Phan asked for clarification whether the applicant reached out to the CITY COUNCIL 21 November 21. 2023 Planning Department prior to the purchase of land, spoke regarding the due diligence of the applicant, and asked when the General Plan was last updated. Planning Manager Pezeshkpour provided clarification, spoke regarding the General Plan, and the stated the General Plan was last updated in April 2022. Mayor Amezcua opened the Public Hearing at 7:34 P.M. 1. Nagy Backhoom, Applicant, spoke regarding requirements of a conditional use permit and land use. 2. John G. McClendan, Applicant's Legal Counsel, spoke regarding land use and civil rights legislation. 3. Chiakang Chris spoke in opposition to the item. 4. Jean Chen spoke in opposition to the item, spoke regarding meeting with the Planning Department related to the purchase of property, and stated the General Plan was never introduced or mentioned. 5. Scott Wang spoke regarding the makeup of the Anchor Stone Christian Church and in opposition to the item. Rebuttal Comments: 1. Nagy Backhoom, Applicant, requested approval of the appeal. 2. John G. McClendan, Applicant's Legal Counsel, spoke regarding federal law related to land use. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 7:58 P.M. Councilmember Bacerra asked for clarification regarding the difference between assembly and religious facilities, zoning issues, and Religious Land Use and Institutionalized Persons Act (RLUiPA). Discussion ensued regarding type of use, RLUiPA, requirements related to zoning districts, impacts related to traffic, parking and noise, and the General Plan. Planning Manager Pezeshkpour provided clarification regarding the permitted type of use and the General Plan. CITY COUNCIL 22 November 21. 2023 MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 37, seconded by Councilmember Phan. 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 38. Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue Legal notice published in the OC Reporter on November 10, 2023 and notices mailed on November 9, 2023. Department(s): Planning and Building Agency Recommended Action: 1. Affirm the Planning Commission's adoption of a resolution approving Public Facilities Naming No. 2023-01 (Gerardo Mouet Park); and 2. Adopt a resolution approving Abandonment No. 2023-03; and RESOLUTION NO. 2023-085 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023-03) (includes determination that the vacation is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment) 3. Adopt a resolution approving General Plan Amendment No. 2023-01; and RESOLUTION NO. 2023-086 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN AMENDMENT LAND USE DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL CITY COUNCIL 23 November 21. 2023 NUMBERS 011-251-38 AND 011-251-39 (from Low Density Residential (LR-7) to Open Space (OS)) 4. Adopt the first reading of an ordinance approving Amendment Application No. 2023-01; and ORDINANCE NO. NS-3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251-38 AND 011-251-39 (from Multiple -Family Residence (R-3) to Open Space Land (0); read by title only and waive further reading. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 —Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. MINUTES: Planning Manager Ali Pezeshkpour gave a presentation regarding Standard and McFadden Public Park. Mayor Amezcua opened the Public Hearing at 8:17 P.M. There being no speakers, MayorAmezcua closed the Public Hearing at 8:17 P.M. Councilmember Penaloza expressed excitement for the park, reminded staff regarding residents' concerns related to safety, spoke in support of the item, and asked if there is potential collaboration with shops across the street to make up for the loss of parking. Planning Manager Pezeshkpour spoke regarding the parking concern. Councilmember Hernandez spoke in support of the item. Mayor Amezcua spoke regarding safety issues, homeless and restroom closures, and expressed concern regarding the security company, additional staff for parks, limited parking, gang activity, and lack of restrooms. Public Works Director Nabil Saba stated that 44 parking spaces would be taken up, and spoke regarding reclaiming City land reclaiming and the lack of restrooms. Mayor Pro Tern Lopez spoke in support of the item, requested additional tables and chairs, shade sails, community outreach regarding parking, and a report related to stacked parking. CITY COUNCIL 24 November 21. 2023 Councilmember Vazquez spoke in support of the item and regarding City parks. Councilmember Penaloza spoke regarding stacked parking and working with the neighborhood and shops to address parking concerns. Mayor Amezcua thanked staff for their hard work and efforts, expressed concern regarding parking, and requested staff work with residents and conduct a parking study. Councilmember Phan spoke regarding parking. Director Saba spoke regarding the construction timeline and groundbreaking and additional notification of parking to residents, and alley parking. Councilmember Penaloza requested notices be in both English and Spanish. Mayor Amezcua requested a construction notice. Director Saba stated he would inform residents of construction and parking. Mayor Pro Tern Lopez requested additional languages of flyers to notify residents and asked for clarification regarding the alley. Public Works Director Saba stated the alley is a public alley. MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 38, seconded by Councilmember Hernandez. 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 MANAGER COMMENTS MINUTES: Acting City Manager Stecen Mendoza announced the soft opening of the 3rd Winter Village on December 1, 2023 for City employees, and opening on December 2, 2023 for the public, and wished everyone a wonderful holiday. COUNCILCOMMENTS CITY COUNCIL 25 November 21. 2023 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. MINUTES: Councilmember Penaloza thanked staff for all their hard work and efforts. Mayor Pro Tem Lopez spoke regarding the illegal recall and wished everyone a Happy Thanksgiving and holidays. Councilmember Hernandez thanked all those who participated, spoke regarding Native Americans and their history, Santa Anita Turkey vouchers, and congratulated voters of Ward 3 for keeping Mayor Pro Tem Lopez. Councilmember Bacerra wished everyone a safe and Happy Thanksgiving, reported his recent travel to San Francisco to attend the Cal Net Leadership Retreat November 16-17, 2023, and the National API Elected Official Summit, November 18-19, 2023, and expressed concern regarding Mayor Pro Tem Lopez's social media posts regarding city staff. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council meeting at 8:49 P.M. Respectfully submitted: nifer L) Ma]KCMC CITY COUNCIL 26 November 21. 2023