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HomeMy WebLinkAboutItem 07 - Minutes from the Special Meeting of December 10, 2024 and Regular Meeting of December 17, 2024CITY COUNCIL 1 DECEMBER 10, 2024 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California December 10, 2024 SPECIAL OPEN MEETING – 5:00 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CITY COUNCIL SPECIAL OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special City Council Meeting to order at 5:22 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager Assistant City Attorney City Clerk Alvaro Nuñez Jonathan Martinez Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 5:30 P.M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. CITY COUNCIL 2 DECEMBER 10, 2024 PRESENTATION OF THE COLORS Honor Guard, Santa Ana Police Department PLEDGE OF ALLEGIANCE Corporal Judith Valdez NATIONAL ANTHEM Corporal Judith Valdez WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church 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 City Council in-person: 1. Joel Block congratulated the re-elected officials and spoke regarding Santa Ana paving the way. 2. Nellie LeGaspe congratulated Councilmembers Hernandez and Lopez and Mayor Pro Tem Phan for being re-elected and spoke regarding Native American heritage. 3. Tom Frazier congratulated the re-elected officials and requested the City Council work together. 4. Fernando Deveras congratulated the re-elected officials and thanked those who supported Measure CC. MINUTES: At 5:42 P.M., the Business Calendar was considered. 1. Resolution Declaring the Results of the November 5, 2024 General Municipal Election – Measures CC, DD, EE, and FF and the Election of Certain Officers Department(s): City Clerk’s Office Recommended Action: 1. Adopt a resolution reciting the fact of the General Municipal Election held on November 5, 2024, declaring the results, and such other matters as may be provided by law. RESOLUTION NO. 2024-074 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW BUSINESS CALENDAR CITY COUNCIL 3 DECEMBER 10, 2024 2. Execute Ordinance No. NS-3073 approved by the voters approving Article XIX, Rent Stabilization and Just Cause Eviction Ordinance, of Chapter 8, Buildings and Structures, of the Santa Ana Municipal Code (Measure CC). ORDINANCE NO. NS-3073 entitled AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA ADOPTING A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE 3. Authorize submission to the Secretary of State, for acceptance and filing, amendments to the Santa Ana City Charter approved by the voters deleting references to obsolete job titles and obsolete bonding requirements, specifying that all department heads are at-will employees, addressing definitions of funds and levies for compliance with state law, authorizing limited purchasing authority for the City Clerk and City Attorney, and requiring the City Council to adopt an ordinance to enforce the Ethics Code (Measure EE). MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 1, 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 **END OF BUSINESS CALENDAR** OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED NAME TITLE Thai Viet Phan Councilmember, Ward 1 Jessie Lopez Councilmember, Ward 3 Johnathan Ryan Hernandez Councilmember, Ward 5 Valerie Amezcua Mayor MINUTES: Thu Ai Phan administered the Oath of Office to Councilmember Thai Viet Phan, Ward 1. Mayor Pro Tem Phan provided brief remarks. Oscar Lopez administered the Oath of Office to Councilmember Jessie Lopez, Ward 3. CITY COUNCIL 4 DECEMBER 10, 2024 Councilmember Lopez provided brief remarks. City Clerk Jennifer L. Hall administered the Oath of Office to Councilmember Johnathan Ryan Hernandez, Ward 5. Councilmember Hernandez provided brief remarks. Alfredo M. Amezcua, Esq. administered the Oath of Office to Mayor Valerie Amezcua. Mayor Amezcua provided brief remarks. ADJOURNMENT – Adjourn the Special City Council meeting. MINUTES: Mayor Amezcua adjourned the Special City Council Meeting at 6:31 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL 1 DECEMBER 17, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California December 17, 2024 CLOSED SESSION MEETING – 5 :00 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:07 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 City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived during closed session), Penaloza (arrived during closed session), and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmember Lopez was absent. CITY COUNCIL 2 DECEMBER 17, 2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:08 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. Alejandro Mora Casteneda v. City of Santa Ana, Samuel Esparza, Orange County Superior Court, Case No. 30-2023-01327336 B. Santa Ana Citizens for Responsible Development v. City of Santa Ana, et. al., Orange County Superior Court Case No. 30-2019-01119794 MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1B as the listed entity, Vineyard, is a client of her employer, Rutan and Tucker. 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 DECEMBER 17, 2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:48 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 5:52 P.M.), Lopez (arrived at 5:57 P.M.), Penaloza, and Vazquez, Mayor Pro Tem Phan , and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Police Chief Robert Rodriguez WORDS OF INSPIRATION Pastor Theodore Demetriades, Greenville Country Church ADDITIONS\DELETIONS TO THE AGENDA MINUTES: None. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to the Culture Center of Taipei Economic and Cultural Office in Los Angeles (Santa Ana) for Outstanding Contributions to the Community MINUTES: Mayor Amezcua presented a certificate of recognition to the Culture Center of Taipei Economic and Cultural Office in Los Angeles (Santa Ana) for outstanding contributions to the community. 2. Certificate of Recognition presented by Councilmember Bacerra to the Santa Ana College Football Team for their Western State Bowl Championship CITY COUNCIL 4 DECEMBER 17, 2024 MINUTES: Councilmember Bacerra presented a certificate of recognition to the Santa Ana College Football Team for their Western State Bowl Championship. 3. Certificate of Recognition presented by Councilmember Lopez to the Orange County Rapid Response Network for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to the Orange County Rapid Response Network for outstanding contributions to the community. 4. Certificate of Recognition presented by Councilmember Vazquez to the Santa Ana High School Water Polo Team for their First League Title in School History MINUTES: Councilmember Vazquez presented a certificate of recognition to the Santa Ana High School Water Polo Team for their first league title in school history. 5. Proclamation presented by City of Santa Ana honoring Tom Bystry in Recognition of his Retirement and 37 Years of Dedicated Service to the City of Santa Ana MINUTES: Assistant City Manager Steven Mendo za presented a proclamation by the City of Santa Ana honoring Tom Bystry in recognition of his retirement and 3 7 years of dedicated service to the City. MOTION: Councilmember Penaloza moved to move out of order and approve Consent Calendar Item Nos. 9 through 11, 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 AGENDA ITEM NO. 9 WAS MOVED OUT OF ORDER 9. Re-Appoint Various Boards and Commissions Members Nominated by Mayor Amezcua as the Mayoral Representative for a Full Term Expiring December 8, 2026 Department(s): City Clerk’s Office CITY COUNCIL 5 DECEMBER 17, 2024 Recommended Action: Appoint the following members and administer the Oaths of Office. 1. Dr. Maria (Susie) Lopez-Guerra – Arts and Culture Commission 2. Ana Laura Padilla – Community Development Commission 3. Mario Alvarado – Environmental and Transportation Advisory Commission 4. Irma Juaregui, Historic Resources Commission 5. Selica Diaz – Parks, Recreation, and Community Services Commission 6. Ernesto Gomez – Personnel Board 7. Christopher Leo – Planning Commission 8. Danny Vega – Police Oversight Commission 9. Timothy Johnson – Santa Ana 2018 Measure X Citizens’ Oversight Committee 10. Wyatt Malfavon – Youth Commission MINUTES: City Clerk Jennifer L. Hall administered the Oath of Offices to the commissioners who were present. AGENDA ITEM NO. 10 WAS MOVED OUT OF ORDER 10. Re-Appoint Various Boards and Commissions Members Nominated by Councilmember Lopez as the Ward 3 Representative to a Full Term Expiring December 12, 2028 Department(s): City Clerk’s Office Recommended Action: Appoint the following members and administer the Oaths of Office. 1. Debra Russell – Arts and Culture Commission (Pursuant to SAMC Sec. 2- 326(a), requires five affirmative votes.) 2. Alfonso Ceja Villa – Community Development Commission 3. David Crockett – Personnel Board 4. Isuri Ramos – Planning Commission (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 5. Alonzo Lugo – Santa Ana 2018 Measure X Citizens’ Oversight Committee 6. Mercy Benitez – Youth Commission (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Offices to the commissioners who were present. CITY COUNCIL 6 DECEMBER 17, 2024 AGENDA ITEM NO. 11 WAS MOVED OUT OF ORDER 11. Appoint Lawrence Klein to the Environmental and Transportation Advisory Commission and Oscar Rodriguez to the 2018 Santa Ana Measure X Citizens’ Oversight Committee Nominated by Councilmember Vazquez as the Ward 2 Representative for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Lawrence Klein to the Environmental and Transportation Advisory Commission and Oscar Rodriguez to the 2018 Santa Ana Measure X Citizens’ Oversight Committee as the Ward 2 representative and administer the Oaths of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Lawrence Klein. STAFF PRESENTATION 6. Orange County Sanitation District Presentation MINUTES: Orange County Sanitation General Manager Rob Thompson gave a presentation regarding the Orange County Sanitation District. 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. Mayor Pro Tem Phan recused herself from Cl osed Session Agenda Item No. 1B as the listed entity, Vineyard, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (24) Agenda Item No. 29, one (1) Agenda Item No. 30, and seven (7) non- agenda comments. The following speakers addressed City Council in-person: 1. Marisol Martinez spoke regarding NOVA Academy and thanked the City Council for their support. 2. Theresa Martinez spoke regarding NOVA Academy and thanked the City Council for their support. CITY COUNCIL 7 DECEMBER 17, 2024 3. Melissa Mier spoke regarding NOVA Academy and thanked the City Council for their support. 4. Claudio (translation: Spanish) spoke in support of Agenda Item No. 29. 5. John Ramirez spoke in support of Agenda Item No. 29 and congratulated the re- elected officials. 6. Carlos Perea spoke in support Agenda Item No. 31 and offered edits to the resolution. 7. Olivia Arzate (translation: Spanish) spoke in support of Agenda Item No. 31. 8. Tim Johnson spoke regarding Boards and Commissions vacancies and Agenda Item No. 14. 9. Dale Helvig spoke in support of Agenda Item Nos. 29 and 30. 10. April L. expressed concern regarding the homeless population and spoke regarding public safety. 11. Irma Jauregui congratulated the newly re-elected officials and spoke in support of Agenda Item No. 29. 12. George Callas spoke regarding investing and protecting businesses throughout the City. 13. Jennifer La Pointe spoke in support of Agenda Item No. 29. 14. Gloria Salinas spoke in support of Agenda Item No. 29. 15. Victor Mendez spoke in support of Agenda Item No. 29. The following speakers addressed City Council via teleconference: 16. Danny Vega congratulated the newly re-elected officials and spoke in support of Agenda Item No. 29. 17. Sandra O’Neal congratulated the newly re-elected officials and spoke in support of Agenda Item No. 29. 18. Patty congratulated the newly re-elected officials and spoke in support of Agenda Item No. 29. 19. Jensen Hallstrom expressed concerned regarding the removal of a ficus tree by the library. CITY COUNCIL 8 DECEMBER 17, 2024 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 27 and waive reading of all resolutions and ordinances. MINUTES: At 7:57 P.M., the Consent Calendar was considered. Councilmember Bacerra pulled Agenda Item No. 22 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item No. 17 for separate discussion and consideration. Councilmember Lopez pulled Agenda Item No. 14 for separate discussion and consideration, requested to comment on Agenda Item No. 21, and announced a “no” vote on Agenda Item No. 19. Mayor Pro Tem Phan recused herself from Agenda Item No. 17 as the listed entity, Wittman Enterprises, LLC., is a client of her employer, Rutan and Tucker. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 7 through 27 with the exception of Agenda Item Nos. 9, 10, and 11 already approved and 14, 17, 21, and 22 pulled for separate discussion and consideration, seconded by Councilmember Penaloza. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE COUNCILMEMBER VAZQUEZ Status: 6 – 0 – 0 – 1 – Pass 7. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 8. Minutes from the Regular Meeting of November 19, 2024 and December 3, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. CONSENT CALENDAR CITY COUNCIL 9 DECEMBER 17, 2024 9. AGENDA ITEM NO. 9 WAS MOVED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATION 10. AGENDA ITEM NO. 10 WAS MOVED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATION 11. AGENDA ITEM NO. 11 WAS MOVED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATION 12. Annual Development Impact Fee Report for Fiscal Year 2023-2024 Department(s): Public Works Agency Recommended Action: Receive and File. 13. Fiscal Year 2023-2024 General Fund Results Department(s): Finance and Management Services Recommended Action: 1. Receive and file this informational report. 2. Approve proposed General Fund appropriation adjustments as detailed in Exhibit 1 (Requires two-thirds vote). AGENDA ITEM NO. 14 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 14. Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 (FY25-26). MINUTES: Councilmember Lopez requested a yearly practice regarding the involvement of a Youth Forum and partnership with the local school district. Councilmember Penaloza requested the involvement of multiple school districts. MOTION: Councilmember Lopez 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: CITY COUNCIL 10 DECEMBER 17, 2024 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. Citywide Purchase Order to Daily Journal Corporation for Legal Notices, Public Awareness Advertising and Publishing Services (Specification No. 24- 119) (General Fund and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Award Citywide Purchase Order to Daily Journal Corporation for legal notices, public awareness advertising, and publishing services for a term beginning on December 18, 2024 as part of the County agreement, and expiring September 14, 2028, in an amount not to exceed $1,000,000 based on the term and pricing. 16. Agreement with Mekong Printing Inc. dba MK Printing for Offset Printing Services (Specification No. 24-082A) (General Fund and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Mekong Printing Inc. dba MK Printing to provide offset printing services for a term beginning November 20, 2024 and expiring November 19, 2027, with provision for one, 2-year extension, in an amount not to exceed $500,000 (Agreement No. A- 2024-207). MINUTES: Mayor Pro Tem Phan left the dais at 8:00 P.M. AGENDA ITEM NO. 17 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 17. Agreement with Wittman Enterprises, LLC for Ambulance and Paramedic Billing and Collection Services (Specification No. 24-104) (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Wittman Enterprises, LLC to provide ambulance and paramedic/medical billing and collection recovery services, based on a contingent collection fee rate of 3.75%, for a term beginning January 1, 2025 and expiring December 31, 2027, with provisions for three optional one-year extensions (Agreement No. A-2024-208). CITY COUNCIL 11 DECEMBER 17, 2024 MINUTES: Councilmember Penaloza asked for clarification regarding paramedic services and medical billing and education. Executive Director of Finance and Management Services Kathryn Downs stated the service is not free and the individual’s insurance is billed, and briefly spoke regarding medical information education. City Manager Alvaro Nuñez spoke regarding medical billing education and provided a balance. Councilmember Vazquez spoke regarding the paramedic subscription program. MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 17, 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 MINUTES: Mayor Pro Tem Phan retuned to the dais at 8:07 P.M. 18. Agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., for Video Production and Technical Services Department(s): City Manager’s Office Recommended Action: Authorize the City Manager to execute agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., to provide on-call video production and technical services for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and public service announcement (PSA) videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance, for the period of January 1, 2025 through December 31, 2026, in a total aggregate amount not to exceed $600,000, with the option for the City to grant up to two (2), one (1) year renewals, exercisable in writing by the City Manager and the City Attorney (Core Agreement No. A-2024-209). CITY COUNCIL 12 DECEMBER 17, 2024 19. Agreement with CivicPlus, LLC for the use of CivicRec Recreation Registration Software (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with CivicPlus for use of their recreation software beginning December 1, 2024 through December 16, 2025, with an option to extend for an additional year, for a total agreement amount not to exceed $50,000 (Agreement No. A-2024-210). MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 19, as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER LOPEZ NONE NONE Status: 6 – 1 – Pass 20. Purchase Order Contracts with Los Angeles Fencing Co. and Quality Fence Co. Inc. for Fence Rental, Purchase, and Installation Services (Specification No. 24-130A) (General Fund and Non-General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate Purchase Order Contracts to the vendors listed below for on-call fence rental, purchase, and installation services on an as-needed basis, in an annual aggregate amount not to exceed $1,000,000, for a term beginning December 17, 2024 and expiring December 16, 2026, with provisions for three additional one-year renewal options. Vendor Location Los Angeles Fencing Co. Ontario, CA Quality Fencing Co. Inc. Paramounty, CA AGENDA ITEM NO. 21 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 21. Agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for Emergency On-Call Water and Sewer Clean Up Services (Specification No. 24-054) (Non-General Fund) CITY COUNCIL 13 DECEMBER 17, 2024 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for emergency on-call water and sewer clean up services, for a term beginning January 1, 2025 and expiring December 31, 2027, with a provision for one, two year renewal, for a total aggregate amount not to exceed $775,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-211). MINUTES: Councilmember Lopez spoke in support of the item and thanked staff for their hard work and efforts. MOTION: Councilmember Lopez moved to approve the recommended action for Agenda Item No. 21, 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 AGENDA ITEM NO. 22 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 22. Agreement with City Net to Provide Street Outreach and Engagement Services for Individuals Experiencing Homelessness (Non-General Fund) 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 annual amount not to exceed $3,750,420, for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program to provide homeless outreach services and non-emergency, non-medical dispatch services for homeless-related calls, for a one-year term from January 1, 2025 through December 31, 2025, with a one-year renewal option, for a total not-to- exceed amount of $7,500,840 for the entire agreement (Agreement No. 2024- 212). 2. 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. CITY COUNCIL 14 DECEMBER 17, 2024 MINUTES: Councilmember Bacerra spoke in opposition to the item and expressed concern regarding the lack of assistance from the County in addressing homelessness. Councilmember Vazquez spoke in support of the item. Mayor Amezcua requested quarterly reports and spoke in support of the item. Mayor Pro Tem Phan spoke in support of the item. Councilmember Penaloza spoke in support of the item and expressed concern regarding the automatic renewal of the contract. City Manager Alvaro Nuñez spoke regarding the term of the contract, quarterly reports, and maximizing relationships to achieve objectives. Brief discussion ensured regarding services being provided by the City. Councilmember Lopez spoke in support of the item. Councilmember Vazquez requested comparable data on the reports. MOTION: Councilmember Vazquez moved to approve the recommended action for Agenda Item No. 22, as amended to include a detailed report at the end of the year prior to the renewal, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA COUNCILMEMBER BACERRA NONE NONE Status: 6 – 1 – Pass 23. Agreements with the County of Orange to Strengthen Regional Workforce Development Partnerships and Advancing Education-Industry Alignment through WIOA Initiatives (Non-General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $110,000 to assist in the coordination and implementation of the Regional Equity and Recovery Partnership (RERP) grant for the period from December 17, 2024 to December 31, 2025, subject to non - substantive changes (Agreement No. A-2024-213). CITY COUNCIL 15 DECEMBER 17, 2024 2. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $30,000 for coordination of workforce efforts under the Regional Plan Implementation (RPI) 5.0 grant for the period of December 17, 2024 to March 31, 2025, subject to non -substantive changes (Agreement No. A-2024-214). 3. Approve an appropriation adjustment to recognize $30,000 in funds from Orange County Grant Revenue Federal Grant-Indirect account (no. 12418002- 52001) and $110,000 from State Grant-Indirect account (no. 12418002-52027) and appropriating the same amounts to OC WIOA RPI 5.0 expenditure account (no. 12418750-various) and OC RERP expenditure account (no. 12418752- various), respectively. (Requires five affirmative votes) 24. Application for the State of California Department of Housing and Community Development Prohousing Incentive Program Department(s): Community Development Agency Recommended Action: 1. Adopt a resolution authorizing the City Manager to apply for up to $1 million in grant funding from the State of California Department of Housing and Community Development (HCD) Prohousing Incentive Program. RESOLUTION NO. 2024-075 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS 2. If awarded Prohousing Incentive Program grant funding from HCD, authorize the City Manager to execute an agreement with the State of California, in the form of HCD’s “Standard Agreement,” for receipt of the Prohousing Incentive Program grant funding for an amount up to $1 million, and any other documents required by HCD to secure the grant, if approved, as to form by the City Attorney. 25. Adopt a Resolution, Authorize Award Amendment, and Approve an Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non-General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $36,500 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,927,800 to $1,964,300. CITY COUNCIL 16 DECEMBER 17, 2024 RESOLUTION NO. 2024-076 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB-RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing additional FY 2022 Urban Areas Security Initiative in the amount of $36,500 in revenue account and appropriate same in the FY 2022 Urban Areas Security Initiative Program Grant expenditure accounts. (Requires five affirmative votes) 3. Authorize the City Manager and Chief of Police to execute the Grant Sub - Recipient Award Amendment #2 with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program (Agreement No. 2024-215). 26. Resolution Approving the Submission of the Fiscal Year 2023-24 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 2023-24 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. RESOLUTION NO. 2024-077 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. Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation as Required by Master Agreement No. 64SantaAnaMA and Approve Master Agreeme nt for California State Transportation Agency Transit and Intercity Rail Capital Program No. 64SantaAnaMA to Secure Transit and Intercity Rail Capital Program Grant Funds Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a California State Transportation Agency Transit and Intercity Rail Capital Program Master Agreement No. 64SantaAnaMA for TIRCP-Funded Projects with the State of California Department of Transportation (Agreement No. A-2024-216). 2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by Master Agreement for California State Transportation Agency Transit and Intercity Rail CITY COUNCIL 17 DECEMBER 17, 2024 Capital Program No. 64SantaAnaMA with the State of California Department of Transportation to reimburse the City for Transit and Intercity Rail Capital Program-Funded projects. RESOLUTION NO. 2024-078 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY THE TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) MASTER AGREEMENT NO. 64SANTAANAMA FOR TIRCP-FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION *END OF CONSENT CALENDAR** MINUTES: At 8:33 P.M., the Business Calendar was considered. 28. Biennial Review and [Re]Appointment of Regional Board Representatives Department(s): City Clerk’s Office Recommended Action: 1. Review the regional board appointment list and [re]appoint members and alternates to serve as representatives to various outside agencies through December 2026 (or specific term where noted) [Metropolitan Water District of Southern California (MWD), Newport Bay Watershed Executive Committee, Orange County Fire Authority (OCFA), Orange County Housing Finance Trust (OCHFT), Orange County Sanitation District (OC San), Orange County Water District (OCWD), Southern California Association of Governments (SCAG), Orange County Council of Governments (OCCOG), Santa Ana River Flood Protection Agency (SARFPA), Transportation Corridor Agencies (TCA)]. 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority’s Board of Directors, if necessary. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS (Not Required) 3. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City’s website. BUSINESS CALENDAR CITY COUNCIL 18 DECEMBER 17, 2024 MINUTES: City Clerk Jennifer L. Hall gave a report regarding the biennial review and reappointment of regional board representatives. Brief discussion ensued regarding regional board representatives. MOTION: Councilmember Penaloza moved to appoint all the current incumbents to their positions with the exception of Councilmember Lopez to serve as the alternate to Orange County Sanitation District (OC San), 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 29. Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code Department(s): Police Department Recommended Action: Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon V. Johnson, et. al., 144 S. Ct. 2202 (2024): ORDINANCE NO. NS-3074 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING PROVISIONS TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH THE PUBLIC’S RIGHTS OF ACCESS TO PUBLIC PROPERTY AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) MINUTES: Mayor Pro Tem Phan spoke regarding the proposed ordinance and in support of the item. CITY COUNCIL 19 DECEMBER 17, 2024 Councilmember Bacerra spoke regarding safe access to public spaces and spoke in support of the item. Councilmember Lopez spoke regarding the proposed ordinance and in support of the item. Councilmember Vazquez spoke in support of the item. Mayor Amezcua spoke regarding quality of life in the City and in support of the item. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 29, 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 30. Uncodified Ordinance of the City Council of the City Of Santa Ana Amending the List of Replacement Parcels and Parcels Exempt From California Government Code Sections 65912.114 And 65912.124 Based On Written Findings Pursuant to California Government Code Sections 65912.114(i) an d 65912.124(i) Department(s): Planning and Building Agency Recommended Action: 1. Adopt an uncodified ordinance amending the list of replacement parcels and parcels exempt from California Government Code Sections 65912.114 and 65912.124 based on written findings pursuant to California Government Code Sections 65912.114(i) and 65912.124(i). UNCODIFIED ORDINANCE NO. NS-3075 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIST OF REPLACEMENT PARCELS AND PARCELS EXEMPT FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) CITY COUNCIL 20 DECEMBER 17, 2024 2. Determine that adoption of this ordinance not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o) and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 30, seconded by Councilmember Hernandez. The motion carried, 6-0-0-1, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE COUNCILMEMBER LOPEZ Status: 6 – 0 – 0 - 1 – Pass 31. Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate Department(s): City Manager’s Office Recommended Action: Adopt a resolution recognizing the significant concerns of the community and the family of Edgar Vargas Arzate. RESOLUTION NO. 2024-079 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY’S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS MINUTES: Councilmember Vazquez requested to add a “whereas statement to reflect the City of Santa Ana reaffirms its status as a Sanctuary City.” Mayor Pro Tem Phan spoke in support of the item as is and questioned the request for the additional line item. Councilmember Vazquez stated he wants to reassure the families in the community. Councilmember Bacerra spoke regarding the status of the City of Santa Ana being a sanctuary city and spoke in support of the item as-is. Discussion ensued regarding the status of the City of Santa Ana being a sanctuary city. CITY COUNCIL 21 DECEMBER 17, 2024 MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 31, as amended, to add a whereas statement to reflect the City of Santa Ana reaffirms its status as a Sanctuary City, seconded by Councilmember Hernandez. SUBSTITUE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 31, seconded by Mayor Amezcua. The substitute 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** RECESS MINUTES: Mayor Amezcua recessed the City Council meeting and called the Special Housing Authority meeting to order at 9:03 P.M. RECONVENE MINUTES: Mayor Amezcua adjourned the Special Housing Authority meeting and reconvened the City Council meeting to order at 9:05 P.M. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nuñez reported the appointment of Police Chief Robert Rodriguez and thanked City Council and staff for all their hard work, efforts, and leadership. He wished everyone Happy Holidays. 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 Chief of Police Robert Rodriguez, Board President Hector Bustos as the first LGBTQ board member, and SAUSD Trustee Valerie Magdaleno, stated he will be supporting toy giveaways at Jerome Park on December 22, Monday, December 23 at Pico Lowell neighborhood, and December 24 with Supervisor Sarmiento, and wished all a Merry Christmas and Happy New Year. CITY COUNCIL 22 DECEMBER 17, 2024 Councilmember Lopez congratulated Chief of Police Robert Rodriguez, SAUSD Trustee Valerie Magdaleno, and SAUSD Board President Hector Bustos, invited all to attend the Toy Drive at Downtown Santa Ana on January 3rd at 10:00 A.M., and wished staff happy holidays and Happy New Year. Councilmember Penaloza wished all a Merry Christmas, Happy Hanukkah, and happy holidays, and thanked staff for their hard work. Councilmember Hernandez thanked staff for all their hard work and efforts, congratulated Chief of Police Robert Rodriguez, invited all to attend the Toy Drive at Placita Cinco on December 18, and wished everyone happy holidays. Councilmember Bacerra congratulated Chief of Police Robert Rodriguez, congratulated Mater Dei High School for being the National Champions in High School football, stated MHA finally closed, announced monthly community office hours January 4th at 10:00 A.M. at Segerstrom Triangle Park, and wished everyone Happy Hanukkah, Merry Christmas, and happy holidays. Mayor Pro Tem Phan congratulated the newly re-elected officials, expressed excitement for the Tamal Fest and Fiestas de Mariachis, spoke regarding Cal Optima Resource Fair, congratulated Chief of Police Robert Rodriguez, announced participation at the Toy Drive on December 24 with Supervisor Sarmiento, and wished a Happy Birthday to her niece, Penelope, and Councilmember Penaloza, Merry Christmas, and happy holidays to all. Mayor Amezcua requested council fill their vacancies on boards and commissions, congratulated Deputy Chief Esparza on his retirement and Chief of Police Robert Rodriguez, and spoke regarding Wilshire Square parade, League of California Cities OC division meeting at Santa Ana College, and the grand opening of Gerardo Mouet Park. She thanked SEVA for donating food, stated she co-hosted the Asian American senior citizens luncheon, spoke regarding the 5th Annual Tamal Fest and toy giveaway, requested the City write a letter to Santa Ana Unified School District addressing student pick-up and drop-off that live at shelters, wished everyone a happy holidays, and thanked city staff for their hard work and efforts. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:24 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk