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HomeMy WebLinkAboutItem 06 - Minutes from the Regular Meeting of March 19, 2024CITY COUNCIL 1 MARCH 19, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California March 19, 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 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953(b), the regular meeting will include teleconference participation from Mayor Pro Tem Thai Viet Phan from: NINH BINH HIDDEN CHARM HOTEL & RESORT, No 9, Tam Coc – Bich Dong Tourist Center, Ninh Thang, Hoa Lu, Ninh Binh, Vietnam (with the room number posted in the hotel lobby). 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. CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:18 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 MARCH 19, 2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Lopez and Vazquez, and Mayor Amezcua were present. Councilmembers Hernandez and Penaloza, and Mayor Pro Tem Phan (via teleconference) arrived during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho requested to add an item to the Closed Session Agenda related to threats of litigation regarding an item on the Open Session agenda. Mayor Amezcua stated she would not support the item. Councilmember Lopez spoke in support of the item and requested it be discussed. City Attorney Carvalho clarified that there must be a unanimous vote to add the item, and as there was not, the item was not added to the Closed Session Agenda. 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 4:20 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. A. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01287702 2. 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) CITY COUNCIL 3 MARCH 19, 2024 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager/ Interim City Manager/ Permanent City Manager CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:44 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 (via teleconference), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Acting Police Chief Robert Rodriguez WORDS OF INSPIRATION Police Chaplain Barnett ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced the continued Public Hearing Agenda Item No. 27 was removed by staff. CEREMONIAL PRESENTATIONS 1.Certificates of Recognition Presented by Mayor Amezcua to the Mater Dei High School Boys Varsity Soccer Team for Exceptional Athletic Performance CITY COUNCIL 4 MARCH 19, 2024 MINUTES: Mayor Amezcua presented the Certificates of Recognition to the Mater Dei High School Boys Varsity Soccer Team for exceptional athletic performance. 2.Certificate of Recognition presented by Councilmember Hernandez to Pearl Raya and the Raya Foundation for Outstanding Contributions to the Community MINUTES: Councilmember Hernandez presented the Certificates of Recognition to Perla Raya and the Raya Foundation for Outstanding Contributions to the Community. 3.Certificate of Recognition Presented by Councilmember Lopez to Viet Rainbow of Orange County for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented the Certificate of Recognition to Viet Rainbow of Orange County for Outstanding Contributions to the Community. 4.Proclamation presented by Councilmember Vazquez to El Centro Cultural de Mexico in Recognition of their 30-Year Anniversary MINUTES: Councilmember Vazquez presented the Proclamation to El Centro Cultural de Mexico in recognition of their 30-Year Anniversary. STAFF PRESENTATIONS 5.Planning and Building Agency Awards Presentation MINUTES: Planning and Building Executive Director Minh Thai presented the 2023 Planning Awards. CITY MANAGER COMMENTS WAS CONSIDERED OUT OF ORDER CITY MANAGER COMMENTS MINUTES: Interim City Manager Tom Hatch gave an update 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. 3. The City Council has unanimously appointed Alvaro Nunez as the Acting City Manager effective March 29, 2024. CITY COUNCIL 5 MARCH 19, 2024 AGENDA ITEM NO.8 WAS CONSIDERED OUT OF ORDER MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 8, 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 MINUTES: While Councilmember Penaloza was initially absent for Agenda Item No. 8, he recorded ‘yes’ vote with the City Clerk. 8.Appoint Wyatt Malfavon Nominated by Mayor Amezcua as the Mayor Representative to the Youth Commission for a Partial-Term Expiring in December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Wyatt Malfavon to the Youth Commission as the Citywide representative and administer the Oath of Office. MINUTES: No Public Comments were received regarding Agenda Item No. 8. City Clerk Jennifer L. Hall administered the Oath of Office to Wyatt Malfavon. Councilmember Vazquez requested Agenda Item No. 24 be considered out of order and prior to public comments. City Clerk Jennifer L. Hall stated, per the Brown Act, public comments must be heard prior to Council consideration. Mayor Amezcua announced public comments would be limited to two minutes per speaker for two hours. 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. Liza Rios expressed concern regarding protests in her neighborhood and spoke regarding freedom of speech. CITY COUNCIL 6 MARCH 19, 2024 2. Jeffrey Katz spoke in support of Agenda Item No. 24. 3. Hasan Abushamzani spoke in opposition to Agenda Item No. 24. 4. Hairo Cortes spoke in opposition to Agenda Item No. 24 and spoke regarding social media censorship. 5. Kelly spoke in opposition to Agenda Item No. 24. 6. Robin spoke regarding anti-Semitism. 7. Omar Z. spoke regarding First Amendment rights and requested Mayor Amezcua resign as mayor. 8. Omar K. spoke in opposition to Agenda Item No. 24. 9. Kashif G. spoke in opposition to Agenda Item No. 24. 10.Yas spoke in opposition to Agenda Item No. 24. 11.Marina Salmon spoke in opposition to Agenda Item No. 24. 12.Dr. Maha Afra spoke in opposition to Agenda Item No. 24. 13.Johnny A. Mejia stated he has been treated unfairly by the Parks and Recreation Department related to youth sports and expressed concern with the costs, rules, and regulations in place. 14.Tomas Fernandez echoed the previous speaker’s comments. 15.Kendee Hamilton spoke in opposition to Agenda Item No. 24. 16.Mohammad spoke in opposition to Agenda Item No. 24. 17.Michael Diaz spoke in opposition to Agenda Item No. 24. 18.Wessal spoke in opposition to Agenda Item No. 24. 19.Samantha spoke in opposition to Agenda Item No. 24. 20.Jannah spoke in opposition to Agenda Item No. 24. 21.Tanya Navarro spoke in opposition to Agenda Item No. 24. 22.Jose Lopez (translation: Spanish) spoke regarding parking permit issues in his neighborhood. CITY COUNCIL 7 MARCH 19, 2024 23.Juliana M. spoke in opposition to Agenda Item No. 24. 24.Monique Rangell spoke in opposition to Agenda Item No. 24. 25.Diplomatic Democrat spoke in opposition to Agenda Item No. 24. 26.Jenny Hazen spoke in support of Agenda Item No. 24. 27.Jaime Saleta (translation: Spanish) expressed concern regarding manifestations and protesting at homes. 28.Jennifer Martinez spoke in opposition to Agenda Item No. 24. 29.Hassan spoke in opposition to Agenda Item No. 24. 30.Perla Dionicio spoke regarding community safety. 31.Fernando Deveras spoke in opposition to Agenda Item No. 24. 32.Hope Palestine spoke in opposition to Agenda Item No. 24. 33.Nas S. spoke in opposition to Agenda Item No. 24. 34.Lydda spoke in opposition to Agenda Item No. 24. 35.Kit Thelo spoke in opposition to Agenda Item No. 24. 36.Jenan spoke in opposition to Agenda Item No. 24. 37.Mona Palestine spoke in opposition to Agenda Item No. 24. 38.Salera spoke in opposition to Agenda Item No. 24. 39.Armagaan Rehaman spoke in opposition to Agenda Item No. 24. 40.Ali H. spoke in opposition to Agenda Item No. 24. 41.Alison DeMark spoke in support of Agenda Item No. 24. 42.Nina Jirik spoke regarding vacant property in Washington Square neighborhood. 43.David Jirik requested a walkable park in vacant property at Washington Square neighborhood and a feasibility study. 44.Rashad spoke in opposition to Agenda Item No. 24. 45.Mark Rothenberg spoke in support of Agenda Item No. 24. CITY COUNCIL 8 MARCH 19, 2024 46.Carlos Perea spoke in opposition to Agenda Item No. 24. 47.Monica Tenorio spoke in opposition to Agenda Item No. 24. 48.Khadija spoke in opposition to Agenda Item No. 24. 49.Jesus Vazquez spoke in opposition to Agenda Item No. 24. The following speakers addressed the City Council via teleconference: 50. Ben Salazar spoke in opposition to Agenda Item No. 24. 51.Pat Davis spoke in opposition to Agenda Item No. 24. 52.Julia Gomez spoke in opposition to Agenda Item No. 24. 53.Housing is a Human Right OC spoke in opposition to Agenda Item No. 24. 54.Danett Abbott-Wicker spoke in opposition to Agenda Item No. 24. 55.Leonel Flores spoke in opposition to Agenda Item No. 24. 56.Katie Newman spoke in opposition to Agenda Item No. 24. 57.Ash Katchem spoke in opposition to Agenda Item No. 24. There were not speakers at Mayor Pro Tem Phan’s teleconference location. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) Agenda Item No. 11, One (1) Agenda Item No. 12, 53 Agenda Item No. 24, Four (4) Agenda Item No. 27, and Nine (9) non-agenda comments. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 23 and waive reading of all resolutions and ordinances MINUTES: At 9:42 P.M. the Consent Calendar was considered. Councilmember Phan recused herself from Agenda Item No. 22 as the listed entity, Tait & Associates, Inc., is a client of her employer, Rutan and Tucker. Councilmember Bacerra pulled Agenda Item No. 23 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item No. 14 for separate discussion and consideration. CONSENT CALENDAR CITY COUNCIL 9 MARCH 19, 2024 MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 23 with the exception of Item Nos. 14 and 23 pulled for separate discussion and consideration and Item No. 8 considered out of order, seconded by Councilmember Lopez. 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 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of March 5, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC COMMENTS. (See Page 5) 9. Substance Abuse and Public Intoxication Enforcement Informational Report 4th Quarter 2023 Department(s): Police Department Recommended Action: Receive and file. 10.Approve an Appropriation Adjustment and an Amendment to the Fiscal Year 2023- 2024 Capital Improvement Program to Add Funds to the Automated Metering Infrastructure Project (Project No. 16-6460) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an appropriation adjustment to transfer $1,300,000 from Water Utility Production & Supply, Miscellaneous Operating Expenses account and $1,550,000 in Water Meter Services, Contract Services – Professional account, CITY COUNCIL 10 MARCH 19, 2024 to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2.Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $4,500,000 in construction funds for the Automated Metering Infrastructure Project. (Project No. 16-6460) 11.Approve Appropriation Adjustment Recognizing $725,000 in Housing Assistance Payment Funds for Emergency Housing Vouchers Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment recognizing housing assistance funding in the amount of $725,000 in revenue account (no. 17918002- 52011) and appropriating the same amount to expenditure account (no. 17918760- 69158) to administer existing vouchers. (Requires five affirmative votes). 12.Award Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 5 Application Department(s): Community Development Agency Recommended Action: Approve the submission of the Homeless Housing, Assistance, and Prevention (HHAP) Program Round 5 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness. 13.City of Santa Ana 2023 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1.Receive and file the City of Santa Ana 2023 General Plan Annual Progress Report; and 2.Authorize staff to submit the City of Santa Ana 2023 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). CITY COUNCIL 11 MARCH 19, 2024 AGENDA ITEM NO. 14 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 14.Approve Destruction of Obsolete City Records Department(s): Public Works Agency Recommended Action: Approve the request for the destruction of obsolete records from the Public Works Agency’s Engineering Services Division, Development and Construction Engineering Section in accordance with the retention schedule outlined in City Council Resolution 2013-014. MINUTES: Councilmember Penaloza spoke in support of the item and requested the removal of Bristol Street Widening Project records until the project has been completed. Mayor Amezcua asked for the years of the requested records for destruction. Public Works Director Nabil Saba stated the records are from prior to 2012. Councilmember Lopez spoke regarding the retention policy and asked for clarification regarding the type of records requesting to be destroyed. Director Saba spoke regarding the type of records prepared for destruction. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 14, as amended to retain any records related to the Bristol Street Widening Project, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER LOPEZ NONE NONE Status: 6 – 1 – Pass 15.Receive and File Citywide Sports Field Renovation Schedule Department(s): Public Works Agency Recommended Action: Receive and file Citywide Sports Field Renovation Schedule for 2024 to 2025. CITY COUNCIL 12 MARCH 19, 2024 16.Award Purchase Order Contract with Lightbox Parent, L.P. for Geographic Information System Data Services Subscription (Specification No. 24-024) (Non- General Fund) Department(s): Public Works Agency Recommended Action: Award a Purchase Order Contract with Lightbox Parent, L. P. to provide Geographic Information System Data Services for a total not to exceed amount of $281,326, including an annual contingency of $5,000, for a term beginning on April 16, 2024 and expiring April 15, 2029. 17.Award Blanket Order Contract to Dell Marketing L.P. for Desktop Laptops, Mobile Devices, and Related Equipment in an Amount Not to Exceed $8,100,000 (Specification No. 24-037) (General and Non-General Fund) Department(s): Information Technology Recommended Action: Award Blanket Order Contract to Dell Marketing L.P. for desktop computers, laptops, mobile devices, and related equipment for a twenty-one-month period expiring November 30, 2025 with provisions for five, one-year renewal options, in an annual amount not to exceed $1,200,000. 18.Amend the Agreement with Hanson Bridget, LLP (General Fund) Department(s): City Attorney’s Office Recommended Action: Authorize the City Manager to execute a first amendment to the Agreement with Hanson Bridgett, LLP to provide legal and investigative services, increasing the amount of the compensation by $125,000 for a total agreement amount of $175,000, and revise the term of the Agreement through June 30, 2025, with an option to extend for up to one (1) year (Agreement No. A-2024-032). 19.Approve and Agreement with Invengo America Corporation DBA FE Technologies for Maintenance Services and Equipment for the Delhi Library Branch Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Invengo America Corporation DBA FE Technologies to provide maintenance services and library equipment for the Delhi Library Branch for a three-year term ending March 15, 2027 in an amount not to exceed $40,212 (Agreement No. A-2024-033). CITY COUNCIL 13 MARCH 19, 2024 20.Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a third amendment to the agreement with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services, to extend the existing term through December 31, 2024, with no supplementary expenses to the previously executed amount (Agreement No. A-2024-034). 21.Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. for On-Call Material Testing and Special Inspection Services (Non- General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendments to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMAGroup, Inc. to provide on-call material testing and special inspection services and increase the contract amount by $2,000,000, for a total amount not to exceed $4,000,000 for the remaining term (Core Agreement No. A-2024-035). 22.Approve First Amendments to Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn and Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for On-Call Engineering Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute first amendments to the agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn and Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for on-call engineering services to increase the agreement amount by $750,000, for a total aggregate agreement amount not to exceed $2,750,000 for the remaining term of the agreement which began on August 16, 2022 and expires on August 15, 2025, with a provision for two, one year optional extensions (Core Agreement No. A-2024-036). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the consent calendar, seconded by Councilmember Lopez. CITY COUNCIL 14 MARCH 19, 2024 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 NONE Status: 6 – 0 - 1 – Pass AGENDA ITEM NO. 23 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 23.Resolutions to Increase the City Manager’s Office and Police Department Headcount, Amend the City’s Classification and Compensation Plan, and Approve the City Council Appointee Salary Schedule Department(s): City Manager’s Office Recommended Action: Adopt resolutions to increase the City Manager’s Office and Police Department headcount, amend the City’s classification and compensation plan, and approve the City Council Appointee salary schedule. RESOLUTION NO. 2024-006 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY MANAGER’S OFFICE AND THE POLICE DEPARTMENT RESOLUTION NO. 2024-007 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 RESOLUTION NO. 2024-008 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT AND APPROVE A COUNCIL APPOINTEE SALARY SCHEDULE IN COMPLIANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) MINUTES: Councilmember Bacerra spoke in support of a new deputy city manager position, stated this was a form of defunding the police, and spoke in opposition to reallocating funds. Councilmember Lopez asked for clarification regarding the statement of defunding police. Interim City Manager Tom Hatch spoke regarding the proposed reallocation of funds and filling vacancies. CITY COUNCIL 15 MARCH 19, 2024 Acting Police Chief Robert Rodriguez spoke regarding the positive impacts of reallocating funds. Councilmember Lopez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 23, seconded by Councilmember Vazquez. MINUTES: Councilmember Penaloza spoke in support of a new deputy city manager position, expressed concern regarding the major changes to the Police Department, and spoke regarding defunding sworn police officers. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, as amended to continue the portion of the workforce changes related to the Police Department, seconded by Councilmember Bacerra. MINUTES: Councilmember Bacerra expressed concern regarding losing funding for sworn police officers and requested the new Police Chief make that determination/assessment of the department. Councilmember Vazquez inquired whether the positions of sworn police officers were being deleted or suspended and the number of unfilled positions, sworn officers, and separation of officers per year. Interim City Manager Hatch and Acting Police Chief Rodriguez answered Councilmember Vazquez’s questions and provided clarification. At 10:01 P.M. City Clerk Jennifer L. Hall announced Mayor Pro Tem Phan would no longer be participating in the meeting. Councilmember Hernandez spoke in support of the item. Discussion ensued regarding the impacts to the Police Department’s operations, hiring of new officers, filling vacant positions, allocation of funding, and discussion during the budget cycle. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ NONE MAYOR PRO TEM PHAN Status: 3 – 3 – 0 - 1 – FAIL CITY COUNCIL 16 MARCH 19, 2024 The original motion failed, 3-3-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN Status: 3 – 3 – 0 -1 – FAIL MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended to approve positions of the Deputy City Manager and Human Resources Analyst only, seconded by Councilmember Hernandez. The motion carried, 4-2-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ NONE MAYOR PRO TEM PHAN Status: 4 – 2 – 0 - 1 – Pass MINUTES: Councilmember Penaloza clarified that the rest of the police classifications would be part of the budget cycle. **END OF CONSENT CALENDAR** MINUTES: At 10:34 P.M., the Business Calendar was considered. 24.Ordinance Establishing Distance Requirement for Targeting Residential Picketing Department(s): City Manager’s Office Recommended Action: 1. Adopt an urgency ordinance establishing distance requirements for targeted residential picketing. ORDINANCE NO. NS-XXX entitled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN ACCORDANCE WITH SANTA ANA CHARTER SECTIONS 415 AND 417 TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California BUSINESS CALENDAR CITY COUNCIL 17 MARCH 19, 2024 Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)); and 2. Approve first reading of an ordinance establishing distance requirements for targeted residential picketing. If approved, Article 1 section 10-110 would be amended and entitled “Targeted Residential Picketing” and sections 10-111 and 10- 112 will be added to the Santa Ana Municipal Code. ORDINANCE NO. NS-XXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE 1, SECTION 10- 110 AND ADDING SECTIONS 10-111 AND 10-112 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)). MINUTES: City Attorney Sonia Carvalho announced the proposed ordinance is a staff driven item and spoke regarding the proposed ordinance. Councilmember Hernandez spoke regarding First Amendment rights and spoke in opposition to the item. Councilmember Vazquez spoke regarding protesting and spoke in opposition to the item. Councilmember Lopez spoke regarding her personal experience regarding inconvenience, spoke in support of an amended noise ordinance, and asked for clarification regarding permitting and violation of First Amendment rights. City Attorney Carvalho spoke regarding protested picketing and language in the proposed ordinance. Councilmember Bacerra spoke in support of the proposed ordinance. City Clerk Jennifer L. Hall stated that per Resolution No. 2023-047 at 11:00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M., and will continue all other items on which additional time is required until a future City Council meeting. MOTION: Mayor Amezcua moved to complete Agenda Item No. 24, continue all remaining items on the agenda, and adjourn the City Council meeting, seconded by Councilmember Hernandez. CITY COUNCIL 18 MARCH 19, 2024 The motion carried, 4-1-0-2, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA COUNCILMEMBER LOPEZ NONE MAYOR PRO TEM PHAN Status: 4 – 1 – 0 - 2 – Pass MINUTES: Councilmember Hernandez spoke in opposition to the item, spoke regarding his personal experience related to protests, and stated he does not wish to move forward with the item. Councilmember Penaloza spoke regarding First Amendment rights to protest and spoke in support of the ordinance. Mayor Amezcua spoke in support of the item. Councilmember Penaloza asked for clarification regarding amending noise ordinance. City Attorney Carvalho spoke regarding options for amending the noise ordinance. MOTION: Councilmember Hernandez moved to not approve the recommended action for Item No. 24, seconded by Councilmember Vazquez. The motion failed, 3-3-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA , MAYOR AMEZCUA NONE NONE Status: 3 – 3 – 0 - 1 – Fail AGENDA ITEM NO. 25 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING. 25.Youth Commission Informational Report Department(s): Parks, Recreation, and Community Services Recommended Action: Accept information report and provide direction to staff. AGENDA ITEM NO. 26 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING. 26. Early Direction for the Fiscal Year 2024-25 Budget Department(s): Finance and Management Services Recommended Action: Provide direction for preparation of the proposed FY 2024-25 budget. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS 27. PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL Continued Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (Non-General Fund) Legal Notice published in the OC Reporter on February 5 and February 9, 2024 and notice of continuance was posted on February 21, 2024. Department(s): Public Works Agency Recommended Action:N/A **END OF PUBLIC HEARINGS** CITY MANAGER COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD AFTER STAFF PRESENTATIONS. COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Counciltoprovide a brief oralreport on attendance ofanyregional board or commission meeting orany conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. MINUTES:MayorAmezcua adjourned the City CouncilMeeting at 11:14 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 19 MARCH 19, 2024