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HomeMy WebLinkAboutItem 06 - Minutes from the Regular Meetings of December 19, 2023, January 16, 2024, and February 20, 2024 City Council 1 December 19, 2023 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California December 19, 2023 CLOSED SESSION MEETING – 4 :30 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 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:38 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 Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 2 December 19, 2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Bacerra and Penaloza arrived during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:39 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:  Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): One (1) matter – Compliance with AB 2011 & SB6 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: Interim City Manager CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. City Council 3 December 19, 2023 RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:37 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua Interim City Manager City Attorney City Clerk Tom Hatch Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan , and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Cesar Barrera, Deputy Public Works Director WORDS OF INSPIRATION Pastor Rita Gutierrez, Rock of Salvation Christian Center MINUTES: Holiday Carolers sang holiday songs. STAFF PRESENTATIONS WERE MOVIED OUT OF ORDER STAFF PRESENTATIONS 3. Parks, Recreation, and Community Services Presentation MINUTES: Parks, Recreation, and Community Services Director Hawk Scott started a presentation. RECESS MINUTES: Mayor Amezcua recessed the City Council meeting at 5:45 P.M. RECONVENE City Council 4 December 19, 2023 MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 6:08 P.M. City Attorney Sonia Carvalho announced that the City Council made the decision to clear the Chamber pursuant to the terms of the Brown Act which states that when a meeting’s decorum cannot be restored the City has the right to clear the room and continue with the public meeting, inviting members of the media back in to the Chamber, and making sure there is live audio and video feed of the meeting. Mayor Pro Tem Lopez stated she was not part of the decision to clear the City Council Chamber. Mayor Amezcua explained why the City Council Chamber was cleared. Councilmembers Hernandez and Vazquez stated they were not part of the decision to clear the City Council Chambers. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated Agenda Item No. 24 has been postponed the next City Council meeting and Agenda Item No. 22 has a revised agreement the standardized the terms with the staff report. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition Presented by Mayor Amezcua to Alejandra Rodriguez for Outstanding Contributions to the Community (Good Neighbor Award) 2. Certificates of Recognition Presented by Councilmember Bacerra to the Mater Dei High School Girls Volleyball, Girls Tennis, and Football Teams for Winning 2023 State Championships MINUTES: Ceremonial Presentation were not made. STAFF PRESENTATION WERE MOVED OUT OF ORDER AND CONSIDERED PRIOR TO THE CLOSED SESSION REPORT PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: Mayor Amezcua stated there would be no public comments as the Chamber has been cleared . City Council 5 December 19, 2023 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 30 and waive reading of all resolutions and ordinances MINUTES: At 6:12 P.M. the Consent Calendar was considered. Councilmember Bacerra pulled Agenda Item No. 6 and Mayor Amezcua pulled Agenda Item Nos. 7 and 10 for separate discussion and consideration. Councilmember Hernandez requested to comment on Agenda Item Nos. 18, 29, and 30. Councilmember Vazquez requested to comment on Agenda Item No. 29. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 4 through 30 with the exception of Item Nos. 6, 7, and 10 pulled for separate discussion and consideration, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 4. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meetings of June 6, 2023 and June 20, 2023 Department(s): City Clerk’s Office Recommended Action: Approve minutes. CONSENT CALENDAR City Council 6 December 19, 2023 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 6. Public Intoxication and Substance Abuse Enforcement Informational Report Department(s): Police Department Recommended Action: Receive and file. MINUTES: Council Member Bacerra questioned the percentage of field contacts of public intoxication and listed referrals on page 2 of the report. Acting Police Chief Robert Rodriguez provided clarification. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 6, 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 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 7. Provide City Council Update on Joint School Collaboration City Council Subcommittee Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file. MINUTES: Mayor Amezcua questioned when the committee last met. Parks, Recreation, and Community Services Director Hawk Scott stated the last time the committee met was in April 2023 and meetings are held once a month when there is quorum. Mayor Amezcua commented that the superintendent and the City Manager had met and recommended that the City Manager and the superintendent continue to meet and provide the City Council with possible recommendations. City Council 7 December 19, 2023 Councilmember Hernandez stated he would like to continue to meet as a subcommittee and encouraged the City Manager to continue to proactively meet with the superintendent. Councilmember Vazquez requested to survey the committee’s availability. Director Scott spoke regarding monthly meeting with the school district. Mayor Amezcua stated she would like a report. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 7, 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 8. Approve Destruction of Obsolete City Records Department(s): Parks, Recreation, and Community Services Recommended Action: Approve the request for the destruction of obsolete records from the Parks, Recreation, and Community Services Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. 9. Fiscal Year 2022-23 General Fund Results Department(s): Finance and Management Services Recommended Action: 1. Receive and file this informational report. 2. Approve proposed General Fund appropriation adjustment of $350,000 for non-departmental litigation. (Requires five affirmative votes) City Council 8 December 19, 2023 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 10. Budget Calendar and Community Engagement Plan for Fiscal Year 2024-2025 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar and Community Engagement Plan for Fiscal Year 2024-25. MINUTES: Finance Director Kathryn Downs gave a presentation regarding the Budget Calendar and Community Engagement Plan for Fiscal Year 2024-2025. Councilmember Vazquez spoke regarding the additional community engagement and the importance of the efforts. Mayor Amezcua asked for clarification regarding outreach efforts and spoke regarding additional community outreach. Director Downs stated the survey reached 1,500 individuals and spoke regarding additional community engagement Interim City Manager Tom Hatch stated he would meet with staff to discuss additional community outreach efforts. Mayor Pro Tem Lopez requested a City-wide youth forum and adding a meeting at Fisher Park inside the cabin. Councilmember Phan asked if text messaging was used for the survey and spoke regarding a variety of options for community engagement at schools. Director Downs stated that text-messaging services are only to be used for emergencies but would inquire of the possibility. Mayor Amezcua spoke regarding options for community engagement at schools and asked for clarification regarding text-messaging services. Assistant City Attorney Jose Montoya stated that text-messaging services are typically used for emergencies but he would further look into the matter. Councilmember Hernandez spoke in support of the youth forum and cabin at Fisher Park and requested a meeting at Campesino Park. Mayor Amezcua commented that a meeting would be beneficial at all City Parks. City Council 9 December 19, 2023 MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 10, 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 11. Annual Development Impact Fee Report for Fiscal Year 2022-2023 Department(s): Public Works Agency Recommended Action: Receive and file. 12. Approve General Fund Appropriation Adjustment to Cure Negative Fund Balance in the Public Works Engineering Fund (General Fund) Department(s): Public Works Agency Recommended Action: Approve a General Fund appropriation adjustment to transfer $2.9 million to the Public Works Engineering Fund 086 to cure the negative fund balance and prepare for fund closure during FY 2023-24. (Requires five affirmative votes) 13. Approve a Capital Improvement Project Amendment for Bikeway and Safe Routes to School Projects (Project Nos. 24-6000, 24-6001, 24-6002, 24-6003, 24-6004) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $50,000 of funding to the Mendez Intermediate, Advance Learning Academy, Santiago Elementary, and Sierra Intermediate Safe Routes to School (Project No. 24-6000). 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $50,000 of funding to the MacArthur Intermediate and Taft Elementary Safe Routes to School (Project No. 24-6001). City Council 10 December 19, 2023 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $50,000 of funding to the Madison Elementary, Roosevelt-Walker Academy, and Century High SRTS Safe Routes to School (Project No. 24-6002). 4. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $120,000 of funding to the Santa Ana High School and Heninger Elementary School SRTS (Project No. 24-6003). 5. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $100,000 of funding to the Jackson Elementary and Diamond Elementary Safe Routes to School (Project No. 24-6004). 14. Award a Purchase Order to Guaranty Chevrolet Motors, Inc. in Santa Ana for Three Chevrolet Silverado 2500HD Trucks, in an Amount Not to Exceed $348,830 (Specification No. 23-174) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $348,830 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item. (Requires five affirmative votes) 2. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for three 2024 Chevrolet Silverado 2500HD service body trucks in the amount of $318,830, plus a contingency amount of $30,000, for a total amount not to exceed $348,830, subject to non-substantive changes approved by the City Manager and City Attorney. 15. Award a Purchase Order to Guaranty Chevrolet Motors, Inc. in Santa Ana for Two Chevrolet Silverado 1500 Trucks, in an Amount Not to Exceed $101,641 (Specification No. 23-178) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for two 2024 Chevrolet Silverado 1500 Standard Cab trucks in the amount of $96,641, plus a contingency amount of $5,000, for a total amount not to exceed $101,641, subject to non-substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order to Penske Chevrolet of Cerritos in an Amount Not to Exceed $227,492 (Specification No. 23-167A) (Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase City Council 11 December 19, 2023 order to Penske Chevrolet of Cerritos for four 2024 Chevrolet Express 2500 12- Passenger Vans in the amount of $207,492, plus a contingency amount of $20,000, for a total amount not to exceed $227,492, subject to non-substantive changes approved by the City Manager and City Attorney. 17. Award a Purchase Order to National Auto Fleet Group for One Ford Transit Passenger Wagon Van in an Amount Not to Exceed $123,658 (Specification No. 23- 177) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a Purchase Order to National Auto Fleet Group for one 2024 Ford Transit Passenger Wagon Van in the amount of $103,658 plus a contingency amount of $20,000, for a total amount not to exceed $123,658, subject to non-substantive changes approved by the City Manager and City Attorney. 18. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $199,900, and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $199,900 (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 in the OTS-PWA Traffic Safety Grants, Federal Grants-Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services- Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a one-year grant agreement with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $199,900, for a one-year period beginning October 1, 2023, and ending September 30, 2024, (timeframe consistent with the grant cycle), subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-228). 3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc., to provide bicycle safety education services for a one-year period beginning December 19, 2023, and ending October 31, 2024, in an amount not to exceed $199,900, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A- 2023-229). MINUTES: Councilmember Hernandez spoke in support of the item and the impacts to the community. City Council 12 December 19, 2023 19. Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $676,386 for the ARPA Neighborhood Streetlights – Phase I project with an Estimated Project Delivery Cost of $845,483 (Project No. 22-1387) (Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $845,483 of funding in the American Rescue Plan Act funds for ARPA Neighborhood Streetlights – Phase I. 2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $676,386, 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 ARPA Neighborhood Streetlights – Phase I, for a term beginning December 19, 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 City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $845,483, which includes $676,386 for the construction contract; $101,458 for contract administration, inspection, and testing; and a $67,639 project contingency for unanticipated or unforeseen work. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-120 was filed for the project 22-1387. 20. Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $2,288,087 for the Pedestrian and Mobility Improvements Phase II with an Estimated Project Delivery Cost of $2,860,109 (Project No. 22-1406) (Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Authorize budget reallocation of $161,817 in unspent American Rescue Plan Act account from the Pedestrian and Mobility Improvement Phase I (No. 22-1405) Project, $143,475 in unspent American Rescue Plan Act account from the Pedestrian and Mobility Improvement Phase III (No. 22-1407) Project, and $154,517 in unspent American Rescue Plan Act account from the Neighborhood Streetlights Phase I (No. 22-1387) Project to construction funds for the Pedestrian and Mobility Improvement Phase II Project (No. 22-1406) to complete the project City Council 13 December 19, 2023 funding requirement. 2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,288,087, 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 Pedestrian and Mobility Improvements Phase II for the term beginning upon execution of the contract 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 $2,860,109, which includes $2,288,087 for the construction contract, $343,213 for contract administration, inspection, and testing, and a $288,809 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $2,400,300 in construction funding from the American Rescue Plan Act grant funds and $459,809 in construction funding from the American Rescue Plan Act approved in FY 2022-23 proposed budget for the Pedestrian and Mobility Improvements-Phase II. 5. Determine, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-5 was filed for the project 22-1406. 21. Approve Agreement with Thomson Reuters for Legal Research Subscription Services (General Fund) Department(s): City Attorney’s Office Recommended Action: Authorize the City Manager to execute an agreement with Thomson Reuters for legal research subscription services in the amount of $102,889.92 for a three-year term beginning January 1, 2024 through December 31, 2026, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-230). 22. Approve the Agreement with ParkMobile, LLC to Provide a Mobile App Payment Option for Parking Meters in the Amount of $500,000 Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with ParkMobile, LLC for parking meter mobile app services for a three-year term beginning December 15, 2023 to December 14, 2026, with an option to extend for a two-year term, in an amount not to exceed $500,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. City Council 14 December 19, 2023 2023-231). 23. Approve an Agreement with Forensic Nurse Specialists, Inc. for Sexual Assault Victim Exams and Evidence Collection Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a five-year agreement with Forensic Nurse Specialists, Inc. for the period of December 19, 2023 through August 31, 2028, to provide sexual assault victim examinations and evidence collection services for the Santa Ana Police Department in an amount not to exceed $350,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-232). AGENDA ITEM NO. 24 WAS REMOVED FROM CONSIDERATION 24. Agreements with Enterprise Fleet Management for Leased Vehicles Department(s): Police Department Recommended Action: Authorize the City Manager to execute the following agreements with Enterprise FM Trust and Enterprise Fleet Management, Inc. for leased vehicles for the period of January 1, 2024 through April 18, 2026 for a total annual amount not to exceed $612,936, with a one-year extension option, subject to non-substantive changes approved by the City Manager and City Attorney: 1. Master Walkaway Lease Agreement (Agreement No. A-2023-XXX) 2. Master Equity Lease Agreement (Agreement No. A-2023-XXX) 3. Maintenance Management and Fleet Rental Agreement (Agreement No. A-2023- XXX) 4. Supplemental Agreement between City and Enterprise (Agreement No. A-2023- XXX) 25. Adopt a Reimbursement Resolution Approving an Updated Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (Non-General Fund) Department(s): Public Works Agency Recommended Action: Adopt a Reimbursement Resolution with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $13,761,712 (Agreement No. A-2023-233) RESOLUTION NO. 2023-094 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE WELL 32 NITRATE TREATMENT AND REHABILITATION PROJECT City Council 15 December 19, 2023 FROM THE STATE WATER RESOURCES CONTROL BOARD 26. Resolution to Adopt and Approve for Submission of the Fiscal Year 2022-23 Measure M2 Year-End Expenditure Report Department(s): Public Works Agency Recommended Action: Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2022-23, and authorize submission of the report to the Orange County Transportation Authority, as required by Measure M2 Funding Eligibility Guidelines. RESOLUTION NO. 2023-095 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA 27. Adopt Resolution Authorizing the Executive Director of Public Works Agency to Execute Grant Agreement with the California Department of Transportation for the Walnut Street Urban Greening Project Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the Executive Director of Public Works Agency to execute a grant agreement with the California Department of Transportation for the Walnut Street Urban Greening Project. RESOLUTION NO. 2023-096 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE WALNUT STREET URBAN GREENING PROJECT 28. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Bus Stop Facility Improvements Project Department(s): Public Works Agency Recommended Action: Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Bus Stop Facility Improvements Project RESOLUTION NO. 2023-097 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA BUS STOP FACILITY IMPROVEMENTS PROJECT City Council 16 December 19, 2023 29. Adopt a Resolution Authorizing Ceremonial Street Naming of Lydia Romero-Cruz Way (General Fund) Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution authorizing the ceremonial street naming of Lydia Romero-Cruz Way along Lincoln Avenue from Washington Avenue to Stafford Street. RESOLUTION NO. 2023-098 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING AND AUTHORIZING A CEREMONIAL STREET NAME OF LYDIA ROMERO-CRUZ WAY ALONG LINCOLN AVENUE FROM WASHINGTON AVENUE TO STAFFORD STREET 2. Direct Staff to install two ceremonial signs at the intersections of Lincoln Avenue at Washington Avenue and at Lincoln Avenue at Stafford Street. MINUTES: Councilmember Hernandez spoke regarding Lydia Romero-Cruz. Councilmember Vazquez spoke in support of the item and regarding Lydia Romero-Cruz. 30. Resolution Authorizing Ceremonial Street Naming of Josephine “Chepa” Andrade Way (General Fund) Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution authorizing the ceremonial street naming of Josephine “Chepa” Andrade Way, along Logan Street from Washington Avenue to Stafford Street. RESOLUTION NO. 2023-099 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING AND AUTHORIZING A CEREMONIAL STREET NAME OF JOSEPHINE “CHEPA” ANDRADE WAY ALONG LOGAN STREET FROM WASHINGTON AVENUE TO STAFFORD STREET 2. Direct staff to install two ceremonial signs at the intersections of Logan Street at Washington Avenue and Logan Street at Stafford Street. MINUTES: Councilmember Hernandez spoke regarding Chepa and the ceremonial street topper. Councilmember Bacerra spoke in support of the item. City Council 17 December 19, 2023 **END OF CONSENT CALENDAR** MINUTES: At 6:47 P.M., the Business Calendar was considered. 31. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services addressing Quality-of-Life concerns, in an Amount not to Exceed, $3,841,845.51 beginning January 1, 2024 through December 31, 2024 (Non-General Fund) (Continued from the City Council Meeting of December 5, 2023, Item No. 08) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc., DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds and addresses quality-of-life services from January 1, 2024 through December 31, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-235). OR 2. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc., DBA City Net in an amount not to exceed $3,571,134.90 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds and addresses quality-of-life services from January 1, 2024 through December 31, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-XXX) 3. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available (Agreement No. A-2023-236). MINUTES: Homeless Liaison Service Manager Kenneth Gominsky gave a presentation regarding the Santa Ana Multidisciplinary Street Outreach and Engagement Team (SMART). Mayor Pro Tem Lopez asked questions regarding the metrics on what the return is, stated she would like the services in house, and spoke in support of the item. Councilmember Bacerra spoke regarding CityNet, spoke in opposition to the agreement and stated he could only support a six-month period until services are brought in house. BUSINESS CALENDAR City Council 18 December 19, 2023 Mayor Pro Tem Lopez left the meeting at 7:01 P.M. Mayor Amezcua asked what the Police Department’s plan is to improve the current situation and the number of police officers, and spoke in support of option 1. Acting Police Chief Robert Rodriguez spoke regarding number of officers and the Police Department’s role in addressing and assisting with the current situation. Mayor Amezcua asked questions regarding emergency exits, amount of money spent this year, process of booking a homeless person, and number of beds and teams. Manager Gominsky answered questions and provided clarification. Councilmember Vazquez asked if CityNet is meeting the goals. Manager Gominsky spoke regarding CityNet and the terms of the contract. Councilmember Phan spoke regarding CityNet, requested alternatives to CityNet, additional resources and potential in-house services, and spoke in support of a one- year contract with CityNet. Manager Gominsky spoke regarding the cost associated with bringing the services in- house, and stated an approximate of $7.745 million dollars. Councilmember Hernandez spoke regarding CityNet and the importance of the contract and spoke in support of the contract. Councilmember Bacerra expressed concern regarding the lack of services from CityNet, spoke regarding CityNet statistics and addition of prosecutors in the City Attorney’s Office, and requested an analysis within six months for comparable in- house services. Manager Gominsky spoke regarding CityNet data and statistics. Assistant City Manager Steven Mendoza spoke regarding costs for in-house services provided by Homeless Liaison Services Manager Gominsky. Councilmember Bacerra requested a thorough analysis be conducted and have staff come back in six-months with the data. Mayor Amezcua requested the data be presented in a three months’ timeframe and asked for clarification regarding in-house services for prosecutors. City Attorney Sonia Carvalho spoke regarding prosecutor services. Mayor Amezcua requested prosecutor services be further looked into and questioned City Council 19 December 19, 2023 motel stay given by CityNet. Manager Gominsky spoke regarding the allotment of monies to individuals/families. MOTION: Councilmember Hernandez moved to approve recommended action no. 1 for Agenda Item No. 31, as amended, to direct staff to return with an analysis within three months and direct the City Manager’s Office to meet with Supervisor Sarmiento’s Office regarding a multi-agency approach to efforts, seconded by Councilmember Phan. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NONE MAYOR PRO TEM LOPEZ Status: 6 – 0 – 1 – Pass **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: None. 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 Councilmember Hernandez, Mayor Pro Tem Lopez, and himself and are in support of the c ease fire and announced his opposition to there being no public comment period. He spoke regarding the cease- fire. Councilmember Penaloza wished everyone a Merry Christmas and Happy New Year. Councilmember Phan stated she was disappointed that the gallery was cleared due to behavior that prevented the city from doing business, spoke regarding self-reflection, and wished everyone a Merry Christmas and Happy New Year. Councilmember Hernandez thanked staff for their hard work and efforts, apologized to everyone for the lack of public comments, thanked all for celebrating Seniors, announced a toy giveaway and Winter Wonderland on Friday at Artesia Pilar and El Salvador Park, and wished everyone Happy Holidays and a Happy New Year. City Council 20 December 19, 2023 Mayor Amezcua asked the City Attorney to clarify regarding the clearing of the gallery. City Attorney Sonia Carvalho spoke regarding rules and procedures for City Council meetings. Councilmember Bacerra thanked all City staff, residents, and business for their hard work, efforts, and participation, and wished everyone a Happy New Year. Mayor Amezcua thanked City staff for their hard work and efforts, congratulated Rosa Flores on her retirement, spoke regarding the toy giveaway, and thanked all organizations that participated and donated. She spoke regarding letters received from Franklin Elementary 3rd graders addressing city issues, and wished everyone a Merry Christmas and Happy New Year. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 8:13 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 1 01/16/2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tem Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. January 16, 2024 CLOSED SESSION MEETING – 4:30 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 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:40 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 Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall City Council 2 01/16/2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Phan, and Vazquez, Mayor Pro Tem Lopez (via teleconference), and Mayor Amezcua were present. Councilmembers Bacerra and Penaloza joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall announced Ramon Figueroa as the agency negotiator for Closed Session Item No. 3. Councilmember Phan recused herself from Closed Session Item No. 1 as the listed entity, Orange County Water District, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda Items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: •In re Aqueous Film­Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18­mn­2873­RMG 2.CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property Address: 849 N. Garnsey St., APN: 005­142­01 Agency Negotiator: Interim City Manager Tom Hatch Negotiating Party: Carlos J & Olivia Saldivar Terms: Potential Acquisition 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Employee Relations Manager Employee Organization: City Council 3 01/16/2024 •Santa Ana Police Officers Association (POA) 4.PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957 Title: 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 4 01/16/2024 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tem Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:07 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Mayor Valerie Amezcua Interim City Manager City Attorney City Clerk Tom Hatch Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (via teleconference), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Mario Alvarado WORDS OF INSPIRATION Gustavo Hernandez ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated that the Agenda Item No. 9 title includes an approval of an appropriation adjustment that is not required and is not part of the recommended action, for Agenda Item No. 11 there was a missing “x” on exhibit c Page 3 of the agreement, and Public Hearing Agenda Item No. 27 has a revised exhibit 3 to correct typographical errors. CEREMONIAL PRESENTATIONS 1.Certificate of Recognition presented by Councilmember Bacerra to the Santa Ana College Football Team for Exceptional Athletic Accomplishments MINUTES: Councilmember Bacerra presented a certificate of recognition to the Santa Ana Football Team for their exceptional accomplishments. City Council 5 01/16/2024 2.Certificates of Recognition presented by Councilmember Hernandez to the Sauvecito Foundation and the Midnite Cruisers for Outstanding Contributions to the Community MINUTES: Councilmember Hernandez presented a certificate of recognition to the Sauvecito Foundation and the Midnite Cruisers for their outstanding contributions to the community. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there were no reportable actions. Mayor Pro Tem Lopez thanked Gustavo Hernandez for the Words of Inspiration. Mayor Amezcua stated the Public Hearings followed by the Business Calendar would be considered prior to the Consent Calendar. She stated the public comment period would be limited to two (2) minutes per speaker. CONSENT CALENDAR WAS MOVED OUT ORDER AND HEARD AFTER THE BUSINESS CALENDAR PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 6:30 P.M., Public Hearings were considered. 26.Amendment Application No. 2023­04 and Zoning Ordinance Amendment No. 2023­ 03 for the expansion of Vista Heritage Charter School located at 601 North Fairview Street Published in the Orange County Reporter on January 5, 2024 and notices mailed on January 4, 2023. Department(s): Planning and Building Agency Recommended Action: 1.Approve first reading of an ordinance approving Amendment Application (Zone Change) No. 2023­04. ORDINANCE NO. NS­3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023­04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405­241­04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD­82) City Council 6 01/16/2024 2.Adopt first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023­03 as conditioned. ORDINANCE NO. NS­3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023­03 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD­82) TO EXPAND THE BOUNDARIES OF THE SD­82 AND TO AMEND VARIOUS SECTIONS OF THE SD­ 82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS 3.Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 – Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Vista Heritage Charter School. Mayor Amezcua opened the Public Hearing a 6:39 P.M. The following speakers addressed the City Council in­person: 1.Collin Felch, Applicant, spoke in support of the item. 2.Illari Olascoaga spoke about her experience at Vista Charter School. 3.Leon Raya spoke in support of the project. 4.Zoila Lubin spoke in support of the project. 5.John Ramirez spoke in support of the project. City Clerk Jennifer L. Hall stated there we no additional speakers and reported out the summary of five (5) email comments received. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 6:50 P.M. Councilmember Hernandez spoke regarding the Vista Charter School and in support of the project, and asked for the demographic of students. Collin Felch spoke regarding the demographic of Vista Charter School. City Council 7 01/16/2024 MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 26, 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 27.Ordinance Amendment No. 2023­04 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023­ 05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023­04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions. Published in the Orange County Reporter on January 5, 2024. Department(s): Planning and Building Agency Recommended Action: 1.Approve first reading of an ordinance amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments. ORDINANCE NO. NS­3057 entitled ORDINANCE AMENDMENT NO. 2023­04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 2.Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS­3058 entitled ORDINANCE AMENDMENT NO. 2023­05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 3.Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions. City Council 8 01/16/2024 ORDINANCE NO. NS­3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023­04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, AND BILLBOARDS 4.Determine that, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023­115, 2023­125, and 2023­ 126 will be filed upon adoption of these ordinances. MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Annual Code Updates. Mayor Amezcua opened the Public Hearing at 6:59 P.M. The following speakers addressed the City Council in­person: 1.Jordan Sisson expressed concern regarding zoning amendments and requested hotel related items be removed from the ordinance amendments. He requested additional public comments be allowed. 2.Juliana Musheyev spoke in opposition to the hotel related amendments. MOTION: Councilmember Hernandez moved to allow additional public comments for Public Hearing Item No. 27, seconded by Mayor Pro Tem Lopez. MINUTES: Councilmember Phan asked for clarification regarding allowing additional public comments for public hearings. City Attorney Sonia Carvalho provided clarification regarding public comments. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA COUNCILMEMBER BACERRA NONE NONE Status: 6 – 1 – Pass City Council 9 01/16/2024 MINUTES: 3.Drew Snittson spoke regarding the proposed amendments related to fireworks. 4.Daniel Thomas spoke regarding the proposed amendments related to fireworks. 5.Cenorino Gomez (translation: Spanish) expressed concern regarding the amendments related to hotels. 6.Jenny Rodriguez (translation: Spanish) expressed concern regarding the amendments related to hotels. 7.Elvia Espinosa (translation: Spanish) expressed concern regarding the amendments related to hotels. 8.Parker Shea expressed concern regarding the amendments related to hotels. 9.James Brine expressed concern regarding the amendments related to hotels. City Clerk Jennifer L. Hall stated there were no additional speakers and reported out the summary of one (1) email comment received. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 7:23 P.M. Councilmember Hernandez thanked staff for the presentation, spoke regarding the amendments, and requested a continuation of recommended action no. 3. Councilmember Bacerra thanked staff for the code amendment updates, spoke regarding the proposed amendments, and spoke in opposition to the hotels and communication facilities amendments. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 27, as amended to remove the provisions for motels, hotels and wireless communication services, seconded by Councilmember Hernandez. MINUTES: Councilmember Penaloza spoke in support of the item except the provisions regarding hotels and communication services. Councilmember Phan spoke in support of recommended action nos. 1 and 2 and spoke regarding displacement of housing and the importance of Transient Occupation Tax (TOT) and hotels. Mayor Pro Tem Lopez thanked staff for the presented staff report and spoke in opposition to hotel amendments. Councilmember Penaloza spoke regarding safety and security at hotels. City Council 10 01/16/2024 SUBSTITUTE MOTION: Councilmember Phan moved to approve recommended action nos. 1 and 2 and continued recommend action no 3 for Agenda Item No. 27. MINUTES: Substitute motion died due to lack of a second. Mayor Amezcua spoke regarding sales tax revenue and sunset of the sales tax measure. Mayor Pro Tem Lopez spoke regarding generating revenue. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 27, as amended to remove the provisions for motels, hotels, and wireless communication services, 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 MINUTES: At 7:42 P.M., the Business Calendar was considered. 25.Election of Mayor Pro Tem for 2024 Department(s): City Clerk’s Office Recommended Action: Nominate and elect one Councilmember to serve as Mayor Pro Tem for calendar year 2024. MINUTES: Mayor Amezcua opened public comments for the Business Calendar. There being no requests to speak, Mayor Amezcua closed the public comment period. Councilmember Bacerra nominated Councilmember Phan as Mayor Pro Tem, seconded by Councilmember Penaloza. Councilmember Vazquez nominated Councilmember Hernandez as Mayor Pro Tem, seconded by Mayor Pro Tem Lopez. BUSINESS CALENDAR City Council 11 01/16/2024 MOTION: Mayor Amezcua moved to close nominations for Mayor Pro Tem for calendar year 2024, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass MOTION: Councilmember Bacerra moved to appoint Councilmember Phan as the Mayor Pro Tem for calendar year 2024, seconded by Councilmember Hernandez. The motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NONE NONE Status: 4 – 3 – Pass MOTION: Councilmember Vazquez moved to appoint Councilmember Hernandez as the Mayor Pro Tem for calendar year 2024, seconded by Mayor Pro Tem Lopez. The motion failed, 3-4, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NONE NONE Status: 3 – 4 – FAIL MINUTES: Thai Viet Phan appointed as Mayor Pro Tem for Calendar year 2024. **END OF BUSINESS CALENDAR** City Council 12 01/16/2024 PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: City Clerk Jennifer L. Hall report out the summary of one (1) email comment received for Agenda Item No. 12. The following speakers addressed the City Council in-person: 1. Victor Mendez spoke regarding Agenda Item Nos. 6 and 24. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 24 and waive reading of all resolutions and ordinances MINUTES: At 7:46 P.M., Councilmember Penaloza pulled Agenda Item No. 24 for separate discussion and consideration. Councilmember Vazquez requested to comment on Agenda Item No. 15. Mayor Pro Tem Phan recused herself from Agenda Item No. 16 as the listed entity is a client of her employer, Rutan and Tucker. Mayor Amezcua pulled Agenda Item Nos. 12-14 and 19 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 3 through 24 with the exception of Item Nos. 12-14, 19, and 24 for separate discussion and consideration, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 3.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. CONSENT CALENDAR City Council 13 01/16/2024 4.Minutes from the Regular Meeting of July 18, 2023 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 5.Appointments to the Santa Ana Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint Natasha Milatovich (replacing Bridget Kavanaugh) for a partial four­year term expiring May 31, 2024 and Mat Garcia (replacing Andy Wadhera) for a partial four­year term expiring May 31, 2026 to the Santa Ana Workforce Development Board. 6.Receive and File: Fiscal Year 2022­23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed­Upon­Procedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2023: 1.The Auditor’s unmodified “clean” opinion letter for the fiscal year 2022­23 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) 2.Government Auditing Standards (GAS) Letter 3.Governance Letter 4.Air Quality Management District (AQMD) Audited Financial Statements 5.The Auditor’s report on the Appropriations Limit (GANN Limit) 6.The Auditor’s report on compliance with the Statement of Investment Policy 7.Measure X Agreed­Upon­Procedures Report 7.Receive and File the Certification of Approval by City Engineer of Final Tract Map 2019­02, County Tract Map No. 19064 For 301 and 305 North Mountain View Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2019­02. 8.Award a Purchase Order Contract to Los Angeles Truck Centers for One Rizon e18L EV Truck, in an Amount Not­to­Exceed $237,588 (Bid No. 23­190) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an appropriation adjustment recognizing $237,588 in prior­year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services­Air Quality Improvement expenditure account. (Requires five affirmative votes) City Council 14 01/16/2024 2.Authorize a one­time purchase and payment of a Purchase Order to Los Angeles Truck Centers for one 2023 Rizon e18L EV Truck, in an amount not to exceed $237,588, including a $20,000 contingency amount. 9.Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 21­6897, 22­ 6897, 23­6897, 24­6897) (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute second amendments to agreements for traffic counting services with AimTD, LLC and Transportation Studies, Inc., to increase the agreement aggregate amount by an additional $100,000, for a total agreement aggregate amount of $240,000 from June 30, 2024 to June 30, 2025 (Core Agreement No. A­2024­001). 10.Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 23­6999) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an amendment to the Fiscal Year 2023­24 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane). 2.Approve an appropriation adjustment to recognize Transportation System Impact Authority Area A funds in an amount of $839,168 in the Prior Year Carry Forward revenue account, and appropriate the same amount to the Transportation System Impact Authority Area A, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 3.Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 24­ 2600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23­6999) to complete the project funding requirement. 4.Award a construction contract to Baker Electric & Renewables LLC., the lowest responsive bidder, in accordance with the base bid in the amount of $691,335, 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 new Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term beginning December 19, 2023 and ending upon project City Council 15 01/16/2024 completion. 5.Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work. 6.Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER­2020­96 was filed for the project 23­6999. 11.Cooperative Agreement with the Orange County Transportation Authority for the Operations and Maintenance of the OC Streetcar System (Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Operations and Maintenance of the OC Streetcar System for a term beginning on the effective date of this agreement for a period of 50 years, with an optional 20­year extension at the discretion of OCTA (Agreement No. A­2024­002). AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 12.Approve an Agreement with Professional Sports Field Maintenance, Inc. for Infield Maintenance Services at City Parks and Facilities in an Amount Not­to­Exceed $2,759,035 (RFP No.23­152) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount not­to­exceed $459,839, plus an annual contingency of $91,968, for a total amount not­to­exceed $2,759,035, for a three­year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one­year extensions (Agreement No. A­2024­003). MINUTES: Mayor Amezcua spoke regarding saving monies and questioned whether employees can complete these jobs for Agenda Item Nos. 12, 13, 14, and 19. Councilmember Hernandez spoke regarding not approving contracts that take jobs away from current employees and questioned the capacity for in-house services. Interim City Manager Tom Hatch spoke regarding the extension of current contracts and contract services provided. He stated the contracts supplement current workload provided by employees. Mayor Amezcua spoke regarding employee vacancies in the City and questioned why contract services are not completed by unfilled positions. City Council 16 01/16/2024 Interim City Manager Hatch spoke regarding the current vacancies and clarified the contract services being provided. MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 12, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 13.Approve an Agreement with RPW Services, Inc. for Integrated Pest Management (IPM) and Pest Control Services at City Parks and Facilities in an Amount Not to Exceed $3,966,300 (RFP No. 23­153) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with RPW Services, Inc. for integrated pest management and pest control services in an annual amount not­to­exceed $661,050, plus an annual contingency of $132,210, for a total amount not­to­exceed $3,966,300 for a three­year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one­year extensions (Agreement No. A­2024­004). MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 13, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass City Council 17 01/16/2024 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 14.Approve a Takeover Agreement with Great American Insurance Group to Take Over the Santa Ana Zoo Giant River Otter and Primate Trails Project and Approve an Amendment to the Agreement with CLR Design to Increase the Construction Administration Services Amount by $75,000 for a New Estimated Total Services Cost of $193,000 (Project No. 16­2658) (Non­General Fund) Department(s): Public Works Agency Recommended Action: 1.Authorize the City Manager to execute a takeover agreement with Great American Insurance Group subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works construction, to take over the Santa Ana Zoo Giant River Otter and Primate Trails Project and be responsible for the completion of all work in accordance with the contract (Agreement No. A­2024­005). 2.Authorize the City Manager to execute a first amendment to the agreement with CLR Design Inc. for construction support services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, to increase the amount by $75,000, for a total agreement amount of $193,000 (Agreement No. A­2024­006). MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 14, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 15.Approve Aggregate Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance at City Parks and Facilities in an Aggregate Amount Not­to­Exceed $35,737,920 (RFP No. 23­151) (General Fund and Non­General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute aggregate agreements to DMS Facility Services, Landscape West Management Services, Mariposa City Council 18 01/16/2024 Landscapes, Inc., and Pacific Coast Horticulturists for landscape maintenance services in an annual aggregate amount not­to­exceed $5,228,321, plus an annual contingency of $1,919,264, for a total aggregate amount not­to­exceed $35,737,920 for a three year term beginning February 1, 2024, and expiring January 31, 2027, with provisions for two, one­year extensions (Core Agreement No. A­2024­007). MINUTES: Councilmember Vazquez spoke in support of the item. 16.First Amendment to the Density Bonus Housing Agreement for Legacy Square Department(s): Community Development Agency Recommended Action: Approve a First Amendment to the Density Bonus Housing Agreement with National Community Renaissance of California and Legacy Square, L.P. for the permanent loan conversion of Legacy Square (Agreement No. A­2024­008). MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 16 as part of the Consent Calendar, seconded by Mayor Amezcua. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN (recusal) NONE Status: 6 – 0 – 1 – Pass 17.Approve a First Amendment to the Fiscal Year 2023­24 Emergency Solutions Grant (ESG) Memorandum of Understanding with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with Interval House to Provide Emergency Shelter and Supportive Services to Victims of Domestic Violence from the City of Santa Ana Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a First Amendment to the Santa Ana Police Department Homeless Evaluation Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 ­ June 30, 2024 for additional street outreach activities (Agreement No. A­2024­009). 2. Authorize the City Manager to execute a First Amendment to the Interval House Subrecipient Agreement to increase the amount of the agreement by $32,393.00 for program year July 1, 2023 ­ June 30, 2024 to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Agreement No. A­2024­010). City Council 19 01/16/2024 18.Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers (“Concentra”) to Provide Pre­ Employment Medical Services Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Concentra to provide a comprehensive medical services review program in an amount not to exceed $450,000 for a three­year term from January 31, 2024 through January 30, 2027, with the option for the City to grant up to two 1­year renewals of $150,000 each additional year, in an amount not to exceed $750,000 over a five­year term (Agreement No. A­2024­011). AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 19.Second Amendment to Agreement with A1 Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $45,000 per Year through March 31, 2025, for a Total Increase of $90,000 and New Agreement Total of $540,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to an agreement with A1 Party Rental for event equipment rental services at City events to increase the annual amount by $45,000 per year through March 31, 2025, for a total increase of $90,000 and new agreement total of $540,000 (Agreement No. A­2024­ 012). MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 19, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 20.Second Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Increase the Total Agreement Not To Exceed Amount by $185,000 through March 31, 2025, for a New Total Not to Exceed Amount of $400,000 (General Fund) Department(s): Parks, Recreation, and Community Services City Council 20 01/16/2024 Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to increase the total agreement not to exceed amount by $185,000 through March 31, 2025 for a new total not­to­exceed amount of$400,000 (Agreement No. A­2024­013). 21.Second Amendment to the Agreement with Matchpoint Tennis Academy LLC (“Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5­year extension (Agreement No. A­2024­014). 22.Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: 1.Authorize the City Manager or designee to execute the attached Mills Act agreements with the below­referenced property owners for the identified structure(s). Property Owner(s) Historic Property/Preser vation Agreement No. Address/House Vote by HRC Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 (Agreement No. A- 2024-015) 2023­10 2028 N. Greenleaf Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent) Daniel and Robbyn Taylor (Agreement No. A- 2024-016) 2023­11 1607 N. Freeman Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent) 2.Determine that, in accordance with the California Environmental Quality Act, the proposed projects are exempt for further review as Categorical Exemptions ER No. 2023­105 and 2023­107 will be filed for the projects. City Council 21 01/16/2024 23.Approve a First Amendment to Agreement with Data Ticket, Inc. (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Data Ticket, Inc. for automated parking citation and processing services for an additional amount of $730,351.69, for a total aggregate amount not to exceed $2,000,000 for the remaining term of the agreement expiring February 14, 2025 (Agreement No. A­2024­017). AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 24.Agreements with Enterprise Fleet Management for Leased Vehicles (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the following seven agreements with Enterprise FM Trust and Enterprise Fleet Mangement, Inc. for leased vehicles for the period of January 1, 2024 through April 18, 2026 for a total annual amount not to exceed $612,936, with a one­year extension option: (Core Agreement No. A-2024- 018) 1.Master Walkaway Lease Agreement; 2.Master Equity Lease Agreement; 3.Maintenance Management and Fleet Rental Agreement; 4.Supplemental Agreement between City and Enterprise; 5.Indemnity Agreement for Master Walkaway Lease Agreement; 6.Indemnity Agreement for Master Equity Lease Agreement; 7.Amendment to Maintenance Management and Fleet Rental Agreement. MINUTES: Councilmember Penaloza asked for clarification regarding the type/model of the leased vehicles throughout the department. City Attorney Sonia Carvalho provided clarification. Councilmember Penaloza requested the type of vehicles leased be discussed during labor negotiations. Councilmember Lopez left the meeting via teleconference at 8:03 P.M. City Council 22 01/16/2024 Mayor Amezcua spoke regarding the type of vehicles used by the Police Department, and requested information/ presentation regarding the type of vehicles, costs, and the police budget. MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 24 and direct staff to review and formulate the policy on the type of vehicles taken home as part of negotiations, seconded by Mayor Amezcua. 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 PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ NONE COUNCILMEMBER LOPEZ Status: 5 – 1 – 0 – 1 – Pass **END OF CONSENT CALENDAR** PUBLIC HEARINGS WERE HEARD OUT OF ORDER AND PRIOR TO THE BUSINESS CALENDAR BUSINESS CALENDAR WAS HEARD OUT OF ORDER AND PRIOR TO THE CONSENT CALENDAR RECESS MINUTES: Mayor Amezcua recessed the City Council meeting to address the Special Housing Authority and Special Successor Agency meetings at 8:06 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 8:09 P.M. PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: City Clerk Jennifer L. Hall clarified that speakers have total of two (2) minutes for their non-agenda comments. The following speakers addressed the City Council in­person: 1.Mario Alvarado spoke regarding forthcoming community events and invited all to attend. 2.Angel Valdez spoke regarding the Police Department’s towing process and requested it be updated. City Council 23 01/16/2024 3.Fernando Deveras spoke regarding freedom of expression, announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting, and requested to hear from Mayor Pro Tem Phan. 4.Jair Carra denounced Mayor Amezcua’s acts at the last City Council meeting, announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting, and spoke in support of a ceasefire resolution. 5.Kadisha Aburub spoke in support of a ceasefire resolution and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting 6.Shaheera Owaynat requested the ceasefire resolution be placed on the agenda and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 7.Farrah Miles spoke in support of the ceasefire resolution. 8.Massab Hammadi requested a ceasefire resolution be added to the agenda. 9.Nathaly Basto Camargo spoke regarding generating revenue. 10.Michael Diaz announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting and spoke regarding Mayor Amezcua’s comments at the December 5, 2023 City Council meetings. 11.Amal Alkala spoke regarding comments made by Mayor Amezcua at the December 5, 2023 City Council meeting and the environment at Gaza. 12.Omar Z. spoke regarding the environment at Gaza and requested the ceasefire resolution be placed on the agenda. 13.Lubna A. spoke regarding the environment in Gaza and the loss of Palestinian people, requested a ceasefire resolution, and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 14.Tasheem Mash spoke in support of a ceasefire resolution, requested the resolution be added to the agenda, and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 15.Basha Jamil spoke in support of a ceasefire resolution to end genocide in Gaza and the environment in Gaza, expressed concern regarding Mayor Amezcua comments and demeanors at the December 5 and December 19, 2023 City Council meetings, a n d announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech. City Council 24 01/16/2024 16.Jannah spoke regarding revenue and in support of the ceasefire resolution to end the war in Gaza. 17.Thanh Nguyen and Vivian Vu spoke regarding free dental screenings and dental care. 18.Catalina Iniestra (translation: Spanish) expressed concern regarding the safety and security at City parks and requested it be agendized. 19.Veronica Garcia (translation: Spanish) expressed concern regarding the safety, security, and maintenance at City parks and requested it be agendized to provide resolution to these issues. 20.Sadad Talhouni spoke in support of a ceasefire resolution in Gaza, requested the resolution be added to the agenda, and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 21.Yasir spoke in support of a ceasefire resolution in Gaza. 22.Juliana Musheyev spoke in support of a ceasefire resolution and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting and violation of the Brown Act. 23.Cas Henderling spoke in support of a ceasefire resolution in Gaza and the environment in Gaza. 24.Lesley Nguyen spoke in support of a ceasefire resolution, requested the resolution be added to the agenda, and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 25.Rocio Guzman (translation: Spanish) expressed concern regarding the safety and security at City parks and suggested resolutions to address some of the issues. 26.Claudia Morales (translation: Spanish) expressed concern regarding the environment in her area and rent increases and evictions. 27.Yohana Rojas (translation: Spanish) expressed concern regarding the safety, security, and maintenance at City parks and cancelled community activities. 28.Mirvette Judah spoke in support of a ceasefire resolution and the environment in Gaza, requested the resolution be added to the agenda and announced an ethics complaint against Mayor Amezcua for infringement of freedom of speech at the December 19, 2023 City Council meeting. 29.Veronica Gomez expressed concern regarding the safety, security, and maintenance at City parks. 30.Tom spoke regarding the environment at Gaza. City Council 25 01/16/2024 City Clerk Jennifer L. Hall reported out the summary of email comments received: 254 non-agenda comments. CITY MANAGER COMMENTS MINUTES: Interim City Manager Tom Hatch highlighted Agenda Item Nos. 6 and 15. Mayor Amezcua requested clarification of the clearing of the room at the past City Council meeting. City Attorney Sonia Carvalho provided clarification and addressed clearing of the room at the December 5 and December 19, 2023 City Council meetings and stated oral ethics complaints are not sufficient and require a written complaint. 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 congratulated Councilmember Penaloza on becoming a father, spoke regarding his ride-along with the Quality of Life team, thanked Supervisor Sarmiento for starting a homeless prevention funding, requested all to fill out the budget survey, and spoke in support of the ceasefire resolution. Councilmember Penaloza thanked all those who participated, announced that at last week’s Transportation Corridor Agency Meeting he was appointed as Vice Chair for the San Joaquin Hills Transportation Corridor Agency, congratulated the Mayor on her appointment to OCTA, and wished a Happy Birthday Day to Library Services Director Brian Sternberg, Principal Management Analyst Daniel Soto and Councilmember Vazquez. He announced the birth of his daughter Penelope Luna Penaloza. Councilmember Hernandez thanked City staff for their hard work and efforts, congratulated Councilmember Penaloza on becoming a father, and spoke in support of the ceasefire resolution. Councilmember Bacerra wished everyone a Happy New Year, congratulated Councilmember Penaloza on becoming a father and his Vice Chair appointment at Transportation Corridor Agency, congratulated Mayor Amezcua on her appointment on the OCTA Board of Directors, and Mayor Pro Tem Phan’s appointment as Mayor Pro Tem, reported a meeting with Supervisor Sarmiento, and requested an updated maintenance agreement regarding channels. City Council 26 01/16/2024 Mayor Pro Tem Phan congratulated Councilmember Penaloza on becoming a father, announced community events on March 1st for the free local water district tour, January 26th for the Little Saigon Ribbon Cutting Ceremony, and February 3rd for the TET Lunar New Year Festival, and thanked the City Council for her nomination as Mayor Pro Tem for 2024. Mayor Amezcua provided an update on the construction related to OCTA, spoke regarding the needle exchange program and requested a future special meeting related to the item, invited all to attend Coffee with the Mayor on January 27th at the Southwest Senior Center and Prayer Breakfast January 30 at Templo Calvario, announced the survey related to budget priorities, and spoke regarding community events and classes throughout the City. ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Esther Marin at 9:44 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 FEBRUARY 20, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California February 20, 2024 CLOSED SESSION MEETING – 4:00 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 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:20 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 2 FEBRUARY 20, 2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Lopez, Penaloza (arrived at 4:21 P.M.), and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez arrived during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:21 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: •Santa Ana Police Officers Association (POA) 2.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Mayra Mendoza and Giovanni v City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-0114729-CU-PA-CJC B. City of Santa Ana v Kenneth A. Steele and Ana Steele, et al., Orange County Superior Court, Case No. 30-2023-01313726-CU-El-CXC C. Kingsley Management Corp., et al v. City of Santa Ana, U.S. District Court (Central District), Case No. 8:22-cv-00076-CJC-JDE D. Kingsley Management Corp., et al v. City of Santa Ana, U.S. District Court (Central District), Case No. 8:23-cv-00102-CJC-JDE CITY COUNCIL 3 FEBRUARY 20, 2024 3.PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957 (b)(1) of the Government Code: Title: Independent Oversight Director to Santa Ana Police Oversight Commission 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 5.PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: Interim 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 4 FEBRUARY 20, 2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:33 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua Interim City Manager City Attorney City Clerk Tom Hatch Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Sergeant Shyla Jesmer, Marine Corps WORDS OF INSPIRATION Natalie J. Graham, California State University of Fullerton ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall stated Alejandra Rodriguez was not available to attend the City Council Meeting (Ceremonial Presentation No. 1), and Agenda Item No. 35 had been removed from the Consent Calendar. CEREMONIAL PRESENTATIONS 1.Certificate of Recognition Presented by Mayor Amezcua to Alejandra Rodriguez for Outstanding Contributions to the Community (Good Neighbor Award) MINUTES: Ceremonial Presentation No. 1 was not made. 2.Certificates of Recognition presented by Mayor Amezcua to the Willard Intermediate School Jazz Band for Outstanding Musical Performance CITY COUNCIL 5 FEBRUARY 20, 2024 MINUTES: Mayor Amezcua presented the Certificates of Recognition to the Willard Intermediate School Jazz Band for Outstanding Musical Performance. 3.Proclamation Presented by Mayor Pro Tem Phan to Nguyen’s Kitchen declaring February 10, 2024 as Tet/Lunar New Year MINUTES: Mayor Pro Tem Phan presented the Proclamation declaring February 10, 2024 as Tet/Lunar New Year to Nguyen’s Kitchen. 4.Certificates of Recognition Presented by Councilmember Bacerra to Rosa Carbajal and Mijail Bacila for Outstanding Acts of Heroism MINUTES: Councilmember Bacerra presented the Certificates of Recognition to Rosa Carbajal and Mijail Bacila for Outstanding Acts of Heroism. 5.Proclamation Presented by Councilmember Hernandez to Gweni’s Doll House Beauty Salon declaring February 2024 as Black History Month MINUTES: Councilmember Hernandez presented the Proclamation to Gweni’s Doll House Beauty Salon declaring February 2024 as Black History Month. 6.Certificate of Recognition Presented by Councilmember Lopez to Mauricio Yahir Trejo Najera for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented the Certificate of Recognition to Mauricio Yahir Trejo Najera for Outstanding Contributions to the Community. STAFF PRESENTATIONS 7.New Health Benefits for Non-Citizens- Cal Optima MINUTES: Cal Optima Chief Executive Officer Michael Hunn and County of Orange Social Services Agency Director An Tran gave a presentation regarding the overview of Medi-Cal renewal and expansion. Mayor Pro Tem Phan spoke regarding an upcoming Health Fair and commended the organizations. Councilmember Hernandez thanked the representatives for their time and information. Councilmember Lopez echoed previous comments. CITY COUNCIL 6 FEBRUARY 20, 2024 CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items. MINUTES: The following speakers addressed the City Council in person: 1. Dale Helvig spoke in support of Agenda Item No. 31. 2. Christine Contreras spoke regarding Eagleman Housing and Native America homelessness in the City. 3. Aiya Kanawati spoke regarding the genocide in Palestine and requested a cease- fire resolution. 4. Fernando Deveras spoke regarding the genocide in Palestine, an ethics complaint submitted against Mayor Amezcua, and expressed concern regarding Mayor Amezcua’s aide contract extension (Agenda Item No. 35). 5. Nina Jirik spoke regarding the need for parks and green space in her neighborhood and requested a feasibility study. 6. Pat Lenahan requested a feasibility study for a park in the Washington Square Neighborhood and spoke regarding neighborhood events. 7. Lupe Lopez spoke regarding the Eagleman Housing Project. The following speakers addressed the City Council via teleconference: 8. Vic D Mendez spoke regarding the mid-year budget report (Agenda Item No. 43). 9. Tim Johnson spoke regarding housing and requested resident training to assist the homeless (Agenda Item No. 11), spoke regarding the mid-year budget (Agenda Item No. 43), and requested a reordering of the agenda related to public comments. City Clerk Jennifer L. Hall reported out the summary of email comments received: Two (2) comments regarding Agenda Item No. 28 and 18 non-agenda comments. CITY COUNCIL 7 FEBRUARY 20, 2024 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 41 and waive reading of all resolutions and ordinances MINUTES: At 7:57 P.M. the Consent Calendar was considered. Councilmember Bacerra pulled Agenda Item Nos. 10, 11, 15, and 28 for separate discussion and consideration. Councilmember Hernandez requested to comment on Agenda Item No. 21. Councilmember Lopez pulled Agenda Item No. 28 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item Nos. 34 and 38 for separate discussion and consideration. Mayor Amezcua pulled Agenda Item Nos. 27 and 28 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 8 through 41 with the exception of Item Nos. 10, 11, 15, 27, 28, 34, and 38 pulled for separate discussion and consideration and Item No. 35 removed from consideration, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 8.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. CONSENT CALENDAR CITY COUNCIL 8 FEBRUARY 20, 2024 9.Minutes from the Regular Meeting of August 1, 2023, August 15, 2023, September 19, 2023, October 3, 2023, and October 17, 2023, and the Special Meetings of August 29, 2023, October 9, 2023, and October 30, 2023 Department(s): City Clerk’s Office Recommended Action: Approve minutes. AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 10.Quarterly Report for Housing Division Projects and Activities for the Period of October 1, 2023 to December 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2023 to December 31, 2023. MINUTES: Councilmember Bacerra spoke regarding the in-lieu fees generated and asked for clarification regarding the inclusionary housing in-lieu fees received for FY 23/24. Community Development Executive Director Mike Garcia stated The Met paid the in-lieu fees based upon their development agreement in advance. Planning and Building Director Minh Thai spoke regarding the development agreement with The Met. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 10, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 9 FEBRUARY 20, 2024 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 11.Homeless Services Quarterly Report for the Period of October 1, 2023 through December 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Homeless Services Projects and Activities for the period of October 1, 2023 through December 31, 2023. MINUTES: Councilmember Bacerra spoke regarding CityNet services and cases, asked whether tracking of services has been done, and stated the City does not have a homeless problem but rather a crime problem. Homeless Services Manager Kenneth Gominsky spoke regarding offered programs and services provided. Councilmember Lopez stated the City does have a homeless problem. Mayor Amezcua asked for clarification regarding the street exits housing placement. Manager Gominsky spoke regarding street outreach. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 11, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NONE MAYOR PRO TEM PHAN Status: 6 – 0 – 1 - Pass CITY COUNCIL 10 FEBRUARY 20, 2024 12.Appropriations Adjustment Recognizing Grant Revenue in the Amount of $1,086,754 for the California State Library Building Forward Library Facilities Improvement Program for the Newhope Library Renovation Project and Use of Previously Appropriated Funds in the Amount of $271,688 for the Local Match Requirement Department(s): Library Recommended Action: 1. Approve an appropriation adjustment to recognize $1,086,754 in grant revenue from the California State Library and appropriate $1,086,754 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes) 2. Approve the use of previously appropriated Cannabis Public Benefit funds for the local match requirement in the amount of $271,688. 13.Approve Appropriation Adjustment in the Amount of $1,150,000 and Additional Contingency Funds in the Amount of $1,100,000 for an Existing Construction Contract with James W. Fowler Co., and Additional Contract Administration, Inspection, and Testing in the Amount of $50,000 with an Estimated Project Delivery Cost of $8,400,000 for the SR-55/Ritchey Street Water Improvements Projects (Project Nos.19-6438, 19-6439, 19-6440) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $1,150,000 in reimbursement obligation funds from Orange County Transportation Authority (OCTA), as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement­OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis in the amount of $1,150,000 for $1,100,000 in additional contingency funds and $50,000 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $8,400,000. CITY COUNCIL 11 FEBRUARY 20, 2024 14.Approve an Appropriation Adjustment for the Santa Ana Regional Transportation Center Transit Beautification Projects Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize $1,975,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing project, and the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation project. (Requires five affirmative votes) AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 15.Approve an Appropriation Adjustment and Award a Purchase Order to Santa Ana Guaranty Chevrolet Motors, Inc. for Eight EV Blazer SUVs, in an Amount Not-to- Exceed $563,304 (Bid No. 23-184A) (Non-General and General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $214,364 in prior­year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services­Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one­time purchase and payment of purchase order to Santa Ana Guaranty Chevrolet Motors, Inc. for eight Chevrolet EV Blazer SUVs, in an amount not­to­exceed $518,304, with a $45,000 contingency. MINUTES: Councilmember Bacerra spoke regarding community outreach and thanked Public Works Director Nabil Saba and staff for their hard work and efforts. Councilmember Hernandez thanked the Public Works Agency for keeping the purchase local. Mayor Pro Tem Phan asked whether all future purchases will be EV and regarding federal funding opportunities for EV purchases. Public Works Director Nabil Saba spoke regarding future purchases, state requirements, and federal funding opportunities. CITY COUNCIL 12 FEBRUARY 20, 2024 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 15, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 16.Award a Purchase Order to Econolite Control Products, Inc. in an Amount of $94,720 (Bid No. 23-176) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one­time purchase and payment of purchase order to Econolite Control Products, Inc. for ten assembled traffic signal controller cabinets in an amount of $94,720 plus a contingency of $5,000, for a total amount not to exceed $99,720. 17.Award Aggregate Inventory Blanket Order Contracts for Water Meter Boxes and Lids to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, in a Total Aggregate Amount Not to Exceed of $3,000,000 for a three-year term beginning February 6, 2024 and Expiring February 5, 2027, With Provisions for up to Three Additional One-Year Renewal Periods (Specification No. 23-102) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award Blanket Order Contracts to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, to provide water meter boxes and lids for a shared aggregate amount not to exceed $3,000,000, for a three­ year term beginning February 6, 2024 and expiring February 5, 2027, with provisions for three, one­year renewal periods, in accordance with each vendor’s respective contract terms and conditions. 18.Approve an Appropriation Adjustment and a Lease Agreement with RailWorks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a Five-Month Term with 12 One-Month Extensions, for a Total Amount of $73,031 (Non- General Fund) Department(s): Public Works Agency CITY COUNCIL 13 FEBRUARY 20, 2024 Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with Railworks Track Services, Inc. to compensate the City $4,356 per month, with any partial month prorated at $145 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a five­month term beginning February 6, 2024 and ending June 30, 2024, with the option of 12 one­month extensions, for a total of $73,031 in lease revenue for the entire term of the agreement, including the optional extensions (Agreement No. A-2024-019). 2. Approve an appropriation adjustment recognizing Fiscal Year 2023­24 lease income in the amount of $20,759 into the SARTC Operations, Rental­RailWorks revenue account and appropriate the same amount to the SARTC Operations, Contractual Services­Professional expenditure account. (Requires five affirmative votes) 19.Approve an Appropriation Adjustment and Approve an Eighth Amendment with Landscape West Management Service, Inc. to Increase the Contract Amount by $277,500 for Landscape Services (Project No. 24-6602) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment accepting $75,000 in the PWA Enterprise Capital Grants, Miscellaneous Revenue account and appropriate the same amount to the WaterSMART­Watershed Mgmt Prog expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an eighth amendment to the agreement with Landscape West Management Services, Inc. to increase the contract amount by $277,500, for a total agreement amount not to exceed $8,499,500 (Agreement A-2024-020). 20.Approve Third Agreement Amendments for Emergency On-Call Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on­call emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Core Agreement A-2024-021). CITY COUNCIL 14 FEBRUARY 20, 2024 21.Approve an Agreement with Working Wardrobes to Provide Workforce Development Services to Unemployed People with Barriers to Employment Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce development services, including workforce readiness workshops, job development, career planning, and job training in an amount not to exceed $742,000, for a term commencing February 6, 2024 and expiring December 31, 2025 (Agreement No. A-2024-022). MINUTES: Councilmember Hernandez and Mayor Amezcua spoke in support of the agreement. 22.Agreement with Torti Gallas + Partners, Inc. (TGP) to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an Amount Not to Exceed $799,282 (Specification No. 23-011) (General Fund and Non-General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an agreement with Neal I. Payton Architectural Corporation dba Torti Gallas + Partners, Inc. (TGP) to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas, in an amount not to exceed $799,282 for a two­ year term beginning on February 6, 2024 and expiring on January 31, 2026, with provisions for a one two­year extension (Agreement No. A-2024-023). 23.Adopt a Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management Department(s): Human Resources Recommended Action: Adopt a Resolution that amends the City’s Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to adjust the salary schedule of the Library Services Director. RESOLUTION NO. 2024-001 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) CITY COUNCIL 15 FEBRUARY 20, 2024 24.Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023- 03 for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street (Second Reading) Legal notice published in the OC Reporter on January 19, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application (Zone Change) No. 2023­04. ORDINANCE NO. NS-3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023­04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405­241­04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD­82) 2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023­03 as conditioned. ORDINANCE NO. NS-3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023­ 03 ­ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD­82) TO EXPAND THE BOUNDARIES OF THE SD­82 AND TO AMEND VARIOUS SECTIONS OF THE SD­ 82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS 3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines. CITY COUNCIL 16 FEBRUARY 20, 2024 25.Ordinance Amendment No. 2023-04 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments (Second Reading); Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks (Second Reading); and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Billboards and General Restrictions (Second Reading) Legal notice published in the OC Reporter on January 19, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Find and determine that the adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time. 2. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023­04 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of the ordinance to specific development amendments. ORDINANCE NO. NS-3057 entitled ORDINANCE AMENDMENT NO. 2023­04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 3. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023­05 amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS-3058 entitled ORDINANCE AMENDMENT NO. 2023­05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 4. Conduct second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2023­04 amending Chapter 41 (Zoning) of the SAMC addressing billboards and general restrictions. CITY COUNCIL 17 FEBRUARY 20, 2024 ORDINANCE NO. NS-3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023­ 04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS 26.Appoint Nathaniel Greensides Nominated by Councilmember Hernandez as the Ward 5 Representative to the Personnel Board for a Partial –Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Nathaniel Greensides to the Personnel Board as the Ward 5 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Nathaniel Greensides. AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 27.Receive and File Boards and Commissions Biannual Attendance Report for June through December 2023 Department(s): City Clerk’s Office Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report. MINUTES: Mayor Amezcua requested vacancies be filled on boards and commissions and directed staff to look at disbanding boards that have never met. She expressed concern regarding lack of quorum on boards and commissions. Councilmember Bacerra asked how many times the Youth Commission has met and requested staff work on convening the Youth Commission meeting. Parks, Recreation, and Community Services Director Hawk Scott stated the Youth Commission has only met once over the last year and spoke regarding the lack of quorum. Mayor Amezcua suggested changing the location of the meeting and/or facilitating transportation needs. Councilmember Penaloza questioned the Youth Commission stipend and whether the Commission meets in person or via Zoom. CITY COUNCIL 18 FEBRUARY 20, 2024 City Clerk Jennifer L. Hall stated all stipends have increased for all boards and commissions and spoke regarding Brown Act rules related to meeting location and teleconferencing. City Attorney Sonia Carvalho explained legislative body Brown Act rules related to the Youth Commission. Councilmember Penaloza spoke regarding advertising on social media. Councilmember Vazquez suggested picking up and dropping off youth commissioners for their meetings. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 27 and direct staff to return with options for the Youth Commission, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 28.Approve an Addendum to the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities Department(s): Community Development Agency Recommended Action: Authorize the City Manager to issue an Addendum to the Fiscal Year 2023­24 Request for Proposals for Affordable Homeownership Opportunities to expand the types of eligible proposals for affordable rental projects with a development site preference for specific areas in the City and revise the name to Request for Proposals for Affordable Housing Development. MINUTES: Councilmember Bacerra asked for clarification regarding the means of contact to affordable housing membership associations, developers, and non- profit organizations, questioned the targeted five areas, and requested staff do proactive research and come back with a status update within six-months. CITY COUNCIL 19 FEBRUARY 20, 2024 Community Development Executive Director Mike Garcia stated staff conducted phone calls, emails, and letters as a form of awareness and notification to affordable housing membership associations, developers, and non-profit organizations, spoke regarding the process of the RFP and the proposed addendum, and focused areas for single lot development. He suggested an open- until-filled process with an initial review of RFP responses by April 1, 2024 and a six-month deadline. Councilmember Lopez spoke in support of the item and requested staff be cautions with larger corporations renting out the affordable housing units and an expansion of the hotel conversion area. Councilmember Hernandez spoke in support of the item. MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 28, as amended to staff being cautions with larger corporations renting out affordable housing units and an expansion of the hotel conversion area, seconded by Councilmember Hernandez. MINUTES: Councilmember Bacerra asked for clarification regarding the expansion of the targeted five areas and the amount of tax revenue generated related to affordable housing. He stated affordable housing is not an economic opportunity. Director Garcia clarified that is no tax revenue is generated related to affordable housing. Mayor Amezcua thanked staff for their hard work and efforts and spoke regarding the importance of affordable homeownership. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 28, as amended with the removal of the rental component and to keep the response deadline open with status updates by staff, seconded by Mayor Amezcua. MINUTES: Councilmember Vazquez spoke regarding the need for rental properties and spoke in support of the item. Mayor Pro Tem Phan asked for clarification regarding additional outreach and whether there was a deadline for Project Homekey. Director Garcia spoke regarding affordable homeownership and rental, and Project Homekey funding. CITY COUNCIL 20 FEBRUARY 20, 2024 The substitute motion carried, 4-3, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ NONE NONE Status: 4 – 3 – Pass 29.Approve an Appropriation Adjustment to Recognize Additional Measure M2 Regional Capacity Program Funds and Amend the FY 2023-24 Capital Improvement Program for Bristol Street Improvements Phase 3A & 4 (Projects 13-6792, 11-6741) (Non- General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve appropriation adjustments to recognize additional approved Measure M2 Competitive funds by the Orange County Transportation Authority due to increased construction costs in the amounts of $205,949 and $317,276 for Bristol Street Improvements Phase 3A & 4 (Project No. 13­6792, 11­6741). (Requires five affirmative votes) 2.Approve amendments to the Fiscal Year 2023­24 Capital Improvement Program to add the additional Measure M2 Competitive funds to Bristol Street Improvements Phase 3A & 4 (Project No. 13­6792, 11­6741). 30.Approve an Appropriation Adjustment and Award a Purchase Order to National Auto Fleet Group for Two Ford F-150 Lightning EV Trucks in an Amount Not to Exceed $168,287 (Bid No. 24-007) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $168,287 in prior­year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services­Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one­time purchase and payment of a Purchase Order to National Auto Fleet Group for two, new 2024 Ford F­150 Lightning EV trucks in the amount of $148,287 plus a contingency amount of $20,000, for a total amount not to exceed $168,287. CITY COUNCIL 21 FEBRUARY 20, 2024 31.Authorize an Appropriation Adjustment and Award a Purchase Order Contract to Musco Sports Lighting, LLC for LED Sports Lighting with Related Supplies and Services in an Amount Not to Exceed $732,955 (Specfication No. 24-020) (Non- General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one­time purchase and payment of a Purchase Order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the Santiago Sports Complex in an amount not­to­exceed $732,955, including a contingency of $63,736. 2. Authorize an Appropriation Adjustment for $732,955 from District 2 Acquisition and Development Fees Account (Acct. No. 31213002­53300) to District 2 Improvements Other than Buildings Account (Acct. No. 31213260­66220). (Requires five affirmative votes) 32.Award a Purchase Order in the Amount of $71,532 to AirGaps, LLC for Firewall Hardware and Services (Specification No. 24-015) (Non-General Fund) Department(s): Information Technology Recommended Action: Authorize a one­time purchase and payment of Purchase Order to AirGaps, LLC for firewall hardware and services in an amount not to exceed $71,532. 33.Amend Blanket Order Contract with Smart & Final Stores LLC for Sundry Food and Paper Goods, for a Revised Annual Amount Not-to-Exceed $80,000 (Specification No. 19-046) (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an amendment to increase Blanket Order Contract authority with Smart & Final Stores LLC for the purchase of sundry food and paper goods by $35,000, for a revised annual amount not to exceed $80,000 for the current contract term expiring June 1, 2024, and allow automatic renewal of each annual contract term until terminated. CITY COUNCIL 22 FEBRUARY 20, 2024 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 34.Award Aggregate Blanket Order Contracts to Curley Wholesale Electric and Walters Wholesale Electric Co. for Street Lighting Poles and Materials in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23-175) (General Fund and Non-General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate Blanket Order Contracts to vendors listed below for street lighting poles and materials on an as­needed basis in an annual not­ to­exceed aggregate amount of $500,000, and a total not­to­exceed aggregate amount of $2,500,000, for an initial one­year period beginning February 21, 2024 and expiring February 20, 2025, with provisions for four one­year renewal options. Vendor Location Curley Wholesale Electric Santa Ana, CA Walters Wholesale Electric Co. Brea, CA MINUTES: Councilmember Penaloza thanked staff for selecting local vendors and asked for clarification regarding recovery costs and costs of light posts. Public Works Director Nabil Saba stated he would work with Risk Management to provide a report on recovery costs for damages and spoke regarding the cost of light posts. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 34, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass CITY COUNCIL 23 FEBRUARY 20, 2024 AGENDA ITEM NO. 35 WAS REMOVED FROM CONSIDERATION 35.Approve Second Amendments to Agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council Aide Consultancy Services (General Fund) Department(s): City Manager’s Office Recommended Action: Authorize the City Manager to execute amendments to the agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council aide consultancy services to increase the not­to­exceed amount of each agreement by $10,000, for a total amount not to exceed $60,000 per each agreement, and to extend the term of the agreements to June 30, 2024. (Agreement Nos. A­2024­XXX, A­2024­XXX, A­2024­XXX) 36.Approve an Amendment to the Agreement with MDG Associates, Inc. to Continue Providing Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with MDG Associate, Inc. to continue providing administrative and technical support for the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant (ESG), and Workforce Innovation and Opportunity Act (WIOA) federal grant programs, expanding the scope of work to include the five­year Consolidated Plan and FY 2025 Annual Action Plan, increasing the not­to­exceed amount by $44,500, and extending the term for one year, for a total agreement amount of $259,616 (Agreement No. A-2024-024). 37.Agreement with The Critter Care Center, Inc. for Veterinary Services for the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with The Critter Care Center, Inc. to provide veterinary services for the Santa Ana Zoo in an annual amount not to exceed $180,999.80, which includes a $20,000 contingency, for a term from March 1, 2024 through February 28, 2027, with two, one­year renewal options, for a total amount not to exceed $904,999. (General Fund) (Agreement No. A-2024-025) CITY COUNCIL 24 FEBRUARY 20, 2024 AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 38.Approve an Agreement with Bean Sprouts at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Bean Sprouts, LLC dba Bean Sprouts to provide food and beverage concession services at the Santa Ana Zoo with a 6% revenue share to the City on the first $300,000, 8% revenue share between $300,001 ­ $500,000, and 10% revenue share above $500,000 in cumulative café net sales for a given contract year, March 18 to March 17 of the following year, for an initial term of three years, effective March 18, 2024, with two 2­year renewal options (Agreement No. A-2024-026). MINUTES: Councilmember Penaloza spoke in support of the item and asked for clarification regarding the requirements for local brewers/vendors as part of the agreement and designated areas for alcohol consumption. Parks, Recreation, and Community Services Director Hawk Scott spoke regarding Alcohol Beverage Control requirements and stated he would look into incorporating local businesses. Councilmember Hernandez spoke in support of capitalizing on expansion of alcohol consumption areas and incorporating local business. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 38, as amended to pursue Santa Ana vendors, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 39.Approve a Three-Year Agreement with the Orange County School of the Arts for School Resource Officer Services in the Amount of $806,127 Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three­year service agreement with the Orange County School of the Arts (OCSA), which provides for the CITY COUNCIL 25 FEBRUARY 20, 2024 Santa Ana Police Department to staff one full­time School Resource Officer (SRO) to the school, for the period of April 1, 2024 through March 31, 2027 in an amount not to exceed $806,127 (Agreement No. A-2024-027). 40.Approve an Appropriation Adjustment and Lease Agreement with Aldridge Electric, Inc. for Office Space at the Santa Ana Regional Transportation Center for a One-Year Term with Twelve One-Month Extensions for a Total Revenue Amount of $283,944 (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with Aldridge Electric, Inc. for the lease of 2,041 square feet of office space located at the Santa Ana Regional Transportation Center for a one­year term beginning on February 20, 2024 through February 19, 2025, for a total of $283,944 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A-2024-028). 2.Approve an appropriation adjustment recognizing Fiscal Year 2023­24 lease income in the amount of $44,558 into the SARTC Operations, Rental­Aldridge Electric revenue account and appropriating the same amount into the SARTC Operations, Contractual Services expenditure account. (Requires five affirmative votes) 41.Approve Agreements for Automotive, Motorcycle, Truck, and Heavy Equipment Repair Services in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23-098) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with the vendors listed below to provide automotive, motorcycle, truck, and heavy equipment repair services in an annual aggregate amount not to exceed $500,000, and total aggregate amount not to exceed $2,500,000 for an initial three­year term beginning February 20, 2024 and expiring February 19, 2027, with provisions for two, 1­year extensions (Core Agreement No. A-2024-029). Vendor Name Location Santa Ana Guaranty Chevrolet Motors, Inc. Santa Ana, CA Joe MacPherson Ford dba AutoNation Ford Tustin Tustin, CA Bragg Investment Company, Inc. dba Coastline Equipment Long Beach, CA Elite Automotive Services, LLC Lake Forest, CA Fleetworks, Inc. Santa Fe Springs, CA Seavco dba Irv Seaver Motorcycles Orange, CA Los Angeles Truck Centers, LLC dba Velocity Truck Centers Whittier, CA CITY COUNCIL 26 FEBRUARY 20, 2024 Cerritos Ford, Inc. dba Norm Reeves Ford Superstore Cerritos, CA Plumbers Depot Inc. Hawthorne, CA R. C. A. Investments, Inc. dba Long Beach BMW Motorcycles Long Beach, CA Cerritos Ford, Inc. dba Tuttle­Click Ford Lincoln Irvine, CA **END OF CONSENT CALENDAR** MINUTES: At 9:07 P.M., the Business Calendar was considered. 42.Nominate and Appoint an Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting Department(s): City Clerk’s Office Recommended Action: Nominate and appoint an alternate for purposes of the Southern California Association of Governments General Assembly Business Meeting. MINUTES: City Clerk Jennifer L. Hall gave a brief report. MOTION: Councilmember Penaloza moved to appoint Councilmember Bacerra as the alternate representative to the Southern California Association of Governments General Assembly Business Meeting, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass BUSINESS CALENDAR CITY COUNCIL 27 FEBRUARY 20, 2024 43.Fiscal Year 2023-24 Mid-Year Budget Update, Appropriation Requests, and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1. Receive and file the FY 2023-24 Mid-Year budget update. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Adopt Resolution No. 2024-002 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 4. Adopt Resolution No. 2024-003 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADJUST FULL-TIME POSITIONS IN THE CITY CLERK’S OFFICE, COMMUNITY DEVELOPMENT AGENCY, LIBRARY SERVICES, PARKS, RECREATION & COMMUNITY SERVICES AGENCY, AND PUBLIC WORKS AGENCY, INCLUDING ADDITIONS AND/OR REALLOCATIONS MINUTES: Finance Management Services Director Kathryn Downs gave a presentation regarding the Mid-year budget update, appropriation requests, and workforce changes. Mayor Amezcua asked for the closing date of the community survey and the number of completed surveys. Director Downs stated the closing date of the survey is May 9, 2024, stated all budget material has been translated in multiple languages, and approximately 500 surveys had been submitted. Councilmember Hernandez asked for clarification regarding the preparation for the Measure X sunsetting. Director Downs spoke regarding the primary preparation of sales tax measure sunsetting. Mayor Pro Tem Phan asked what services can be cut with the sales tax measure sunsetting. Director Downs spoke regarding the least prioritized services by residents. CITY COUNCIL 28 FEBRUARY 20, 2024 Councilmember Bacerra spoke regarding the reductions of revenue, asked for clarification regarding the Police Department’s vacancy rate, and spoke regarding the need to generate additional revenue. Acting Police Chief Robert Rodriquez spoke regarding the Police Department’s vacancy rate. Mayor Amezcua asked for clarification regarding the vacancies in the City Attorney’s Office, and spoke regarding the Police Department’s and Public Works Agency’s vacancies. She spoke regarding community issues, preparing for the sunsetting of Measure X, and heavily pushing out the budget survey. Chief Assistant City Attorney Laura Rossini spoke regarding the vacancies in the City Attorney’s Office. Councilmember Lopez spoke regarding the sunsetting of Measure X, and asked for clarification regarding the $4.7 million listed on page 11 and the over budgeting of departments. Councilmember Hernandez asked for clarification regarding the vacancies in the City Manager’s Office and spoke regarding recovering costs after the sunsetting of Measure X. Interim City Manager Tom Hatch spoke regarding the two vacancies in the City Manager’s Office. Councilmember Vazquez spoke regarding creating a revenue generating committee. Director Downs spoke regarding the $4.7 project cancelled and re-bidding of the project and clarified the over budgeting description listed for departments. Councilmember Penaloza stated he would volunteer for distributing the budget survey to his ward, spoke regarding costs associated with the OC Street Car, and requested staff aggressively pursue state and federal funding. Director Downs stated the OC Street Car would become operational in November 2025 and provided an estimate of costs. Mayor Amezcua spoke regarding aggressively pursuing state and federal funding. Interim City Manager Hatch suggested hiring grant writing workers. Mayor Pro Tem Phan spoke regarding state and federal grant funding, property and sales tax, split roles for Measure X, and state and federal lobbyists. Councilmember Penaloza spoke regarding generating revenue avenues. CITY COUNCIL 29 FEBRUARY 20, 2024 MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 43, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, 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. MINUTES: At 10:04 P.M., the Public Hearing was considered. 44.Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (Non-General Fund) Published in the Orange County Reporter on February 5 and February 9, 2024. Department(s): Public Works Agency Recommended Action: Hold a public hearing and adopt a resolution adjusting the City Sanitation Services User Charge effective July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028. Resolution No. 2024-004 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING THE RATE OF THE SANITATION SERVICES USER CHARGE FOR ROADWAY CLEANING AND ENVIRONMENTAL SANITATION SERVICES PROVIDED BY THE CITY OF SANTA ANA (includes determination that adoption falls within a statutory exemption from environmental review pursuant to section 15273 and 15060(c)(2) of the State Guidelines for implementation of the California Environmental Quality Act) MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Sanitation Services User Charge. CITY COUNCIL 30 FEBRUARY 20, 2024 Councilmember Hernandez spoke regarding residents’ concerns in his ward. Councilmember Bacerra asked for clarification regarding trash fee increases and illegal dumping. Director Saba spoke regarding enhancing current services and compliance with Proposition 218. Mayor Amezcua asked for clarification for the drastic increase in cost and change of sanitation companies, requested the water bill be renamed to utility bill, and spoke in opposition to the item. Director Saba spoke regarding the re-bidding of the contract and services provided, and stated the increased costs were mainly due to prevailing wages. Councilmember Lopez asked what would happen if the sanitation services user charge is not approved and whether there are surrounding cities going through this. Director Saba spoke regarding the reduction of services and impacts to the community and employees. Interim City Manager Tom Hatch spoke regarding surrounding cities’ addressing the costs and services related to trash and street sweeping and the impacts of not approving the proposed increased rates. Mayor Amezcua asked for clarification regarding community outreach related to re- bidding of the contract. Director Saba spoke regarding community outreach and the re-bidding of the contract. Mayor Pro Tem Phan spoke regarding prevailing wages and rebidding of the contract, and asked for clarification regarding the impacts to the general fund in order to maintain services without the increased fees, whether the increased costs would be less if minimal increments were done throughout the years, and enforcement of illegal dumping. Director Saba spoke regarding the impacts to the general fund, proposed contract fees, and enforcement and clean-up regarding illegal dumping Mayor Amezcua opened the Public Hearing at 10:28 P.M. The following speakers addressed the City Council in-person: 1.Dale Helvig spoke regarding the negative impacts to the City and spoke in opposition to the increased fees. CITY COUNCIL 31 FEBRUARY 20, 2024 2.Ben Stripe spoke in opposition to the increased fees. City Clerk Jennifer L. Hall reported out the summary of 104 email comments received. She stated Public Works mailed out 48,302 notices to residents regarding the public hearing and did not receive sufficient majority protests. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 10:36 P.M. Mayor Pro Tem Phan asked for clarification regarding increased street sweeping and whether quality of life would increase if the fees increased, investing in commercial properties related to illegal dumping, requested a breakdown of services, asked for clarification regarding how many bills a duplex would receive, the percentage of private versus public streets that do not use street sweeping services, and spoke in support of the item. Director Saba spoke regarding the increased street sweeping in commercial and industrial areas improving the quality of life, clarified a duplex is two units which would be two bills, and stated there is a low percentage of private streets in the City. Councilmember Bacerra requested staff come back to the City Council with options – platinum, gold and silver packages related to the fees and an amendment to the Municipal Code to increase penalties for illegal dumping. Director Saba spoke regarding Prop. 218 requirements and timing of implementation and execution. City Attorney Sonia Carvalho spoke regarding the approval of Prop. 218 and stated the public hearing could be continued to a later date. MOTION: Councilmember Bacerra moved to continue the public hearing to the March 19, 2024 and direct staff to come back with options of varying degrees of fee increases and amendments to the Municipal Code to increase penalties for illegal dumping, seconded by Councilmember Hernandez. MINUTES: Councilmember Hernandez requested options be provided to the City Council and spoke in support of continuing the item. Councilmember Vazquez asked for what percentage of the increase is per prevailing living wage versus the new services. Director Saba stated he would work with Athens on obtaining the information. Mayor Amezcua spoke in opposition to the item. CITY COUNCIL 32 FEBRUARY 20, 2024 The motion carried, 7-0, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass END OF PUBLIC HEARINGS RECESS MINUTES: Mayor Amezcua recessed the City Council meeting to consider the Housing Authority Agenda at 10:56 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting at 10:57 P.M. CITY MANAGER COMMENTS MINUTES: Interim City Manager Tom Hatch gave an update on the proposed Orange County Needle Exchange Program. Mayor Amezcua spoke regarding the importance of the issue and requested an update on this item at the beginning of the meeting. Mayor Pro Tem Phan requested staff reach out to Assemblymember Tri Ta regarding this matter. Councilmember Penaloza spoke regarding the history of this item. Councilmember Hernandez left the meeting at 11:03 P.M. 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 thanked staff and the City Council for all their assistance, guidance, hard work, and encouragement. Councilmember Lopez spoke regarding two incidents related to ticketing and requested an update from staff regarding this matter. CITY COUNCIL 33 FEBRUARY 20, 2024 Councilmember Penaloza spoke regarding City Council aides, and thanked the Finance Department for the budget presentation and Interim City Manager Tom Hatch for his hard work and efforts. Councilmember Bacerra announced his monthly community meeting on Saturday March 2, 2024 at 10:00 A.M. at George Upton All Access Park, thanked Parks, Recreation and Community Services Director Hawk Scott for lights at the basketball court and parking lot, and spoke regarding Lily King in honor of Black History Month, and the adjournment of the meeting in memory of Alice Alvarez, Allen Baldwin, and Carl Overmeyer. Mayor Pro Tem Phan thanked staff for the Tet Festival and spoke regarding the event, and announced the Magnolia Science Academy Health Fair on Saturday, February 24, 2024. Mayor Amezcua requested two AdHoc committees be created for the written ethics complaint and potential ballot measures. Mayor Pro Tem Phan appointed herself, and Councilmembers Bacerra and Vazquez to the AdHoc Committee addressing the written ethics complaints against the Mayor. Councilmember Penaloza asked for the status of previous investigations. City Attorney Sonia Carvalho gave an update of prior investigations. Mayor Amezcua appointed herself, Mayor Pro Tem Phan, and Councilmember Bacerra to the AdHoc Committee addressing potential ballot measures. Mayor Amezcua spoke in memory of Alice Alvarez, Allen Baldwin, Ray Rangel, announced Coffee with the Mayor on Saturday, February 24, 2024 at the McDonalds on Bristol/17th Street, spoke regarding the Tet Festival, provided an OCTA update, and wished a Happy Birthday to Teddy Gallardo. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Alice Alvarez, Allen Baldwin, Carl Overmeyer, and Ray Rangel at 11:39 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk