Minutes — Santa Ana City Council, January 17, 2023

Minutes of the Special Closed Session and
Regular Meeting of the City Council
City of Santa Ana, California
January 17, 2023
CLOSED SESSION MEETING - 4: 30 P. M.

CALL TO ORDER

ATTENDANCE
REGULAR OPEN MEETING - 5: 45 P. M.

Immediately following the
Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701

SPECIAL CLOSED SESSION
Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tern Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Acting City Clerk Norma Orozco
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:39 P. M.

CITY COUNCIL 1 January 17, 2023
Mayor Amezcua announced that Closed Session Item No. 5 was continued to the February 7, 2023 meeting.

ROLL CALL
MINUTES: ActingCityClerkNormaOrozcoconductedRollCall. Councilmembers Penaloza and Vasquez and Mayor Pro Tem Lopez were present in person. Mayor Amezcua and CouncilmemberHernandezattendedvia teleconference. Councilmembers Bacerraand Phanjoined the meetingin person duringClosedSession.

PUBLIC COMMENTS — Membersof the public may addressthe City Councilon Closed Session items.

MINUTES: NopubliccommentswerereceivedregardingClosedSessionitems.

MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P. M.

CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matterswithoutmembersofthe publicpresent. The CityCouncilfinds, basedonadvice fromtheCityAttorney, thatdiscussioninopensessionofthefollowingmatterswillprejudice the positionof the Cityinexistingandanticipatedlitigation:

CONFERENCEWITH LEGAL COUNSEL- EXISTING LITIGATION pursuantto Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Derek Bercher v. City of Santa Ana, Matthew Sorenson, Orange County Superior Court, Case No. 30-2021- 01212102

2. CONFERENCEWITH LABOR NEGOTIATOR pursuant to Government Code Section 54957. 6( a):

Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:

Santa Ana Police Officers Association ( POA)
Service Employees' International Union ( SEIU) Full -Time Employees Confidential Association of Santa Ana (CASA)
Santa Ana Management Association ( SAMA)

3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuantto Government Code 54957
Title: Clerk of the Council
CITY COUNCIL 2 January 17, 2023
9 2.

CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957. 6 Unrepresented employee: ( Clerk of the Council)
THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to subdivision ( a) of Section 54957 of the Government Code:

Consultation with Santa Ana Police Department, Chief David Valentin Closed Session Item No. 5 continued to February 7, 2023.

CLOSED SESSION REPORT — The City Attorneywill reporton any action(s) to be taken at the Regular Open Session which will begin immediatelyfollowing the Closed Session.

RECONVENE — City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: MayorAmezcua reconvened the City Council at 7:12 P.M.

ROLL CALL
MINUTES: Councilmembers Bacerra, Penaloza, Phan, and Vasquez and Mayor Pro Tem Lopez were present in person. Mayor Amezcua and Councilmember Hernandez attended via teleconference.

PLEDGE OF ALLEGIANCE

WORDS OF INSPIRATION
Councilmember Penaloza
Pastor Maribel Toan

CEREMONIAL PRESENTATIONS
Certificate of Recognition presented by Mayor Pro Tem Lopez to Rachael Cianfrani for Outstanding Contributions to the Community.

MINUTES: Item 1 was continued to a future meeting, date to be determined.

Proclamation presented by Councilmember Phan declaring January 22, 2023 as Tet / Lunar. New Year.

CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session.

CITY COUNCIL January 17, 2023
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.

PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings.

Commentsfor publichearingswill takeplaceafterthe hearingis opened.

MINUTES: Melissa Shepard spoke regarding Immigrant Defenders Law Center.

Jose Luis Sandoval spoke on restaurants and food trucks being affected by taco stands without permits.

Daniel Perez spoke on laws that small businesses have to follow and on small businesses being affected by taco stands on the sidewalks.

Roberto Guzman spoke on the limitations the authorities have when dealing with vendorswithoutpermitsdueto lawsset inplace by the Stateof California.

Alex Rivera spoke on problems with street vendors and taco stands.

Araceli Gonzalez spoke on woman -owned businesses closing and asked for help and support.

Juan Gonzalez, SoCal Gas Public Affairs Manager, spoke about past and upcoming expensivegas billsdueto historicallyhighnationalgaspricesin the westernUnited States, waysto reducegas use, andon resourcesofferedby SoCal Gasfor income - qualified residentsor residentshavingissueswith theirgas bill.

Bulmaro Vicente spoke on Item Nos. 29 and 24 and also spoke of changes they would like to see with the Police Oversight Commission.

Maria Garcia spoke on having to close their business due to street vendors.

Miriam Rojas spoke on time spent in a detention center and the psychological effects it has had.

Ana Ramirez spoke in support of the renewal of the Universal Representation Program.

Mua Trejospokein supportof expandingandrenewinglegalservicecontractsfor the community.

Laura Hernandez spoke in support of renewing the Immigrant Defenders contract.

CITY COUNCIL 4 January 17, 2023
Acting City Clerk Norma Orozco reported out the summary of email comments received:

Three ( 3) comments regarding Item 24, Five ( 5) comments regarding Item 29, and Two 2) non - agenda comments.

CONSENTCALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 28.

MINUTES: Councilmember Bacerra pulled Item Nos. 10 and 13, Councilmember Phan pulled Item No. 24, and Mayor Amezcua pulled Item No. 5 for separate discussion and consideration.

Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar Item Nos. 3 through 28 with the exception of Item Nos. 5, 10, 13, and 24.

3. Excused Absences
Department( s): Clerk of the Council
Recommended Action: Excuse the absent members.

4. Adopt Ordinance No. NS- 3036— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2022- 01 AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1700, 1720, AND 1740 EAST GARRY AVENUE ( APN 430- 171- 07) FROM PROFESSIONAL ( P) TO LIGHT INDUSTRIAL M1)
First reading at the December 20, 2022 City Council meeting and approved by a vote of 5- 0- 1- 1 ( Phan abstain and Lopez absent).

Published in the Orange County Reporteron January 6, 2023.

Department( s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

CITY COUNCIL 5 January 17, 2023
MINUTES: Item 4 was reconsidered after consideration of Item 24.

Councilmember Phan recused herself from Item No. 4, as the listed party is a client of her employer, Rutan & Tucker.

Moved by Councilmember Penaloza, seconded by Mayor Amezcua to reconsider Item No. 4.

YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 1 — Councilmember Phan
ABSENT: 0
Status: 6- 0— 1 — 0— Pass
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to adopt Item No. 4.

5. Appoint Various Boards and Commissions Members Nominated by Mayor Amezcua as the Mayoral Representativesfor a Full Term Expiring December 10, 2024 Department( s): Clerk of the Council
Recommended Action: Appoint.

1. Dr. Susie Lopez -Guerra - Arts and Culture Commission

2. Selica Diaz - Parks, Recreation and Community Services Commission

3. Ana Laura Padilla — Community Development Commission

4. Mario Alvarado — Environmental and Transportation Advisory Commission

5. Irma Jauregui — Historic Resources Commission

6. Ernie Gomez— Personnel Board

7. Chris Leo — Planning Commission

8. TimothyJohnson — SantaAna2018MeasureX Citizens' OversightCommittee

9. Caylin Vidaurri — Youth Commission
CITY COUNCIL 6 January 17, 2023
MINUTES: Mayor Amezcua requested the removal of Youth Commission nominee Caylin Vidaurri as she is no longer a high school student.

Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to Appoint Mayor Amezcua' s nominees, with the exception of the withdrawn Youth Commission nominee.

YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7- 0- 0- 0 — Pass
MINUTES: Mayor Amezcua reported the oaths of office would be administered on February 7, 2023.

6. Housing Successor Annual Reportfor FY 2021-22 — Low and Moderate Income Housing Asset Fund
Department( s): Community Development Agency
Recommended Action: Receive and file.

7. Authorize Exchange of Storm Drain Easements within 1202 West Edinger Avenue Applicants and Owners: Mater Dei High School)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute quitclaim deeds relinquishing the City' s interest in drainage easements at 1202 West Edinger Avenue, in exchange for replacement storm drain easement.

8. Award a Purchase Order to VMI, Inc. in the Amount of $ 61, 319 for Audio Video Equipment for the Council Chamber, Playback Room and Control Room ( Specification No. 22- 162) General Fund)
Department( s): City Manager Office
Recommended Action: Authorize a one-time purchase and payment of purchase order to VMI, Inc. for the purchase of audio video equipment, in the amount of $ 61,319, subject to non -substantive changes approved by the City Manager and City Attorney.

CITY COUNCIL 7 January 17, 2023

9. Award a Purchase Order to RDO Equipment Co. in the Amount of $ 201, 757 for One Vermeer Wood Chipper and One Vermeer Stump Grinderfor the Public Works Maintenance Services — Tree Section ( Specification No. 22- 171) ( Non -General Fund) Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order to RDO Equipment Co. for the purchase of a Vermeer wood chipper and a Vermeer stump grinder, inthe amountof $191,757, plusa contingencyof $10,000, for a totalamountnotto exceed $201,757, subject to non -substantive changes approved by the City Manager and City Attorney.

10. Awarda PurchaseOrderto LongBeachBMWMotorcyclesin the Amountof $185,639for Six BMW RT-P Motorcycles ( Specification No. 22- 137) ( Non -General Fund) Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order to LongBeachBMWMotorcyclesforsix (6) BMWRT-Pmotorcycles, inthe amountof 180,639, plusa contingencyof $5,000, for a totalamountnotto exceed $185,639, subject to non -substantive changes approved by the City Manager and City Attorney.

MINUTES: Councilmember Bacerra inquired about the use of Crevier BMW located in Santa Anaas opposedtoadealershipintheCityofLongBeach, to whichCityManagerKristine Ridge explainedthat CrevierBMW does notprovide motorcycles. CouncilmemberBacerra requestedstaffproactivelycontactlocalbusinesses.

Councilmember Penaloza requested staff identify how many prospective bidders were contacted and the number of responsive bidders.

Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to Approve Item No. 10.

11. AwardContractsto DooleyEnterprises, Inc. andMiwallCorporationfor Trainingand Duty Ammunition in the Annual Aggregate Amount of $ 105,000 ( Specification No. 22- 153) General Fund)
Department( s): Police Department
CITY COUNCIL 8 January 17, 2023
Recommended Action: Award blanket purchase order contracts to Dooley Enterprises, Inc. and Miwall Corporation for training and duty ammunition for a one- year period beginning February 1, 2023 and expiring January 31, 2024, with provisions for two, one- year renewal options exercisable by the City Manager, in an annual aggregate amount not to exceed $105,000, subject to non -substantive changes approved by the City Manager and City Attorney.

12. Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the King Street Urban Greening Project ( Project No. 23- 6625) ( Non -General Fund) Department( s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize 1,491, 240 in Clean California Local Grant Program funding from the California Department of Transportation ( Caltrans) into the PWA Enterprise Capital Grants, State Grant - Direct Revenue Account and appropriate the same amount into the Public Works -Water Quality and Control, Improvements Other Than Buildingexpenditure account.

Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2022- 23 Capital Improvement Project to include $ 1,491, 240 of funding from the Caltrans Clean California Local Grant Program for the King Street Urban Greening Project.

MINUTES: Councilmember Hernandez expressed his appreciation that the Public Works Agency was moving forwardwiththisproject.

13. Approve Appropriation Adjustment to Recognize Grant Revenue from State of California Resources Recycling & Recovery for Senate Bill 1383 Local Assistance Grant in an Amount not to Exceed $ 435, 450
Department( s): Public Works Agency
Recommended Action: Approve an appropriation adjustment to recognize State of California Resources, Recycling & Recovery ( CalRecycle) Senate Bill ( SB) 1383 Local Assistance Grant Program grant funds in the amount of $ 435,450 in the PWA Refuse Enterprise, State Grant - Direct revenue account and appropriate the same amount to the PWA Refuse Enterprise, Contract Services - Professional expenditure account. ( Requires five affirmative votes)
MINUTES: Councilmember Bacerra inquired about the grant funding disbursement limitations and requested staff research state -funded grants to assist with the purchase costs of new waste receptacle enclosures.

Mayor Amezcua requested staff research alternate funding sources to assist residents offset the costs of purchasing alternative waste receptacle enclosures and provide information to the Council and the public.

CITY COUNCIL 9 January 17, 2023
Councilmember Phan requested staffperform community outreach in the Spanish and Vietnamese - speaking communities.

Moved by Councilmember Bacerra, seconded by Mayor Amezcua to Approve Item No. 13.

14. Approve Budget Reallocations and Amendment to the Project Cost Analysis to Increase Project Construction Fundingfor the South Main Street Corridor Improvements Project Project No. 17- 9001, 18- 6911, 20- 6958, 21- 6451, 21- 6461, 21- 6014 & 19- 6940) Non - General Fund)
Department( s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $435, 000 in unspent Road Maintenance and Rehabilitation Account ( SB- 1) funds from the Bristol Street Rehabilitation:

Santa Clara Avenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue ( Project No. 20- 6958).

2. Authorize budget reallocation of $435, 000 in unspent Road Maintenance and Rehabilitation Account ( SB- 1) funds from the Bristol Street Rehabilitation: Santa Clara Avenueto MemoryLaneFY21/22 (No. 22-6990) Projectto constructionfundsfor Main Street Rehabilitation from Dyer Road to Warner Avenue ( Project No. 19-6940).

3. Approve an amendment to the Project Cost Analysis in the amount of $ 1,320, 000 for 1,320,000inadditionalcontingencyfundsand $250,000in additionalinspectionand testing. The newestimatedtotalconstructiondeliverycost is $24,325,389.72, subjectto non -substantivechanges approved by the City Manager and City Attorney.

15. Approve an Additional Contingency Funds in the Amount of $165,000 for an Existing Construction Contract with Allinone Construction, Inc., and Additional Contract Administration, Inspection, and Testing in the Amount of $22,500 with an Estimated Project Delivery Cost of $764,020 for the Santa Ana City Hall 3rd Floor Tenant Improvements Project ( Project No. 22- 1401) ( General Fund).

Department( s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $187,500for $165,000 in additional contingency funds and $22,500 in CITY COUNCIL 10 January 17, 2023
additional contract administration, inspection and testing for a new estimated total construction delivery cost of $764,020. The new estimated total construction delivery costs include $ 427, 052 for the construction contract, $ 86, 558 for contract administration, inspection and testing, and a $250,410 project contingency for unanticipated or unforeseenwork, subjectto non -substantive changes approved by the City Manager and City. Attomey.

2. Approve an amendment to the Fiscal Year 2022- 23 Capital Improvement Program for 187, 500, which includes $ 22, 500 in construction engineering funds and $ 165, 000 for constructioncontingencyfunds, fortheCityHall3rdFloorTenantImprovementsProject 22- 1401).

16. Approve an Appropriation Adjustment Accepting the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant
Department( s): Police Department
Recommended Action: Approve an appropriation adjustment recognizing $ 14,378 in grant revenue from the U.S. Department of Justice Grants and appropriate same to the Bulletproof Vest Grant expenditure account. ( Requires five affirmative votes)

17. Amend Agreement with Adams Streeter Civil Engineers, Inc. for On -Call Development Plan Checking Services by an Additional $ 50,000 Annually for the Remainder of the Agreement Term ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Adams Streeter Civil Engineers, Inc. for on -call development plan checking, to increase the amount by $ 50,000 annually, for a total annual amount not to exceed 200,000 for the remainder of the term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-001).

18. Amend the Agreement with Blueray Management, LLC to Provide Pool Maintenance at Various City Pools by Extendingthe Tenn for an Additional Six Months and Increasing the Agreement Amount by $ 200, 000 ( General Fund).

Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blueray Management, LLC. to provide pool maintenance services at Various City Pools, to extend the term of the agreement for an additional six-month term beginning January 21, 2023 through June 30, 2023, and increase the amount by $ 200, 000, for a total agreement amount of $971,481, subject to non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 002).

CITY COUNCIL 11 January 17, 2023

19. Approve Purchase Agreement in the Amount of $740, 000 for Full Real Property Acquisition for Wamer Avenue Improvements Phase 2 (Property Owners: Fidel Solis and Margarita Solis) ( Project No. 18-6901) ( Non -General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase agreement with Fidel Solis and Margarita Solis, for the full acquisition and goodwill (if any), of the propertylocatedat 909E. WamerAvenue (APN016-105-21) inthe amountof $740,000, subject to non -substantive changes approved by the City Manager and the City Attorney Agreement No. 2023- 003).

20. Amend the Agreement with Alliance Consulting Services, Inc., to Increasethe Total AgreementAmountby $72,000for Right -of -WayCoordinationServicesfor the Remaining Term of the Agreement ( Non -General Fund).

Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreementwithAllianceConsultingServices, Inc. to updatethe scopeofworkto include additional locations and increase the total compensation amount by $72,000for an updated agreement amount not to exceed $ 121, 500, for the remainder of the agreement term expiring June 30, 2025, with two one-year renewal periods, subject to non -substantive changesapprovedby the CityManagerand CityAttorney (Agreement No. 2023-004).

21. Amend Agreement with DMS Facility Services, to Increase the Contract Amount by 545,800 for Enhanced Landscape Services of City Park and Park Buildings ( General Fund and Parking Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with DMS Facility Services, to provide landscape maintenance and repairsatCityParks, increasingtheamountby $545,800, whichincludesa $100,000 contingency, for the remainingtermfromJanuary17, 2023throughJanuary31, 2024, for a total agreement amount of $ 16,038, 396 subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-005).

22. Amend an Agreement with Bucknam InfrastructureGroup, Inc. to Increasethe Total AgreementAmountby $66,286, for a TotalAmountnotto Exceed $157,286, for Pavement Management Program and Geographic Information System Professional Services Non - General Fund) ( Project22- 6898)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendmentto the agreementwith Bucknam InfrastructureGroup, Inc. to increase the total compensation by CITY COUNCIL 12 January 17, 2023
66, 286, for a total agreement amount not to exceed $ 157, 286, for the remainder of the agreement term expiring October 18, 2023, with two one-year renewal periods, subjectto non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 006).

23. Approve and Amend a Three-year Agreement for Volume Licensing and Maintenance for Microsoft Software and Products through Software One, Inc. for an Amount not to Exceed 1, 500, 000 ( Non - General Fund)
Department( s): InformationTechnology
Recommended Action: Approve and amend an agreement to renew licensing solution provider agreement with Software One, Inc. for the purchase of Microsoft software licenses, for a three-year period, beginning February 1, 2023, through January 31, 2026, in the amount not to exceed $1,500,000, subjectto non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 007).

24. Approve an Amendment to the Agreement with Immigrant Defenders Law Center For Immigration Legal Defense Services for a Two - Year Term in an Amount not to Exceed 400, 000 ( General Fund)
Department( s): City Manager Office
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2023 and ending January 31, 2025, in an amount not to exceed $ 400, 000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-009).

MINUTES: Councilmember Vazquez addressed a discrepancy in the budget amount and the contract amount and proposed staff initiate a Request for Proposal ( RFP) for a new service provider to provide legal assistance to the Asian American and Pacific Islander community.

Councilmember Phan inquired about the feasibility of working with community organizations rather than opening a request for a proposal, and also to look at a broader approach in the future.

Mayor Pro TemLopezrequestedthe RFP includerequiring theservicesprovided be for Santa Ana residents.

Moved by Councilmember Phan, seconded by Councilmember Vazquez to approve, as amended, to include an informational report from Immigrant Defenders Law Center, approve their agreement, and open a request for proposal for a second vendor to provide services to the Asian American and Pacific Islander Community.

CITY COUNCIL 13 January 17, 2023
YES: 6 — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 1 — Councilmember Bacerra
Status: 6- 0- 0— 1 — Pass
MINUTES: Followingdiscussionof Item No. 24, ItemNo. 04 was reconsidered.

25. Approve Amendment to the Agreement with The Counseling Team Internationalin the amount of $6,145for Law Enforcement Psychological Services (General Fund) Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an amendment to the agreementwithTheCounselingTeamInternationalinanamountnottoexceed $6,145forlaw enforcementpsychologicalservicesforatotalaggregateamountnotto exceed $84,145for the agreement term ending on September 30, 2025, subject to non -substantive changes approvedbythe CityManagerandCityAttorney (Agreement No. 2023-008).

26. Cityof SantaAna UpdatedHazardMitigationPlan
Department( s): Police Department
Recommended Action: Resolution No. 2023- 001 — Adopt a resolution approving the updated 2022 Hazard Mitigation Plan and direct staff to submit the resolution to the Federal EmergencyAgencyManagementAgency (FEMA) forfinalapprovalof the Plan.

RESOLUTION NO. 2023-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE 2022 HAZARD MITIGATION PLAN

27. Adopta ResolutionApprovingthe Applicationfor GrantFundsfromthe UrbanGreening Program
Department( s): Public Works Agency
Recommended Action: Resolution No. 2023- 002 — Adopt a resolution approving the applicationfor grantfundsfor UrbanGreeningProgramfor the Bristol -TolliverStreetUrban Greening Project.

RESOLUTION NO. 2023-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR URBAN

GREENING PROGRAM
CITY COUNCIL 14 January 17, 2023

28. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department( s): Clerk of the Council Office
Recommended Action: Resolution No. 2023- 003 — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

RESOLUTION NO. 2023- 003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE
TELECONFERENCING PROVISIONS ( AB 361)
END OF CONSENT CALENDAR**

BUSINESS CALENDAR

29. Police Oversight Commission Informational Report
Department( s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff.

MINUTES: Principal Management Analyst Daniel Soto provided a brief presentation.

Councilmember Phan inquired about the benefits of the commission director being a professional service contractor versus an at -will civil servant. She spoke in favor of a professional service agreement with a longer term and requested they be selected outside of an election year.

Councilmember Penaloza also spoke in favor of a professional service agreement and requested staff begin researching the charter amendments needed for 2024.

Councilmember Vazquez inquired about the Commission' s involvement in the selection of the oversight director, to which City Manager Kristine Ridge explained the provisions of the Commission formation ordinance and offered options.

Councilmember Hernandez spoke in favor of a professional services agreement with clear terms and conditions, as well as public involvement.

Councilmember Bacerra addressed the initial approval of the Commission by the Council and spoke in support of a professional services agreement.

CITY COUNCIL 15 January 17, 2023
Mayor Pro TernLopezspoke in supportof a professionalservices agreementfor an independent oversight director and in opposition to an ad hoc committee.

Mayor Amezcua spoke in support of a professional services agreement with a yearly term.

CityManagerKristineRidgesummarizedthe directionprovided by the Councilto move forward withretaining an IndependentOversightDirectorthrough a professional services agreementand a request forproposal that will be presentedto the Council, which will include a sample agreement.

END OF BUSINESS CALENDAR**

PUBLIC HEARINGS
PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items.

30. PublicHearing: ConsideranOrdinanceto Disestablishthe DowntownSantaAna Business Improvement District
Legalnoticepublishedinthe OrangeCountyReporteron January6, 2023andnotices mailed on December 28, 2022.

Department( s): Community Development Agency
Recommended Action: Approve first reading of an ordinance to disestablish the Downtown Santa Ana Business Improvement District.

ORDINANCE NO. NS-3037 AN ORDINANCE OF THE CITY OF SANTA ANA TO

DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT MINUTES: Mayor Amezcua opened the Public Hearing at 9:16 P.M.

GinetteSanchez, Latino MerchantGroup, spoke in supportof Item 30 andrequested the status of grants for downtown businesses.

Acting City ClerkNorma Orozcoreportedthat one email commenthad been received for Public Hearing Item No. 30.

Victor Pallan, via teleconference, spoke in support of Item 30 and provided Barrio Logan in San Diego as an example of best practices for a downtown improvement district.

CommunityDevelopmentExecutiveDirectorMike Garciaprovided a brief presentation.

CITY COUNCIL 16 January 17, 2023
Mayor Amezcua closed the Public Hearing at 9:23 P.M.

Moved by Councilmember Penaloza, seconded by Councilmember Vazquez to Approve Public Hearing Item No. 30 for the first reading of the ordinance.

31. Public Hearing: Adopt a Resolution Authorizing the Condemnation of the Entire Real Property Located at 2245 South Halladay Street ( APN 016- 105- 19), Owned by Kenneth A.

Steele and Ana Steele, Husband and Wife as Joint Tenants, Declaring the Public Necessity and Interest Thereof ( Project No. 18- 6901) ( Non - General Fund) Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on December 29, 2022.

Department( s): Public Works Agency
Recommended Action: Resolution No. 2023- 004 — Adopt a resolution authorizing the condemnation of the entire real property located at 2245 South Halladay Street ( APN 016-105-19), owned by Kenneth A. Steele and Ana Steele, Husband and Wife as joint tenants, declaring the public necessity and interest thereof. ( Requires five affirmative votes) RESOLUTION NO. 2023- 004 A RESOLUTION OF THE CITY COUNCIL OF SANTA

ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE,

AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2245 SOUTH HALLADAY STREET APN NO. 016- 105- 19) FOR THE WARNER AVENUE IMPROVEMENTS PROJECT MINUTES: Mayor Amezcua opened the Public Hearing at 9:25 P.M.

Kenneth Steele, World Properties, objected to the taking of the full property due to a lease encumbered along the rear 20 feet of the property and requested a partial acquisition, or alternately, full compensation for the lease and the loss of income.

Nabil Saba, Public Works Executive Director, provided a brief presentation.

Councilmember Bacerra addressed the good faith efforts and recommended acquisition price and expressed concern with the timing of the actions presented.

Councilmember Phan questioned conflicting appraisals of the property, the difference CITY COUNCIL 17 January 17, 2023
between a full and partial take, and the ability of the property owner to rent the property following tenant relocation.

Mayor Amezcua closed the Public Hearing at 9:44 P.M.

Councilmember Vazquez expressed concerns with the appraisal, to which Director Saba responded that staff is open to negotiations with the property owner prior to final resolution.

Mayor Amezcua requested information on the project and amenities planned for the area and expressed concerns with flooding in protected bike lanes.

Moved by Councilmember Bacerra, seconded by Councilmember Phanto Approve Public Hearing Item No. 31.

YES: 6— Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua NO: 0
ABSTAIN: 0
ABSENT: 1 — Mayor Pro Tern Lopez
Status: 6- 0- 0— 1 — Pass

32. PublicHearing: Adopta ResolutionVacatinga Portionof EdendaleCourtbehind1222and 1226 South Birch Street, Abandonment 22- 01
Legalnoticepublishedin the OrangeCountyReporteronJanuary6, 2023andJanuary13, 2023.

Department( s): Public Works Agency
Recommended Action: Resolution No. 2023- 005 — Hold a public hearing and adopt a resolutionvacatinga portionof EdendaleCourtbehind1222and 1226SouthBirchStreet.

RESOLUTION NO. 2023- 005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH STREET ( ABANDONMENT NO. 22- 01)
MINUTES: Mayor Amezcua opened the Public Hearing at 9:52 P.M., and hearing no comments, closed the Public Hearing at 9:52 P.M.

Moved by Councilmember Bacerra, seconded by Councilmember Penalozato Approve Public Hearing Item No. 32.

YES: 6 - Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua NO: 0
CITY COUNCIL 18 January 17, 2023
ABSTAIN: 0
ABSENT: 1 — Mayor Pro Tern Lopez
Status: 6- 0- 0— 1 — Pass

33. Zoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter 41 Zoning) of the Santa Ana Municipal Code ( SAMC) Related to Family Daycare, Regional Planned Sign Program Regulations, Massage Establishments, Medical Offices Operated in the Professional Zone, Retail Uses in Industrial Zones, Trash Bin Enclosures, Urban Lot Split and Two - Unit Developments Standards, Various Use Definitions, Regulation of Noxious Uses, Regulation of Electric Fences, Synthetic Turf, and Clarifications to Permitting Standards for Light Processing Facilities
Legal notice published in the Orange County Reporter on January 6, 2023 Department( s): Planning and Building Agency
Recommended Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code ( SAMC).

ORDINANCE NO. NS- 3038 ZONING ORDINANCE AMENDMENT NO. 2022- 03 — AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 ( ZONING) OF THE SANTA ANA MUNICIPAL CODE

RELATING TO FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM

REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY- PERMMITTED

USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL

ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO - UNIT

DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS

USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS

FOR LIGHT PROCESSING FACILITIES
MINUTES: Mayor Amezcua opened the Public Hearing at 9:54 P.M. Acting City Clerk Norma Orozco reported that one email comment had been received pertaining to Public Hearing Item No. 33. Mayor Amezcua closed the Public Hearing at 9:54 P.M.

Councilmember Bacerra questioned the use of synthetic turf under the definition of landscape" to which Planning and Building Executive Director Minh Thai provided clarifying information that it would be part of the overall property with live plants. He requested to remove as modified from time to time" in Section I I so that significant State amendments are considered by the Council, in Section 35 for Regional institution strike out the words starting with " or any other facility determined..." through the end of that definition, and regarding chair massage wanted to determine such services could not be performed in a closed room. He requested future consideration of standards for massage establishments, including separation buffers.

CITY COUNCIL 19 January 17, 2023
Councilmember Phan confirmed that the regulation of electric fences pertained to private property only.

Director Thai reviewed email comments received from Dale Helvig and recommended Council include staffs recommendations to address Mr. Helvig' s comments in their action.

Moved by Councilmember Bacerra, seconded by Councilmember Phan to approve Public Hearing Item No. 33for the first reading of the ordinance, as amended, to remove language from Sections 11 and 35 and staff' s clarifications based on Mr. Helvig' s email.

YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tem Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7- 0- 0- 0— Pass
Mayor Amezcua recessed the City Council meeting at 10:05 P.M. to address the SpecialMeetingof the SuccessorAgency andreconvened the CityCouncilat 10:07 P. M.

COUNCILMEMBER REQUESTED ITEMS

34. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing a Senior Citizen Commission — Mayor Amezcua MINUTES: Mayor AmeZCua noted she heard from the seniors regularly and would like to empower them to make recommendations, similar to the Youth Commission.

Councilmembers Penaloza, Bacerra, Vazquez, and Hernandez and Mayor Pro Tem Lopez expressed their support of the item.

Councilmember Phan expressed a desire to see a clear delineation of what the Council is exactly looking for the seniors to address.

Mayor Amezcua suggested the Youth Commission also be reevaluated in terms of resources and responsibilities.

CITY COUNCIL 20 January 17, 2023

35. Discuss and Consider Directing the City Manager to Direct Staff to Amend the Quantity of Signs to be Installed at a Section of Street Granted a Ceremonial Street Name in Article XI of the SAMC - Councilmember Bacerra
MINUTES: Councilmember Bacerra provided history of this program and spoke in support of amending the ordinance to allow for a maximum of two contiguous blocks on a single street with two signs installed on existing poles at either end of the designated street segment, which would not impact any existing ceremonial street names.

Mayor Amezcua, and Councilmembers Phan, Vazquez, and Penaloza spoke in support of the item.

Councilmember Hernandez believed the current policy provides staff with discretion and would allow for further discussion on the dais, if needed, and did not support the current item.

CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that the Public Works Water Resources Department launched its 8thannual youth water poster contest on January 16, 2023.

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.

1. January 17-20, 2023 Mayor Amezcua — The United States Conference of Mayors in Washington, D. C.

MINUTES:

Councilmember Bacerra wished everyone a Happy New Year and announced his community office hours on February 4.

Councilmember Hernandez offered condolences to the families of Keenan Anderson and Alejandro Montes, thanked the Orange County Heritage Council for celebrating the legacy of Martin Luther King, Jr., and closed his comments in honor of, thank OC Heritage Council for celebrate legacy of MLK Jr., close in honor of public defender Elliot Blair, who was found dead in Mexico.

Councilmember Penaloza wished everyone a Happy New Year, a Happy Lunar New Year, and Happy Birthday to Library Director Brian Sternberg, Senior Management Analyst Daniel Soto, and Councilmember Vazquez. He requested the meeting adjourn in remembrance of Riverside Deputy Sherriff Darnell Calhoun.

CITY COUNCIL 21 January 17, 2023
Councilmember Phan wished everyone a safe and Happy New Year and Happy Lunar New Year. She announced her upcoming participation in the Tet Parade and Tet Festival and congratulated Councilmember Penaloza on his recent engagement.

Councilmember Vazquez wished everyone a Happy New Year. He congratulated Valley High School students on their book drive and encouraged donations to their efforts.

Mayor Pro Tem Lopez wished a Happy Birthday to Daniel Soto, Councilmember Vazquez, and her grandma.

MayorAmezcua wishedeveryonea Happy Birthdayand Happy New Year, thanked the business owners for attending and asked staff to work with Assemblymember Valencia and Senator Umbergto addressconcerns. She requestedan updateon crossing guards, announcedshe would start communitywalksin February, reportedher attendance at the U.S. Conference of Mayors in Washington, DC, acknowledged efforts by the PoliceDepartment, and requested stafflook into deliveringsandbagsto seniors and the disabledduringstorms. She requestedto adjournthe meetingin memoryof the Riverside Deputies killed in line of duty, Darnell Calhoun and Isaiah Cordero.

ADJOURNMENT - Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council at 10:34 P.M. in memory of Darnell Calhoun and Isaish Cordero.

Respectfully Submitted,
City Clerk
CITY COUNCIL 22 January 17, 2023

Santa Ana City CouncilJanuary 17, 2023

Santa Ana City Council
January 17, 2023