Minutes of the Regular Meeting
of the City Council
City of Santa Ana, California
CALL TO ORDER
ATTENDANCE
February 07, 2023
CLOSED SESSION MEETING - 5: 00 PM
REGULAR OPEN MEETING - 5: 45 PM
immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701
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
CITY COUNCIL 1 February 07, 2023
ROLL CALL
MINUTES: Mayor Amezcua called the meeting to order of 5:07 P.M.
Acting City ClerkNormaOrozcoconductedRoll Call. CouncilmembersPenaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua attended the meeting in person. CouncilmemberHernandezattendedvia teleconference. Councilmember Bacerrajoined the meetingin person during Closed Session.
PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items.
MINUTES: Nopublic commentswerereceivedregarding ClosedSessionitems.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business.
MINUTES: MayorAmezcua 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 fromtheCityAttorney, thatdiscussionin opensessionof thefollowingmatterswill prejudice the position of the City in existing and anticipated litigation:
1. 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
2. CONFERENCE WITH 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. CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION pursuant to Paragraph ( 4) of subdivision ( d) of Section 54956. 9 of the Government Code: One ( 1) case Consideration of Amicus Brief, So Cal Recovery, LLC, Roger Lawson v. City of Costa Mesa, Case No. 20- 55820 ( United States Court of Appeals for the Ninth Circuit) and Raw Recovery, LLC v. City of Costa Mesa, Case No. 20- 55870 ( United States Court of Appeals for the Ninth Circuit)
CITY COUNCIL 2 February 07, 2023
CLOSED SESSION REPORT — The City Attorney will report on any action( s) to betaken at the Regular Open Session, which will begin immediately following the 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 at 7:28 P.M.
ROLL CALL
Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present in person.
PLEDGE OF ALLEGIANCE
WORDS OF INSPIRATION
CEREMONIAL PRESENTATIONS
Councilmember Bacerra
Pastor Anh Tuan Nguyen
1. Proclamation presented by Mayor Amezcua to the American Heart Association declaring February 2023 as American Heart Month.
2. Proclamation presented by Mayor Pro Tem Lopez to the Santa Ana Unified School District and the Santa Ana Youth Mental Health Sub -Committee declaring February 2023 as We Care Month.
3. Proclamation presented by Councilmember Hernandez and Mayor Amezcua to the Second Baptist Church of Santa Ana and the Orange County Heritage Council declaring February 2023 as Black History Month.
MINUTES: The ceremonial presentations were considered out of order. Item No. 3 was considered first, followed by Item Nos. 1 and 2.
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 from Closed Session.
CITY COUNCIL 3 February 07, 2023
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.
Commentsforpublichearingswilltakeplaceafterthe hearingis opened.
MINUTES: Due to the large number of public speakers, Mayor Amezcua modified the speaking time limit from three (3) minutes to two (2) minutes per speaker.
Anthony Barela spoke of his experience with Santa Ana Police Department officers.
Tim Johnson spoke of the need for more Measure X commissioner appointments and stated that there are currently not enough members to meet quorum.
Saanand Singh Sethee, SEVA Collective, spoke of his organization' s service to the community and thanked the Council for their partnership.
Michael Baron spoke of his negative experience with Republic Services as the City's new solid waste provider.
NeNie Turtleheart Legaspie spoke of the urgent need to appoint commissioners to the Personnel Board and urged members of the community to reach out and apply.
Will Klahe spoke regarding Item 32 and stated that all businesses should comply with city and state regulations.
DannyVegaspokein supportof Item32 andin solidaritywiththebusinessesaffectedby unlicensed street vendors.
Mike Carter spoke regarding Item 32 and of the monetary impact that out of town vendors have on the City.
Roberto Guzman ( translation: Spanish) spoke in support of Item 32 and the negative impact the large number of street vendors have on established brick and mortar businesses.
NancyTarin (translation: Spanish) spokein supportof Item32 andthenegativeimpact street vendors have had on her business.
CITY COUNCIL 4 February 07, 2023
Irma Jauregui spoke of a potential model for mom and pop shops to be assigned a designated zoned vending location.
Maria Sanchez spoke in support of item 32 and stated that all vendors should adhere to city regulations.
Charles Jakstis spoke of the difficulties his family has faced at the hands of their restaurant' s property landowner.
Daniel Perez spoke in support of Item 32, the many regulations that unlicensed street vendors break, and how it is unjust for licensed food truck vendors.
Araceli Gonzalez ( translation: Spanish) requested the Council enforce city regulations related to street vending and spoke of the financial hardship she and other businesses have endured as a result of the unlicensed street vendors.
Alex spoke of the various licenses that street vendors lack and the obstruction they create on street sidewalks.
Yareli ( translation: Spanish) spoke of how the City must lead by example and enforce street vending laws.
Guillermo Elizalde spoke of the rapid growth of street vendors and how they have affected his brick and mortar restaurant.
Jose Luis Sandoval ( translation: Spanish) stated that he is not opposed to street vendors but believes that they also have to follow local and state health regulationjust as restaurants do.
Jaime Flores ( translation: Spanish) urged the Council to enforce local and state regulations regarding street vendors.
Desi Reyes spoke in support of Item 32 and regarding the narcotics issue along North First Street.
Paul Simonds, of behalf of his clients Turner Capital and Save Our Selves ( S. O. S), requested Council pull item No. 6 and reopen the Public Hearing.
CITY COUNCIL 5 February 07, 2023
Kate Hirsh, Turner Capital and S. O.S., requested Council pull Item No. 6 and reopen the Public Hearing.
ChristyWard, S.O.S., requestedCouncilpull ItemNo. 6 andreopenthePublicHearing.
Rosario Galeas spoke of the negative impact the proposed zoning ordinance would have in the community and for the S.O.S. organization.
David Elliot requested Councilpull Item No. 6 and reopen the Public Hearing and spoke of thepotentialmonetarylossto thecityif theordinanceis approved.
Lisa Salsibury spoke of the unpermitted work being done by the landowner at 3700 W.
Warner Ave.
Vanessa Cerda stated that she would like the historic Cypress Fire Station to be converted into a community center not a Police Athletic and Activities League (PAAL) center.
Albert Castillo spoke in support of Item No. 5 and in opposition to the organization Downtown Inc.
Venancio Chavez ( translation: Spanish) spoke of various issues in the city including Main Street corridor, solid waste collection, and infrastructure.
Priorto hearingpubliccommentsviateleconference, MayorAmezcuaconsideredConsent Calendar Item Nos. 7-9 ( see Pages 9- 10).
ActingCityClerkNormaOrozcoreportedout theeCommentsreceived: One (1) commentin support of Item No. 22, Fourteen (14) regarding Item No. 32, and Two (2) non -agenda comments.
The following speakers addressed City Council via teleconference:
Roxana spoke in support of Item 32 and the unsafe conditions created by street vendors.
CITY COUNCIL 6 February 07, 2023
Dale Helvig spoke regarding the Legacy Square application process, the 55 Freeway project, and in support of Item 32.
Armando Nunez spoke in support of Item 32 and spoke of the business owners that are afraid of retaliation for speaking against street vendors.
John Ramirez spoke regarding Item 32 and requested enforcement be prioritized.
Victor Mendez spoke regarding jobs and job preservation and of the importance of using Santa Ana based companies, using Item Nos. 15 and 16 as examples.
Wilson Troung, State of California Governor's Office of Emergency Services, spoke regarding the earthquake early warning system app, MyShake, which is available to residents.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 30.
MINUTES: The following items were pulled for separate discussion and consideration:
Councilmember Hernandez pulled Item No. 22.
Councilmember Bacerra pulled Item Nos. 12, recorded a no vote on Item No. 20, and provided comments on Item Nos. 15 and 16.
Councilmember Phan recused herself from Item No. 13, as the listed party is a client of her employer, Rutan & Tucker.
Councilmember Vazquez pulled Item No. 6.
Mayor Pro Tem Lopez pulled Item Nos. 10 and 22.
Councilmember Penaloza pulled Item No. 20.
Mayor Amezcua pulled Item Nos. 17, 18, and 32.
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar Item Nos. 4 through 30 with the exception of Item Nos. 6, 10, 12, 17, 18, 20, 22, 30, and 32.
CITY COUNCIL 7 February 07, 2023
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: O
Status: 7- 0 — 0- 0— Pass
4. Excused Absences
Department( s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
5. Adopt Ordinance No. NS- 3037 — AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DISESTABLISHING THE DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT DISTRICT
Firstreadingatthe January17, 2023CityCouncilmeetingandapprovedby a voteof 7-0.
Published in the Orange County Reporteron January 27, 2023.
Department( s): Community DevelopmentAgency
Recommended Action: Place ordinance to Disestablish the Downtown Santa Ana Business Improvement District on second reading and adopt.
6. Adopt 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 - PERMITTED USES IN
THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES,
TRASH BIN ENCLOSURES, URBAN LOT SPLITAND TWO -UNIT DEVELOPMENT
STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS USES, ELECTRIC
FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING
FACILITIES
Firstreadingat theJanuary17, 2023 CityCouncilmeetingandapprovedby a voteof 7-0.
Published in the Orange County Reporteron January 27, 2023.
Pursuant to the California Environmental Quality Act (" CEQA") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060( c)( 2) and 15060( c)(3) of the State CEQA Guidelines because it will not resultin a director reasonablyforeseeableindirectphysicalchangeinthe environment, as thereis no possibilityitwill havea significanteffecton theenvironmentandit is nota CITY COUNCIL 8 February 07, 2023
project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022- 73 will be filed upon adoption of this ordinance.
Department( s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
MINUTES: Councilmember Vazquez requested the item be continued.
City Attorney Sonia Carvalho reminded the Council that any substantive changes made to the presented ordinance would require a new first reading and would not make any immediate changes to the Urgency Ordinance.
Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to approve the recommended action and adopt Ordinance No. NS- 3038.
YES: 6 - Councilmember Bacerra, - Councilmember Hernandez, - Councilmember Penaloza, - Councilmember Phan, - Mayor Pro Tern Lopez, - Mayor Amezcua NO: 1 - Councilmember Vazquez
ABSTAIN: 0
ABSENT: 0
Status: 6- 1 - 0 - 0 - Pass
MINUTES: Item Nos. 7-9 were considered out of order, earlier in the meeting during Public Comments.
7. Appoint Isabella Guerra Nominated by Mayor Amezcua as the Mayoral Representative to the Youth Commission for a Full -Term Expiring December 10, 2024 Department( s): Clerk of the Council Office
Recommended Action: Appoint Isabella Guerra to the Youth Commission as the City - Wide representative and administer Oath of Office.
8. Appoint Various Boards and Commissions Members Nominated by Councilmember Vazquez as the Ward 2 Representativesfor a Full Term Expiring December 8, 2026 Revised 21112023)
Department( s): Clerk of the Council Office
Recommended Action: Appoint.
1. Joese Hernandez - Arts and Culture Commission
2. Maria Zacarias Torres - Parks, Recreation and Community Services Commission
3. Ginelle Hardy- Historic Resources Commission
4. Gabriela Hernandez - Castillo - Personnel Board
5. Manuel Escamilla - Planning Commission
6. Ilyn Jaimes - Youth Commission
CITY COUNCIL 9 February 07, 2023
9. Appoint Jennifer Oliva Nominated by Councilmember Penaloza as the Ward 6 Representativeto the PlanningCommissionfor a Full -TermExpiringDecember8, 2026 Revised 21112023)
Department( s): Clerk of the Council Office
Recommended Action: Appoint Jennifer Oliva to the Planning Commission as the Ward 6 representative and administer Oath of Office.
Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to approve the recommended actions for Item Nos. 7-9 and appoint board and commission representatives.
YES: 5 — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, Councilmember Vazquez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: 2 — Councilmember Bacerra, — Mayor Pro Tem Lopez Status: 5- 0- 0- 2— Pass
MINUTES: Acting City Clerk Norma Orozcoadministeredthe Oathof Office to the members present at the meeting.
10. Receive and File Citywide Field Renovation Schedule Department( s): Public Works Agency
Recommended Action: Receive and File Citywide Field Renovation Schedule for 2023 to 2024.
MINUTES: Mayor Pro Tem Lopez requested staff utilize City communication channels to announce the renovation schedule to the public.
Councilmember Penaloza spoke in agreement with Mayor Pro Tem Lopez' s request and requested the closure duration also be disclosed.
No further action taken.
11. Receive and File Trash Enclosure Update
Department( s): Public Works Agency
Recommended Action: Receive and File Trash Enclosure Update informational report.
CITY COUNCIL 10 February 07, 2023
12. Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022.
Department( s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2022 to December 31, 2022.
MINUTES: Councilmember Bacerra inquired with staff whether any of the current housing projects had paid in lieu fees into the Inclusionary Housing Fund since 2022 to which staff responded that no fees had yet been received.
No further action taken.
13. Amend Blanket Order Contract with Home Depot for Construction, Maintenance, and Repair Materials and Supplies to Extend Term for an Additional Four-year Period Ending December 31, 2026 ( Specification No. 17- 121) ( General and Non - General Fund) Department( s): Finance and Management Services
Recommended Action: Amendment blanket order contract with Home Depot for construction, maintenance, and repair materials and supplies to extend the term for an additional four- year period ending December 31, 2026, with provision for five subsequent one- year renewal periods exercisable by the City Manager in an annual amount not to exceed $ 252, 000, subject to non -substantive changes approved by the City Manager and City Attorney.
MINUTES: Councilmember Phan recused herself from Item No. 13, as the listed party is a client of her employer, Rutan & Tucker. MOTION: Councilmember Penaloza moved to approve Item No. 13, seconded by Councilmember Bacerra.
YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0
ABSTAIN: 1 — Councilmember Phan
F-11* 140A." 11
Status: 6- 0— 1 — 0 — Pass
14. Approve a Purchase Order in the Amount of $ 282, 171 to Musco Sports Lighting, LLC. for LED Sports Lighting with Related Supplies and Services ( Project No. 23- 2604) Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase order to Musco Sports Lighting, LLC. for the purchase of LED sports lighting and installation services for the Santa Ana Stadium in the amount of $282, 171, with a contingency of $ 42,326 for a total of $ 324, 497, subject to non -substantive changes approved by the City Manager and the City Attorney.
CITY COUNCIL 11 February 07, 2023
15. Award Purchase Order to Penske Chevrolet of Cerritos in the Amount of $ 346, 134 for One 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and Five 2023 Chevrolet Colorado CrewCab LongBedTrucks (SpecificationNo. 22-134) (General Fund and Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for the purchase of one 2023 Chevrolet Colorado Crew Cab Short Bed Truck, and five 2023 Chevrolet Colorado Crew Cab Long Bed Trucks, in the amountof $336,134, plusa contingencyof $10,000, for a totalamountnotto exceed 346,134, subject to non -substantive changes approved by the City Manager and City Attorney.
MINUTES: Councilmember Bacerra thanked the Public Works Agency for proactively reaching out to companies located in Santa Ana.
Councilmember Hernandez echoed Councilmember Bacerra' s comments and stated he is gladthevendorselectedwillprovideAmerican -madeandunion -madevehicles.
16. Award a Purchase Order in the Amount of $ 399,274 to National Auto Fleet Group for Eight Chevrolet Colorado Trucks for the Public Works Maintenance Services, Building Maintenance, CIP Engineering, and NPDES Divisions (Specification No. 22-135) Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eight Chevrolet Colorado Trucks in the amountof $369,274, plusa contingencyof $30,000, for a totalamountnotto exceed 399,274, subject to non -substantive changes approved by the City Manager and City Attorney.
MINUTES: Councilmember Bacerra thanked the Public WorksAgency for proactively reaching out to companies located in SantaAna.
Councilmember Hernandez echoed Councilmember Bacerra' s comments and stated he is glad the vendor selected willprovide American -made and union -made vehicles.
17. Approve Appropriation Adjustment Recognizing $674,887 in Supplemental Law Enforcement ServicesAccount Funds and Spending Plan (Non -General Fund) Department( s): Police Department
Recommended Action: 1. Approve an appropriation adjustment recognizing $674,887 in CITY COUNCIL 12 February 07, 2023
Law Enforcement Grants revenue account and appropriate same to the Supplemental Law Enforcement Services Fund expenditure account. ( Requires five affirmative votes)
2. Approve use of the Supplemental Law Enforcement Services Account funds for frontline municipal police services as included within this staff report.
MINUTES: Mayor Amezcua inquired about the use of the appropriated funds.
Chief of Police David Valentin stated that the funds would be used to support core services, equipment, building safety, and overtime.
Moved by Mayor Amezcua, seconded by Councilmember Phan to approve the recommended action for Item No. 17.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
ABSTAIN: 0
ABSENT: O
Status: 7- 0 — 0- 0 — Pass
18. Approve Appropriation Adjustment to Recognize Remainder Disbursement of Homeless Housing, Assistance and Prevention Program Funds — Round 3 ( Non - General Fund) Department( s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $8,232,281.35 in funds from the State of California, Business, Consumer Services and Housing Agency in revenue account ( no. 12218002- 52025) and appropriate the same amount to expenditure account (no. 12218717-various) to address homelessness in the City of Santa Ana.
Requires five affirmative votes)
MINUTES: Mayor Amezcua requested staff update the City's website to include an expenditure report for the homeless services funds.
Moved by Mayor Amezcua, seconded by Councilmember Phan to approve the recommended action for Item No. 18.
YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua
NO: 0
CITY COUNCIL 13 February 07, 2023
ABSTAIN: 0
ABSENT: 0
Status: 7- 0- 0- 0— Pass
19. Approve Appropriation Adjustment to Recognize Permanent Local Housing Allocation Non - General Fund)
Department( s): Community Development Agency
Recommended Action: Approve an appropriation adjustment recognizing $4,795,654 in funds from the State of California, into the Permanent Local Housing Allocation ( PLHA) Program revenue account and appropriate the same amount into the PLHA Round 3 expenditure account to address homelessness in the City of Santa Ana. ( Requires five affirmative votes)
20. Approve Agreement with 3Di, Inc. for the Rent Stabilization and Just Cause Eviction Ordinance Rental Registry Portal ( Non -General Fund)
Department( s): Community DevelopmentAgency
Recommended Action: AuthorizetheCityManagerto executean agreementwith3Di, Inc. to implement, operate, and maintain a rental registry portal for the Rent Stabilization and Just Cause Eviction Ordinance, for a three-year term beginning on February 7, 2023 through January 31, 2026, in an amount not to exceed $305,895, subject to non -substantive changesapprovedbythe CityManagerand CityAttorney (Agreement No. 2023-A-2023- 011).
MINUTES: Councilmember Penaloza inquired about future reimbursements for the rental registry portal.
Mayor Pro Tem Lopez thanked staff for their assistance regarding Item No. 20 and stated that she believed residents would benefit from the item.
Councilmember Bacerra stated that while he appreciated that the Housing Opportunity Ordinance (HOO) has been identifiedas a fundingsource, he reiteratedthat no onehas paid into the HOOor the InclusionaryHousingFund.
Councilmember Phan inquired about the current amount of funds available in the lnclusionary Housing Fund.
HousingDivisionManagerJudsonBrownaddressedCounciland answeredquestions.
MayorAmezcuarequestedstaffprovide her with a backgroundof the item and the CITY COUNCIL 14 February 07, 2023
timeline approved by the previous Council.
Moved by Councilmember Phan, seconded by Councilmember Penaloza to approve the recommended action for Item No. 20.
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
21. Approve a First Amendment to the FY 21- 22 Agreement with Habitat for Humanity to Administer the Residential Rehabilitation Grant Program ( Non - General Fund) Department( s): Community Development Agency
Recommended Action: Approve a First Amendment to the FY 21- 22 Agreement with Habitat for Humanity of Orange County for the administration of the Residential Rehabilitation Grant Program to increase it by $ 11, 000 for a new total agreement amount of 556, 532, subject to non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 012).
22. Approve Agreements with Delhi Center and Seva Collective for Food Distribution Programs for a One - Year Term in an Aggregate Amount Not to Exceed $ 500, 000 ( Revive Santa Ana Program)
Department( s): City Manager Office
Recommended Action: Authorize the City Manager to execute agreements with Delhi Center and Seva Collective to operate food distribution programs for a one- year term beginning March 1, 2023 and expiring February 29, 2024, in a total shared aggregate amount not to exceed $ 500, 000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement Nos. 2023-019 and 2023-046).
MINUTES: Mayor Pro Tem Lopez inquired about the ranking given to United Across Borders.
Management Aide Lauren Matthews provided a breakdown of the rankings administered to the responsive organizations.
Councilmember Vazquez spoke in testament to the work performed by United Across Borders and the positive impact they have in the community.
CITY COUNCIL 15 February 07, 2023
Councilmember Hernandez spoke in support of United Across Borders and requested 83, 333. 33 be awarded to United Across Borders.
MOTION: Councilmember Hernandez moved to approve staffs recommendation and award $ 83, 333. 00 to United Across Borders, seconded by Mayor Pro Tem Lopez.
SUBSTITUTE MOTION: Councilmember Penaloza moved to approve staffs recommendation, seconded by Councilmember Bacerra.
MINUTES: Councilmember Phan spoke of her positive experience with United Across Borders and stated that, although she believes they are a great organization, she would deem their bid as unresponsive.
Councilmember Hernandez rescinded his motion.
Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve the recommended action for Item No. 22.
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
23. Approve a Master Renewal Agreement with System Innovators for Citywide Europay, MasterCard, and Visa (" EMV") Chip & PIN Credit Card Hardware Purchases and Payment Card Industry Data Security Standard (" PCI DSS") Cashiering Software System Upgrades to the City's existing "iNovah" Centralized Cashiering System, in an Amount not to Exceed 765,032 and Approve a Corresponding Support and Maintenance Agreement for the City's Upgraded Cashiering system, Including Ongoing Professional Software and Hardware services in an Amount not to Exceed $ 592, 946 ( General and Non - General Fund) Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a master renewal agreement with System Innovators, a division of N. Harris Computer Corporation, for a comprehensive upgrade of iNovah, the City's revenue management and cashiering software system, necessary for EMV Chip & PIN credit card transactions and PCI DSS compliance. The master renewal agreement would include related payment terminal hardwarepurchasesanda softwaresystemupgrade, plus contingentoptionsfor software integrations with PRCSA's Centaman Zoo Ticketing System, CivicRec Reservation System CITY COUNCIL 16 February 07, 2023
and, plus PBA's Clariti Land Management System, and CDA-Housing's Rental Registry Fee Program System, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $ 765, 032, which includes a contingency of $ 562, 262 for the life of the agreement subject to non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 013- 01).
2. Authorize the City Manager to execute a corresponding Support and Maintenance Agreement with System Innovators, a division of N. Harris Computer Corporation, for on -going software and hardware support and maintenance of the upgraded iNovah cashiering system, commencing February 7, 2023, and expiring December 31, 2025, with a provision for two (2) renewal options of three (3) years, and one (1) year; respectively, ending December 31, 2029 in an amount not to exceed $ 592, 946, which includes a contingency of $ 77,341 for the life of the agreement subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-013-02).
24. Approve Agreement for City Clerk Appointment
Department( s): Human Resources
Recommended Action: Authorize the Mayorto execute an employment agreement outlining the terms and conditions of the appointment of Jennifer Hall as the City Clerk for the City of Santa Ana ( Agreement No. 2023- 014).
25. Approve Amendment to Agreement with Axon Enterprise, Inc. in the amount of $ 376, 379 for Interview Room Camera System ( Non - General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an amendment to the master services agreement with Axon Enterprise, Inc. to provide interview room camera equipment and services to the Police Department, in an additional amount not to exceed 376,379 for a total aggregate amount not to exceed $5,564,017, for the period of June 1, 2023 through June 30, 2027, subject to non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 015).
26. Amend Agreements with GK & Associates; Interwest Consulting Group, Inc.; Penco, a Cannon Company; Project Partners, Inc.; and Transtech Engineers, Inc. to Increase the Shared Contract Amount by $2,500,000 for On -Call Engineering, Technical, and Administrative Support Services ( General and Non - General Fund) Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute amendments to the agreements with GK & Associates; Interwest Consulting Group, Inc.; Penco, a Cannon Company; Project Partners, Inc.; and Transtech Engineers, Inc. to increase the shared contract amount by $ 2, 500, 000, for a total shared aggregate amount not to exceed CITY COUNCIL 17 February 07, 2023
10, 000, 000, for Engineering, Technical, and Administrative Support Services for the remainingterm of the agreement, beginningMay 18, 2021, throughJuly 14, 2024subjectto non -substantive changes approved by the City Manager and City Attorney ( Core Agreement No. 2023- 016).
27. Approve Agreement with TrueLine Construction and Surfacing for Outdoor Sports Court Resurfacing Citywide in an Amount Not to Exceed $1,790, 290 for a Five - Year Term ( General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with TrueLine Construction and Surfacing, Inc., to provide outdoor sports court resurfacing citywide in the amount of $195,988, with an annual contingency of $162,070, for a total agreement amount not to exceed $ 358,058, for a three-year period beginning February 7, 2023 to February 6, 2026, with an option for two, one-year extensions, subjectto non -substantivechangesapprovedbythe CityManagerand CityAttorney (Agreement No. 2023- 017),
28. Approve Agreement with FieldTurf USA, Inc. for Artificial Turf Sports Field Maintenance Services in an Amount Not to Exceed $ 520, 800 for a Five -Year Term ( General Fund) Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with FieldTurfUSA, Inc. to provideartificialturf sportsfieldmaintenanceinthe amountof 86,800, witha contingencyof $17,360, fora totalagreementamountnotto exceed 520,800for a three-yearperiodbeginningFebruary7, 2023to February6, 2026, withan optionfortwo, one-yearextensions, subjectto non -substantivechangesapprovedbythe CityManagerandCityAttorney (Agreement No. 2023-018).
29. Adopt a Resolution Approvingthe Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Automated Metering Infrastructure Project ( Non -General Fund)
Department( s): Public Works Agency
Recommended Action: Resolution No. 2023- 006 — Adopt a Resolution approving the Construction Installment Sale Agreement ( D2202006) with the California State Water ResourcesControlBoardfor financingof theAutomatedMeteringInfrastructureProject, in an amount up to $10,117,365 (Agreement No. 2023-047).
30. Teleconferencingfor Meetingsof CityCouncilandAll Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department( s): Clerk of the Council Office
Recommended Action: Resolution No. 2023- 007 — Adopt a resolution to consider CITY COUNCIL 18 February 07, 2023
END OF BUSINESS CALENDAR`*
COUNCILMEMBER REQUESTED ITEMS
32. Discussand ConsiderDirectingthe CityManagerto DirectStaffto Drafta Resolution StatingtheCityofSantaAna'sOppositiontoUnsafeandUnpermittedSidewalkFood Vendingand the Prioritizationof Enforcementof ExistingRegulationsRelatedto Sidewalk Food Vending — Councilmember Bacerra
MINUTES: Councilmember Bacerra spoke of the health risk that unpermitted sidewalk food vendorspose to residents. He requestedcode enforcementand police staff enforce the current municipal code and state code regulations pertaining to stationary sidewalk vendors and that a resolution be drafted in opposition to SB 946.
Mayor Amezcua and Councilmembers Phan and Penaloza spoke in support of the item.
At 11:38 P.M., Mayor Amezcua recessed the City Council to address the Housing Authority agenda and reconvened at 11:40 P.M.
CITY MANAGER COMMENTS
MINUTES: None.
COUNCIL COMMENTS
A131234 DISCLOSURE — If the Citypaidfor travelor otherexpensesthis isthetimefor membersof the Councilto providea brieforal reporton attendanceof any regionalboardor commissionmeetingor anyconference, meetingor eventattended.
1. February 1-3, 2023 Mayor Amezcua -- League of California Cities New Mayors and Council Members Academy in Universal City, CA
MINUTES: Councilmember Hernandez thanked the public for their participation.
Councilmember Bacerra wished everyone a good night.
Councilmember Phan thanked everyone who visitedher booth at the UVSA Tet Festival.
Councilmember Penaloza thanked Councilmember Phan for her participation in the Tet Festival, wished his niece and Executive Assistant Yesenia Cruz a Happy Birthday, and announced that a new restaurant would be opening in Ward 6, Casa Ramos.
Councilmember Vazquez wished everyone a happy Black History Month.
CITY COUNCIL 20 February 07, 2023
ADJOURNMENT — Adjourn the City Council meeting.
MINUTES: Mayor Amezcua adjourned the meeting at 11: 50 P.M.
Respectfully Submitted,
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CITY COUNCIL 21 February 07, 2023