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HomeMy WebLinkAbout2024-03-05 RegularMinutes of the Regular Meeting of the City Council City of Santa Ana, California ... r J March 5, 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 4:08 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 1 MARCH 5, 2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Penaloza, and Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Lopez, and Mayor Pro Tem Phan arrived during Closed Session. ADDITIONSIDELETIONS 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 4:09 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 — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) of the Government Code: Two (2) matters. A. Public Records Act request B. Personnel complaint 2. LIABILITY CLAIM pursuant to Government Code Section 54956.95: Claimant: Antonio Ochoa [Workers' Compensation Claim] 3. 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) 4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager/ Interim City Manager/ Permanent City Manager CITY COUNCIL 2 MARCH 5, 2024 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 3 MARCH 5, 2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 6: 1 9 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor Interim City Manager City Attorney City Clerk P01 [ r:AI I Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall 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 Mike Garcia, Community Development Director WORDS OF INSPIRATION Maribel Toan ADDITIONSIDELETIONS TO THE AGENDA MINUTES: None. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition Presented by Mayor Amezcua to the Santa Ana High School Wrestling Team for Exceptional Athletic Performance MINUTES: Mayor Amezcua presented the Certificate of Recognition to the Santa Ana High School Wrestling Team for Exceptional Athletic Performance. 2. Certificates of Recognition presented by Councilmember Hernandez to Felipe Guerrero and Martha Calderon for Outstanding Contribution to the Community CITY COUNCIL 4 MARCH 5, 2024 MINUTES: Councilmember Hernandez presented the Certificates of Recognition to Felipe Guerrero and Martha Calderon for Outstanding Contribution to the Community. 3. Certificates of Recognition Presented by Councilmember Lopez to Orange County Housing Corporation SteppingUP for Outstanding Contribution to the Community MINUTES: Councilmember Lopez presented the Certificate of Recognition to Orange County Housing Corporation SteppingUP for Outstanding Contribution to the Community. 4. Certificate of Recognition Presented by Councilmember Penaloza and Councilmember Vazquez to Main Street Bus Artists for Outstanding Contribution to the Arts and Culture Community MINUTES: Councilmembers Penaloza and Vazquez presented the Certificate of Recognition to Main Street Bus Artists for Outstanding Contribution to the Arts and Culture Community. CiTY MANAGER COMMENTS WAS MOVED OUT OF ORDER CITY MANAGER COMMENTS MINUTES: Interim City Manager Tom Hatch gave a presentation regarding the proposed Orange County Needle Exchange Distribution Program. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was reportable action on Closed Session Agenda Item No. 2. The City Council approved a settlement for $199, 883. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: The following speakers addressed the City Council in person: 1. Janine B. spoke in support of the budget process and requested additional education on filing taxes. 2. Graciela Lepe expressed concern regarding Coffee with the Mayor and the Mayor's aide CITY COUNCIL 5 MARCH 5, 2024 3. An unidentified speaker spoke regarding being removed from an event by the Mayor. 4. Mario Alvarado spoke regarding community input regarding the budget and thanked all women in honor of Women's History Month. 5. Miguel Angel Vazquez (translation: Spanish) invited all to attend a March 17, 2024 women's event at the City of Buena Park. 6. Dale Helvig spoke regarding the Needle Exchange Program. The following speakers addressed the City Council via teleconference: 7. Tim Johnson spoke regarding the need to fill vacant positions on the Measure X Committee and regarding South Main Street. 8. Michele stated foreign policy matters are not part of the City's jurisdiction, the City Council should focus on local matters, and spoke in opposition to Agenda Item No. 18. 9. Sue stated the Police Chief position should be put on hold until the hiring of a permanent City Manager, thanked the Police Department for their hard work, and spoke regarding Behind the Badge. City Clerk Jennifer L. Hall reported out the summary of email comments received: Eight (8) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 17 and waive reading of all resolutions and ordinances MINUTES: At 7:25 P.M. the Consent Calendar was considered. Councilmember Penaloza pulled Agenda Item No. 15 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 11 as the listed entity, Smartcover®, is a client of her employer, Rutan and Tucker. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 5 through 17 with the exception of Item No. 15 pulled for separate discussion and consideration, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: CITY COUNCIL 6 MARCH 5, 2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 -- 0 — Pass 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of December 19, 2023, January 16, 2024 and February 20, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 7. Appoint Ernie Aguilar Nominated by Councilmember Hernandez as a Landlord Representative to the Rental Housing Board for a Full -Term Expiring in 2027 Department(s): City Clerk's Office Recommended Action: Appoint Ernie Aguilar to the Rental Housing Board as a Landlord Representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Ernie Aguilar. 8. Receive and File Quarterly Report of Investments as of December 31, 2023 Department(s): Finance and Manager Services Recommended Action: Receive and file. 9. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between October 1, 2023 and December 31, 2023, CITY COUNCIL 7 MARCH 5, 2024 10.Approve a Purchase Order to The Charles Machine Works Inc. for Sewer Lining Materials, Supplies, and Accessories (Spec No. XX-XXX) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve a sole source purchase order to The Charles Machine Works Inc., for sewer lateral lining materials, supplies, and accessories for an aggregate amount not to exceed $1,750,000, for a one-year term beginning March 5, 2024 and expiring March 4, 2025, with provisions for up to four additional one-year renewal periods. 11.Award a Purchase Order to Smartcover® Systems for Remote Alarm Monitoring and Management Services (Spec No. 24-025) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve a sole source purchase order Hadronex, Inc. DBA Smartcover0 for remote alarm monitoring and management systems and services for an aggregate amount not to exceed $580,000 for a one-year term beginning March 6, 2024 and expiring June 30, 2025, with provisions for up to three additional one-year renewal periods. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 11 as part of the consent calendar, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM PHAN (recusal) ABSENT: NONE Status: 6 — 0 — 1 - Pass 12.Award a Blanket Order Contract to Hach Company for Water Quaity Testing Supplies, Calibration, and Maintenance Services (Bid No. 23-179) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Hach Company for the purchase of water quality testing supplies, calibration, and maintenance services on an as -needed basis in an amount not to exceed $650,000, for a three-year term CITY COUNCIL 8 MARCH 5, 2024 beginning March 5, 2024 and expiring March 4, 2027, with provisions for two one- year renewal options. 13.Amend Aggregate Blanket Order Contracts for Waterworks Fitting and Supplies with Core & Main LP, Ferguson Enterprise LLC, and Western Water Works Supply Company for a new Aggregate Amount Not to Exceed $2,400,000 (Specification No. 21-012) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to increase the blanket order contract not -to -exceed amount with Core & Main LP, Ferguson Enterprise LLC, and Western Water Works Supply Company for the purchase of waterworks fittings and supplies by an annual $400,000, for a new aggregate amount not to exceed $2,400,000, for the current contract term expiring May 17, 2024, and two one-year renewal periods. 14.Amend the Agreement with Service First for Pool Equipment Repair Services on an as -Needed Basis to Increase the Contract Amount by $300,000 Annually (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Service First to provide scheduled pool maintenance and repair services, increasing the amount by $300,000 annually and increase the contingency to 20% of the new annual amount for a total agreement amount of $2,988,810, for the remaining term through February 20, 2026 (Agreement No. A--2024-030). AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION 15. Amend the Agreement with Service First to Increase the Contract Amount by $300,000 Annually for Fountain Maintenance and Repair Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Service First to provide scheduled fountain maintenance and repair services, increasing the amount by $300,000 annually, for a total agreement amount of $1,868,000, for the remaining term through December 31, 2025 (Agreement No. A-2024-051). MINUTES: Councilmember Penaloza spoke regarding the demolition of the Civic Center within the next five years and expressed concern regarding the investment in maintenance and repairs of fountains that will be demolished. CITY COUNCIL 9 MARCH 5, 2024 Public Works Executive Director Nabil Saba spoke regarding the proposed agreement and the impacts of de -commissioning the maintenance and repairs. MOTION: Councilmember Penaloza moved to continue Item No. 15, seconded by Mayor Amezcua. MINUTES: Councilmember Lopez asked for clarification regarding the timeline of demolition of the Civic Center and spoke in support of the item. Director Saba clarified that the Civic Center will not demolished within five years. Councilmember Penaloza stated he is not in support of maintenance and repairs at the Civic Center and asked when the State building would be demolished. Director Saba stated staff is working on a plan to demolish the building. Councilmember Hernandez thanked staff for their hard work and efforts and asked which fountains would be maintained and repaired. Director Saba spoke regarding the maintenance and repairs of fountains. Councilmember Bacerra asked for clarification regarding the terms and services of the agreement. Director Saba spoke regarding the proposed agreement. Councilmember Lopez spoke in support of the item. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 15, seconded by Councilmember Lopez. MINUTES: Mayor Pro Tem Phan spoke in support of the item. Discussion ensued regarding maintenance and costs of fountains. The substitute motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6 —1 — Pass CITY COUNCIL 10 MARCH 5, 2024 16.Agreements with Galls, LLC and L.N. Curtis & Sons for Police Uniforms, Accessories, and Miscellaneous Equipment (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a one-year agreements with the following vendors for the purchase of police uniforms, accessories, and miscellaneous equipment for the period of March 5, 2024 through March 4, 2025, with an option for a six-month extension, for an aggregate amount not to exceed $600,000 (Core Agreement No. A-2024-031): • Galls, LLC — in amount not to exceed $300,000 • L.N. Curtis & Sons dba Curtis Blue Line — in an amount not to exceed $300,000 17.Adopt a Resolution to Appoint a Voting Delegate and an Alternate to the Independent Cities Risk Management Authority (ICRMA) Board of Directors Department(s): Human Resources Recommended Action: Adopt a resolution to appoint a voting delegate and an alternate to the ICRMA Board of Directors RESOLUTION NO. 2024-004 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO FULFILL ITS OBLIGATION AS A MEMBER OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) TO APPOINT A VOTING DELEGATE AND AN ALTERNATE TO THE ICRMA BOARD OF DIRECTORS MINUTES: Councilmembers Bacerra and Penaloza left the meeting at 7:49 P.M. **END OF CONSENT CALENDAR** MINUTES: At 7:50 P.M., the Business Calendar was considered. 18.Consideration of Ceasefire Resolution as Proposed Through Councilmember Requested Items Department(s): City Clerk's Office Recommended Action: Consideration of Ceasefire Resolution. A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA, CALIFORNIA AFFIRMING SUPPORT FOR THE WORLDWIDE CALL FOR AN IMMEDIATE CEASEFIRE IN GAZA MINUTES: Councilmember Vazquez spoke regarding the ceasefire resolution. CITY COUNCIL 11 MARCH 5, 2024 The following speakers addressed the City Council in person: 1. Robin spoke in opposition to the item. 2. Jason Garshfield spoke in opposition to the item. 3. Monica L. spoke regarding the divisiveness of the community due to the resolution. 4. Dr. Erik Ludwig spoke in opposition to the item. 5. EJ spoke in opposition to the item. 6. Mali spoke in opposition to the item. 7. Rabbi Gersh Zylberman spoke in opposition to the item and the impacts of the resolution to local municipalities. B. Jeffrey Katz spoke in support of a ceasefire and requested a revised resolution. 9. Sue Guilford requested the City Council focus on City issues and spoke in opposition to the item. 10. Mandy Shamis requested the City Council focus on City issues and spoke in opposition to the item. 11. Curtis Deilets requested the City Council focus on City issues and spoke in opposition to the item. 12. Steffanie Belasco spoke regarding the divisiveness of the community due to the resolution. 13. Leonard Silberman requested the City Council focus on City issues and take a positive action on this item. 14. Joey B. spoke in opposition to the item. 15. Galina B. spoke in opposition to the item. 16. Dr. Norman Rosen spoke in opposition to the item. 17. Mike Rubin spoke in opposition to the item. 18. Gali spoke in opposition to the item. 19. Michal L. spoke in opposition to the item. CITY COUNCIL 12 MARCH 5, 2024 20. Stephaney Avital spoke in opposition to the item. 21. Rabbi Eliezre spoke in opposition to the item. 22. Mitchell Cohen spoke in opposition to the item. 23. Shaheera Owaynat spoke in support of the item. 24. Julie Heiman spoke in opposition to the item. 25. Janine B. spoke in opposition to the item. 26. Alexandra N. spoke regarding the violence in Hamas and requested Council focus on humanity. 27. Emma spoke in support of the item. 28. Fernando Deveras spoke in support of the item. 29. Kelly spoke in support of the item. 30. Mike Ortega spoke in support of the item. 31. Lesley Nguyen spoke in support of the item. 32. Michael Diaz spoke in support of the item. 33. Julie H. spoke in opposition to the item and requested the City Council focus on City issues. 34. Abdul Yousef spoke in support of the item. 35. Ayah Kana spoke in support of the item. 36. Nour Eldin spoke in support of the item. 37. Yaser Yousef spoke in support of the item. 38. Cristian Hernandez spoke in support of the item. 39. Sherif E. spoke in support of the item. 40.Omar Ash spoke in support of the item. 41. An unidentified speaker spoke in support of the item. 42. Daniel Riley spoke in support of the item. CITY COUNCIL 13 MARCH 5, 2024 43. Juliana Musheyev spoke in support of the item. MOTION: Mayor Pro Tern Phan moved to reduce public comment time to one minute per speaker and end at two hours of public comment, seconded by Councilmember Vazquez. The motion carried, 5-0-0-2, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, LOPEZ, COUNCILMEMBER VAZQUEZ, PHAN, MAYOR AMEZCUA NONE NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER BACERRA, PENALOZA Status: 5-0-0 - 2 —Pass 44.Omar spoke in support of the item. 45. Sydell Walenceckcz spoke in opposition to the item. 46. Nas S. spoke in support of the item. 47. Kadisha A. spoke in support of the item. 48. Mirvette Judeh spoke in support of the item. 49. Roz spoke in support of the item. 50. Jesus Vazquez spoke in support of the item. 51. Baraa Kahf spoke in support of the item. 52. Estefania Cruz spoke in support of the item. 53. Lu spoke in support of the item. 54. Katie Newman spoke in support of the item. 55. Mohammed Karim spoke in support of the item. 56. Madhu Velumani spoke in support of the item. 57. Sadad Talhouni spoke in support of the item. COUNCILMEMBER MAYOR PRO TEM COUNCILMEMBER CITY COUNCIL 14 MARCH 5, 2024 58. An unidentified speaker spoke in support of the item. 59. Heather Lopez spoke in support of the item. 60. Valerie spoke in support of the item. 61. Sharif Elbayoumy spoke in support of the item. 62. Sam N. spoke in support of the item, City Clerk Jennifer L, Hall reported out the summary of email comments received. 114 comments related to Agenda Item No. 18. MINUTES: Councilmember Vazquez spoke regarding the genocide in Gaza, courage, and in support of the ceasefire resolution. Councilmember Hernandez spoke regarding colonization, the murder of Alex Odeh, and in support of the item. MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 18, seconded by Councilmember Hernandez. MINUTES: Councilmember Lopez spoke regarding her personal experience related to the Civil War and in support of the ceasefire resolution. Mayor Pro Tem Phan asked for clarification regarding the proposed resolution. Councilmember Vazquez answered questions and provided clarification. Mayor Pro Tem Phan spoke regarding trauma and pain in the community, stated that the word "ceasefire" is political, spoke in support of a bilateral ceasefire, and in opposition of the proposed ceasefire resolution. She offered amendments to the presented resolution, as follows: adding language to various Whereas clauses and recitals, adding the word "bilateral" in front of "ceasefire," the deletion of a Whereas clause, and separated actions with "Section" subheadings. She also announced changes to the resolution title: RESOLUTION NO. 2024-005 entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA, CALIFORNIA CALLING FOR THE RELEASE OF ALL HOSTATGES HELD BY HAMAS, HUMANITARIAN AID FOR CIVILIANS IN GAZA, AND A PERMANENT BILATERAL CEASEFIE IN GAZA THAT RECOGNIZES ISRAEL'S SECURITY AND RIGHT TO EXIST AND A FREE PALESTINIAN STATE Councilmember Vazquez spoke regarding the proposed ceasefire and in support of a bilateral ceasefire. He accepted the amendments to the resolution proposed by Mayor Pro Tem Phan. CITY COUNCIL 15 MARCH 5, 2024 MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 18, as amended, seconded by Councilmember Hernandez. The motion carried, 4-1-0-2, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN NOES: MAYOR AMEZCUA ABSTAIN: NONE ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA Status: 4-1 — 0 - 2—Pass **END OF BUSINESS CALENDAR`* CITY MANAGER COMMENTS WAS MOVED OUT OF ORDER AND HEARD AFTER CEREMONIAL PRESENTATIONS COUNCILCOMMENTS 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 Hernandez thanked everyone for their participation and staff for their hard work and efforts. Councilmember Vazquez spoke regarding the ceasefire resolution and thanked the public for their participation. Councilmember Lopez thanked members of the public for their participation. Mayor Pro Tem Phan spoke regarding her position on the ceasefire resolution. Mayor Amezcua thanked the Police Department for their hard work and efforts and Commissioner Tim Johnson for his comments. She spoke regarding the passing of Orange County Fire Authority (OCFA) Fire Captain Rob Culp, expressed her condolences to the OCFA family and his family, requested the flags be flown in his honor, and thanked OCFA and the Police Department for their service. Council announced their support of MayorAmezcua's request regarding flags. CITY COUNCIL 16 MARCH 5, 2024 ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 10.33 P.M. Respectfully submitted: CITY COUNCIL 17 MARCH 5, 2024