Minutes of the Regular Meeting of the City
Council
City of Santa Ana, California
February 21, 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
CALL TO ORDER
MINUTES: MayorAmezcua called the Closed Session Meeting to order at 5:13 P.M.
ATTENDANCE 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 21, 2023
ROLL CALL
MINUTES: Acting City ClerkNorma OrozcoconductedRoll Call.
CouncilmemberS Penaloza, Phan, Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua werepresentin person. CouncilmembersHernandezand Bacerrajoined the meeting during Closed Session.
PUBLIC COMMENTS -- Membersof the public may addressthe City Council on Closed Session items.
MINUTES: NopubliccommentswerereceivedregardingClosedSessionitems.
RECESS — CityCouncilwill recessto ClosedSessionforthe purposeof conductingregular City business.
MINUTES: MayorAmezcua recessed to consider the Closed Session items at 5:15 P.M.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matterswithoutmembersofthepublicpresent. TheCityCouncilfinds, basedonadvicefrom theCityAttorney, thatdiscussionin opensessionof thefollowingmatterswill prejudicethe positionof the Cityin existingandanticipatedlitigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957. 6( a):
AgencyNegotiators: HumanResourcesExecutiveDirector, JasonMotsickEmployee Organizations:
Santa Ana Police Officers Association ( POA)
Service Employees' International Union ( SEIU) Full -Time Employee Confidential Association of Santa Ana ( CASA)
Santa Ana Management Association ( SAMA)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Micah's Way v. CitVof Santa Ana, United States District Court, Case No. 8: 23- CV- 00183- DOC- KES
B. City of Santa Ana v. Rim Pacific Investors Portofino LLC, Orange County Superior Court, Case No. 30-2021- 01221615
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: City Attorney
CLOSED SESSION REPORT — TheCityAttorneywillreporton anyaction(s) to betakenat the Regular Open Session which will begin immediately following the Closed Session.
RECONVENE — CityCouncilwill reconveneto continueregularCitybusiness.
CITY COUNCIL 2 February 21, 2023
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: MayorAmezcua reconvened the City Council meeting to order at 6:35 P.M.
ATTENDANCE 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
City Clerk Jennifer Hall
ROLL CALL
MINUTES: Acting City Clerk Norma Orozco conducted Roll Call. All members of the City Council were present.
PLEDGE OF ALLEGIANCE Ernesto Medrano
WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Amezcua to Olive Crest for 50 Years of Outstanding Contributions to the Community.
2. Certificates of Recognition presented by Mayor Pro Tern Lopez and Councilmember Hernandez to Alexis " Lex" Rocha, John M. Raya and Coach Hector Lopez for Outstanding Contributions to the Community.
MINUTES: Ceremonial Presentation Item No. 2 was considered out -of -order and presented before Item No. 1.
CLOSED SESSION REPORT — The City Attorney will report on any action( s) from Closed Session.
MINUTES: City Attorney Sonia Carvalho announced that the City Council will return to Closed Session to discuss Item No. 1 following the conclusion of the Open Session.
CITY COUNCIL 3 February 21, 2023
MINUTES: Agenda Item Nos. 6, 7, and 9 were considered out of order, before the remainder of the agenda. ( See pages 7-8).
Uponapproval, Acting CityClerkNormaOrozcoadministeredthe Oathof Officeto Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez.
MINUTES: AT 7:03 P.M., AGENDA ITEM NO. 26 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR.
26. Discuss and Consider Directing the City Manager to Direct Staff to Enter into Negotiations with the Los Angeles and Orange Counties Building and Construction Trades Council to Work Off and Build On the City's Expired Community Workforce Agreement ( CWA) which Establishes Labor Relations Policies and Procedures for the City — Councilmember Penaloza
MINUTES: Mayor Amezcua opened Item No. 26 for public comments.
The following speakers addressed the City Council in -person:
1. John Hanna, Southwest Region of Carpenters, spoke of the importance of being able to afford to live in the city where you work.
2. Luis Aleman spoke on behalf of the Orange County Labor Federation and in favor of Item 26.
3. Ernesto Medrano, Los Angeles and Orange Counties Building and Construction Trades Council, spoke in support of item 26.
Therebeing no additional speakers. Mayor Amezcua closedpublic comments.
Councilmember Penaloza spoke of the importance of the agreement and requested staff present a new tentative agreement within 30 days.
Councilmember Hernandez spoke in support of the item.
Councilmember Bacerra spoke in support of the item and the 30- day turnaround proposed by Councilmember Penaloza.
Councilmember Phan spoke in support of the item and the 30- day turnaround proposed by Councilmember Penaloza.
Councilmember Vazquez spoke in support of the item.
Mayor Amezcua spoke in support of the item and the 30-day turnaround proposed by Councilmember Penaloza.
CITY COUNCIL 4 February 21, 2023
AT 7: 17 P. M., PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO REMAINDER OF THE AGENDA.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items.
MINUTES: The following speakers addressed the City Council in -person:
1. Coach Frank McManus, Mater Dei High School, expressed his gratitude towards the Council and the City.
2. Rosario Galeas provided comments regarding the amendment to Ordinance NS 2022- 03 and how they will affect federally funded health centers.
3. Carl Benninger expressed his gratitude to the City Manager' s Office staff and Council for their assistance in reestablishing com- link meetings.
4. Christy Ward, Share our Selves ChiefExecutive Officer, spoke regarding Ordinance NS 2022- 03.
5. Delilah Snell spoke in support of Item No. 19 and the need for the continued agreement.
6. Will Klatte, Share Our Selves, requested Council direct the Planning and Building staff to process the major remodelapplicationsubmittedby his organization.
7. Cecilia Iglesias spoke regarding Measure X, labor agreement negotiations, and the financial stability of the City.
8. A unidentified speaker spoke regarding the state of the City' s parks, streets, and police response times.
9. Eddie Quillares Jr. commented on the importance of approving item No. 19.
10. Ruben Salazar spoke in support of Item No. 19.
Acting City Clerk Norma Orozcoreportedout the summaryof email commentsreceived:
One ( 1) comment regarding Item No. 4, Eighteen ( 18) comments regarding Item No. 19, and Two ( 2) non - agenda comments.
The following speakers addressed the Council via teleconference:
11. Denise Reynoso spoke in support of Item No. 19.
12. Victor Mendez spoke regarding Item No. 10.
CITY COUNCIL 5 February 21, 2023
STAFF PRESENTATIONS
MINUTES: Staff presentationswere deferred until followingthe Consent Calendar. (See page 15)
T CALEND
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22 and waive reading of all resolutions and ordinances.
MINUTES: At 7:52 P.M. Councilmember Bacerra pulled Agenda Item No. 19, Mayor Pro TemLopezpulledAgendaItemNo. 22andMayorAmezcuapulledAgendaItemsNos. 15 and 20 for separate discussion and consideration.
CouncilmemberPhanreporteda recusalfrom Item No. 17as the listed entityis a client of her employer Rutan & Tucker.
MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 5 through 22 with the exception of Item Nos. 8, 15, 19, 20, and 22 which were pulled for separate discussion and consideration, and Item Nos. 6, 7, and 9 which were considered prior to the Consent Calendar, secondedby CouncilmemberHernandez.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
5. Excused Absences
Department( s): Clerk of the Council
Recommended Action: Excuse the absent members.
6. Appoint Amalia Mejia Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a Full -Term Expiring December 8, 2026
Department( s): Clerk of the Council Office
Recommended Action: Appoint Amalia Mejia to the Community Development Commission as the Ward 2 representative and administer Oath of Office.
CITY COUNCIL 6 February 21, 2023
MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez.
The motion carried, 7- 0, by the following roll call vote. - AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
Acting City Clerk Norma Orozco administered the Oath of Office to Isabella Guerra, Danny Vega, Amalia Mejia, and Darlene Perez.
7. Appoint Darlene Perez Nominated by Councilmember Phan as the Ward 1 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Partial - Term Expiring December 10, 2024
Department( s): Clerk of the Council Office
Recommended Action: Appoint Darlene Perez to the Santa Ana 2018 Measure X.
Citizen Oversight Committee as the Ward 1 representative and administer Oath of Office.
MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
Acting CityClerkNormaOrozcoadministeredthe Oathof Officeto IsabellaGuerra, Danny Vega, Amalia Mejia, and Darlene Perez.
CITY COUNCIL 7 February 21, 2023
8. Appoint Ronnie Harrell Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full -Term Expiring December 8, 2026
Department( s): Clerk of the Council Office
Recommended Action: Appoint Ronnie Harrell to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office.
MINUTES; Item No. 8 was withdrawn from the agenda and not considered.
9. Appoint DannyVega Nominated by Mayor Amezcua as the Mayoral Representative to the Police Oversight Commission for a Full -Term Expiring December' 10, 2024 Department( s): Clerk of the Council Office
Recommended Action: Appoint Danny Vega to the Police Oversight Commission as the Mayoral representative and administer Oath of Office.
MOTION: Mayor Amezcua moved to approve staff recommendations on Item Nos. 6, 7, and 9, seconded by Councilmember Vazquez.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
ActingCityClerkNormaOrozcoadministeredtheOathof OfficetoIsabellaGuerra, Danny Vega, Amalia Mejia, and Darlene Perez.
10. Receive and File Fiscal Year 2021- 22 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed - upon - Procedures Report Department( s): Finance and Management Services
Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2022:
a. The Auditor' s unmodified " clean" opinion letter for the fiscal year 2021-22 Audited Financial Statements included in the Annual Comprehensive Financial Report ( ACFR)
b. Government Auditing Standards (GAS) Letter
c. Governance Letter
d. AirQualityManagementDistrict (AQMD) AuditedFinancialStatements _ CITY COUNCIL 8 February 21, 2023
e. The Auditor' s report on the Appropriations Limit ( GANN Limit) f. The Auditor's reporton compliancewiththeStatementof InvestmentPolicy g. Measure X Agreed - Upon - Procedures Report
11. Award a Purchase Order in the Amount of $789,567to Best Contracting Services, Inc. for Fire Station 72 Hose Tower Roof Repair and Fire Station 74 Roof Removal and Installation ( Specification No. 22- 170) ( General Fund) Department( s): Public Works Agency
Recommended Action: Authorizea one-timepurchaseandpaymentof purchaseorder to Best Contracting Services Inc. in the amount of $ 789,567, plus a contingency of 157,914, for a total amount not to exceed $ 947, 481, for Roof Removal and Installation at Fire Station 72 Hose Tower and Fire Station 74, subject to non- substantive changes approved by the City Manager and City Attomey.
12. Award Purchase Order to National Auto Fleet Group for Six Chevrolet Bolt EVs and Two Chevrolet Traverse SUVs in the Amount of $ 275, 765 ( Specification No. 23- 008) General and Non - General Fund)
Department( s): Public Works Agency
Recommended Action:
1. Authorize a one-time purchase and payment to National Auto FleetGroup for six 2023 Chevrolet Bolt EVs, and two 2023 Chevrolet Traverse SUVs, in the amount of 255, 765, plus a contingency of $ 20, 000 for a total amount not to exceed $ 275, 765, subject to non -substantive changes approved by the City Manager and City Attorney.
2. Approvean appropriationadjustmentrecognizing $193,589inprior-yearfund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services -Air Quality Improvement expenditure account for this item. ( Requires five affirmative votes)
13. Award Purchase Orders to Acco Engineered Systems to Relocate and Replace Fan Coils at the Grand Central Art Center and the Santa Ana Regional Transportation Center ( Specification No. 23- 021) ( General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize a one-time purchase and payment to Acco Engineered Systems for the relocation and replacement of fan coils at the Grand Central Art Center, in the amount of $745,860, plus a contingency of $ 54, 140 and at the Santa Ana Regional Transportation Center, in the amount of $1,548,348, plus a contingency of 51, 652 for a total amount not to exceed $ 2,400, 000, subject to non - substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL 9 February 21, 2023
14. Approve Agreement with Robertson Industries, Inc. for Playground Rubber Resurfacing Citywide in an Amount Not to Exceed $451, 205 for a One - Year Term General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with RobertsonIndustries, Inc. to provideplaygroundrubberresurfacingcitywidefor a total base amount of $360,964, with a contingency of $90,241, for a total agreement amount not to exceed $ 451,205for a one-yearperiodbeginningFebruary21, 2023to February 20, 2024, subject non -substantivechanges approvedby the City Manager and City Attorney (Agreement No. 2023-020).
15. Approve an Agreement with Diversified Waterscape, Inc. for Lake Management Servicesat City Sitesfor a Five -YearTermfor an AnnualAmountNot to Exceed 177, 572, for a Total of $ 887, 860 ( General Fund)
Department( s): Public Works Agency
Recommended Action: Authorizethe City Manager to execute an agreementwith DiversifiedWaterscapes, Inc. to provide scheduled maintenanceduties in an annual amount of $127,572 with an annual contingency of $50,000 for a total agreement amount notto exceed $887,860for a three-yearperiodbeginningFebruary21, 2023 andending on February 20, 2026, with an option for two one- year extensions, subject to non -substantivechangesapprovedby the City Managerand CityAttorney (Agreement No. 2023- 024).
MINUTES: MayorAmezcuaspokeregardingcomplaintsshe hadreceivedregardingthe cleanliness of the Centennial Park Lake.
MOTION: Mayor Amezcua moved to approve the recommendation action for Itern No. 15, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
CITY COUNCIL 10 February 21, 2023
16. Approve an Agreement with Service 1st for Pool MaintenanceServices at Five City Poolsfor a Three -YearTermfor an Annual Amount notto Exceed $248,135, Including an Annual Contingency of $ 50, 000, for a Total Agreement Amount of $ 1, 240, 675 General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Service 1st to provide scheduled maintenance duties in an annual amount of $ 248, 135, including an annual contingency of $50,000, for a total agreement amount not to exceed 1,240,675for a three-yearperiodbeginningFebruary21, 2023and endingon February 20, 2026, with an option for two, one-year extensions, subject to non -substantivechanges approved by the City Manager and City Attorney ( Agreement No. 2023-021).
17. Approve CooperativeAgreementto Fund Total Maximum DailyLoad Programs and Related Activities in the Newport Bay Watershed
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute Cooperative Agreement No. MA-080-23010376 with the County of Orange and other Newport Bay Watershed dischargers to fund Total Maximum Daily Load programs and related activities in the NewportBayWatershedfor afive-yeartermbeginningJuly 1, 2023 andexpiringJune30, 2028, subject to non -substantivechanges by the City Manager and City Attorney Agreement No. 2023- 022).
MINUTES: Councilmember Phan reported a recusal on Item No. 17, as the listed entities are clients of her employer.
MOTION: Councilmember Penaloza moved to approve Item No. 17 as part of the Consent Calendar, seconded by Councilmember Hernandez.
The motion carried, 6-0-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: PHAN ( recusal)
ABSENT: NONE
Status: 6 — 0 - 1 — Pass
CITY COUNCIL 11 February 21, 2023
18. Blanket Order Agreement with C3 Technology Services for Purchase of Sharp Copiers and Managed Print Services in a Combined Annual Amount Not To Exceed 310, 000 ( General and Non - General Fund)
Department( s): Information Technology
Recommended Action: Authorizethe CityManagerto executean agreementwith C3 TechnologyServicesfor Sharpcopierequipmentand managedprintservicesfor a three-year period beginningMarch 1, 2023 through March 1, 2026 with two optional one-yearrenewalperiodsexercisablebytheCityManagerinanannualnotto exceed amount of $310,000, subject to non -substantive changes approved by the City Manager andCityAttorney (Agreement No. 2023-023).
19. Agreement with DTSA Services for Downtown Santa Ana Clean & Safe Program Department( s): Community Development Agency
Recommended Action: AuthorizetheCityManagerto executean agreementwith DTSA Services for the Downtown Santa Ana Clean & Safe Program, for a total agreement amount not to exceed $ 5,098, 307, which includes a 10-percent contingency, for a three-yeartermbeginningMarch1, 2023and expiringFebruary29, 202E with an option for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-025).
MINUTES: Councilmember Bacerra inquired about an alternative in the event that the agreement not be approved and the scope of work was performed by Republic Services.
MOTION: Councilmember Bacerra moved to approve the three- year agreement without the option for a two-year extension and have staff return within six months to provide alternatives for City staff to provide services rather than a third -party contractor, secondedby CouncilmemberPenaloza.
MINUTES: Councilmember Penaloza inquired about the amount of general funds needed once the American Rescue Plan Act monies have been expended.
Councilmember Hernandez spoke in support of the item.
MOTION: Councilmember Bacerra moved to amend to approve a three- year agreement without the option for a two- year extension, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
CITY COUNCIL 12 February 21, 2023
ABSENT: NONE
Status: 7 — 0 — Pass
20. Approve Memorandumof Understanding andAppropriation Adjustment Accepting the FY 2022 Edward Byrne Memorial Justice Assistance Grant ( Non - General Fund) Department( s): Police Department
Recommended Action:
1. Authorize the City Manager and Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriffs Department accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $ 102, 441, subject to non -substantive changes approved by the City Manager and City Attorney Agreement No. 2023- 026).
2. Approve an appropriation adjustment recognizing $102, 441 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. ( Requires five affirmative votes.) MINUTES: Mayor Amezcua inquired about the disbursement of the grant funds throughout the Santa Ana Police Department.
Councilmember Vazquez inquired about the number of youths who are assisted through the Police Athletic Activities League ( PAAL).
Councilmember Penaloza spoke in support of PAAL.
MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 20, seconded by Councilmember Phan.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
21. 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- 008 — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission CITY COUNCIL 13 February 21, 2023
meetingspursuanttothe provisionsof AssemblyBill361for the next30 days.
22. Proposed Resolution Adopting City Council Actual and Necessary Expense Policy Pursuant to City Charter Section 402 and Approving Reimbursement Request Department( s): City Manager Office
Recommended Action:
1. Resolution No. 2023- 009 — Adopt a Resolution approving the Proposed City Council Actual and Necessary Expense Policy.
2. Approve reimbursement request not to exceed $ 1, 500.
MINUTES: Mayor Pro Tem Lopez stated that although she pulled the item her questions were answered by staff and thus she had no additional questions or comments.
CouncilmemberHernandezasked City ManagerKristineRidge to providea scopeand coverage of the proposed reimbursement.
City Manager Ridge clarifiedthat funds have not been set aside for reimbursement, however Council has a supplies budget and the proposed amendment would enable the reimbursement of services that currently do not fall under the supplies restrictions.
Mayor Amezcua spoke of threats she experienced and having to pay for security out of herpocket. Shealsospokein supportof reimbursingany memberof the Council, in the event that they have a similar situation to hers.
Councilmember Penaloza requested staff clearly define the scope of services eligible for reimbursement in order to prevent misuse and expressed interest in having receipts presentedto Councilfor approvalprior to reimbursement.
CityAttorneySoniaCarvalhoclarifiedthe scopeof the item.
Councilmember Bacerra inquired about the number of votes needed if funds are being appropriated.
MOTION: Mayor Pro Tern Lopez moved to approve the recommended action for Item No. 22, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass
CITY COUNCIL 14 February 21, 2023
END OF CONSENT CALENDAR**
STAFF PRESENTATIONS
3. Homelessness Update
MINUTES: Community Development Director Mike Garcia provided a brief presentation on the following topics:
Quality of Life Team ( QOLT)
SMART
Homeless Services federal and state funding
Recent Events
Navigation Center
4. Diemer Treatment Plant Tour Opportunity
MINUTES: Water Resources Manager Cesar Barrera provided a brief presentation.
BUSINESS CALENDAR
MINUTES: At 9: 17 P. M., the Business Calendar was considered.
23. Fiscal Year 2022- 23 Mid - Year Budget Update, Revive Spending Plan Update, Appropriation Requests and Workforce Changes
Department( s): Finance and Management Services
Recommended Action:
1. Receive and file the FY 2022- 23 Mid -Year budget update, including an update for the Revive Santa Ana Spending Plan.
2. Approve the recommended Appropriation Adjustments. ( Requires five affirmative votes)
3. Resolution No. 2023- XXX — Adopt a Resolution entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO, 2015- 026 TO EFFECT CERTAIN CHANGES TO THE CITY' S BASIC CLASSIFICATION AND COMPENSATION PLAN.
4. Resolution No. 2023- XXX— Adopt a Resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022- 2023 ANNUAL BUDGET TO ADD AND DELETE FULL- TIME
POSITIONS IN THE LIBRARY DEPARTMENT, PARKS, RECREATION, AND
COMMUNITY SERVICES DEPARTMENT, PLANNING AND BUILDING
CITY COUNCIL 15 February 21, 2023
DEPARTMENT, AND PUBLIC WORKS DEPARTMENT.
MINUTES: Councilmember Phan recused herself from participating in discussions related to the 3rd and Broadway Project and Caribou Industries due to a conflict of interest as they are a client of her employer Rutan & Tucker.
MOTION: Mayor Amezcua moved to segment the discussion and consideration of V and Broadway Project, seconded by Councilmember Penaloza.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
NOES: COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
ABSTAIN: NONE
ABSENT: NONE
NONE
Status: 7 - 0 -- Pass
MINUTES: Councilmember Phan left the dais during the discussion and consideration of 3rdand Broadway.
Discussion and Consideration of the 3rdand Broadway Project:
Councilmember Penaloza requested staff provide a brief history of the project.
City Manager Kristine Ridge provided a brief history of the development.
MOTION: Councilmember Vazquez moved to continue the discussion to the next regularly scheduled meeting in order to allow new members of the Council to receive a more in-depth background of the project and the agreement, seconded by Councilmember Hernandez.
SUBSTITUTE MOTION: Moved by Councilmember Bacerra to approve the recommended action for 3rd and Broadway, seconded by Councilmember Penaloza.
The substitute motion failed, 3-3-1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
ABSTAIN: COUNCILMEMBER PHAN
ABSENT: NONE
Status: 3- 3- 1 - Fail
CITY COUNCIL 16 February 21, 2023
The original motion failed, 3-3-1, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, MAYOR AMEZCUA
ABSTAIN: COUNCILMEMBER PHAN
ABSENT: NONE
Status: 3 — 3 1 -- Fail
MINUTES: Councilmember Phan returned to the dais for the discussion and consideration of the remainder of Item 23.
ExecutiveDirector of Finance and ManagementServices Kathryn Downsprovided a brief presentation on the following staff recommendations:
Receive and file the updates
Approve appropriation adjustment
Adopt two resolutionsto update employeeclassificationsand staffing.
City Manager Kristine Ridge provided a brief presentation on the American Rescue Plan Act spending and Revive Santa Ana,
CouncilmemberHernandez inquired about the disbursement of funds donated by Republic Services and stated that he would like more community involvement regarding the disbursement decisions. He spoke in support of the Mayor' s Prayer Breakfast, the Orange County Pride Festival, and a fund increase for other City sponsored festivals.
CouncilmemberBacerra inquired about personnel changes for the Library Services and the Police Department. He spoke in opposition to the appropriation of 1.32 million dollars from the no -departmental fund for the Police Officers Association Memorandum of Understanding.
MOTION: Councilmember Hernandez moved to continue Item No. 23 to the next City Council meeting, seconded by Mayor Amezcua.
MINUTES: Councilmember Phan inquired how the structure of the Prayer Breakfast event ensures the City is in compliance with the United States and State of California constitutions.
City Attorney Sonia Carvalho advised against the use of the term "host" or "sponsor" in connection with ` prayer".
MayorAmezcua stated that the SantaAna Chamber of Commercewouldbe hosting the Prayer Breakfast, not the City.
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CouncilmemberPenalozainquiredabout theBlessingof the Cityevent thattook place in 2019 and how that event was able to circumvent any legal ramifications.
CouncilmemberPhan spoke in support of the Orange County Pride Parade, and inquired about the selection of non-profit organizationsthat would be receiving funds from Republic Services donations.
Mayor Pro Tern Lopez spoke in support of the Orange County Pride Parade and the PrayerBreakfast. She inquiredregardingthelanguagefor theproposed distributionof the donationfundsmadeby RepublicServicesand the use of the Parkand Safety funds to assist with the Santiago Park restoration. She recorded her opposition to approvingrecommendedaction numbertwo (2).
CouncilmemberPenalozastated he preferredRepublicServicesto provide fasterand consistentwastepick up servicesin lieu of their donation. He inquiredaboutthe personnelchangesin theLibraryDepartmentandspokein supportof theOrange County Pride Parade and the Prayer Breakfast. He spoke in opposition to recommended action number two ( 2).
CityManagerRidgestatedthat fiveaffirmativevotesarenotrequiredto approvean agreement and used the February 2019 meeting for reference.
CityAttorneySoniaCarvalhostatedthatCityCouncillegallyappropriatedfivemillion dollarsin the event thatstaff cameto an agreementwith variousbargainingunits. Staff subsequentlyproposeda contract documentfully aware that funds had been appropriatedand that her interpretationof tonight's staff report is that the Director of Financeis taking the appropriatedmoneyfrom one accountto another.
MayorAmezcuaspokeregardinginclusivityin the Cityand whather role in the Prayer Breakfast would be.
MOTION: Councilmember Hernandez moved to continue Item No. 23to the March 21, 2023 City Council meeting, secondedby MayorAmezcua.
The motion carried, 7-0, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Status: 7 — 0 — Pass, Item Continued to March 21, 2023
END OF BUSINESS CALENDAR*
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WORK STUDY SESSION
MINUTES: At 11: 02 P.M., the Work Study Session was considered.
24. Environmental Sanitation and Roadway Cleaning Fee Work Study Session Department( s): Public Works Agency
Recommended Action: Discuss and provide direction to staff.
MINUTES: Mayor Amezcua continued Item No. 24 to the March 7, 2023 City Council meeting.
COUNCILMEMBER REQUESTED ITEMS
25. Discussion and Announcement of Ad Hoc Committees for Crossing Guards and Sheltering Homeless Families— Mayor Amezcua
MINUTES: Mayor Amezcua appointed herself, Councilmember Bacerra, and Councilmember Hernandez as members of the Crossing Guard Ad Hoc Committee.
Councilmember Bacerra and Councilmember Hernandez both agreed with the appointments.
Mayor Amezcua appointed herself and Councilmember Penaloza to serve on the Sheltering Homeless Families Ad Hoc Committee and she opened the floor to nominations.
Councilmember Vazquez nominated himself and Mayor Amezcua spoke in agreement.
Mayor Amezcua directed the Sheltering Homeless Families Ad Hoc to provide an informational report within 90 days.
AGENDA ITEM NO. 26 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO THE CONSENT CALENDAR.
CITY MANAGER COMMENTS
MINUTES: None.
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: Mayor Pro Tem Lopez congratulated the Floral Park Neighborhood on their approved registration as a federal and state - recognized Historic District.
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Councilmember Vazquez announced an upcoming clean-up event at Pacific Park on Saturday, February 25, 2023.
Councilmember Bacerra announced that his community office hours would be held on March 5, 2023, at George Upton Park. He reminded the public that the Orange County Fire Authority would be hosting an open house on March 5, 2023, at One Fire Authority Road in Irvine. He thanked Mater Dei Football coach Frank McManus for introducing himself and attending the meeting. He provided a brief history of Ben Bomo Coral and wishedhim a happy 114u, birthday.
Lastly, he thanked the Code Enforcement Department for their assistance regarding the illegal street vendors and requested that aside from code enforcement and police assistance that anti anti -human traffickingresources be offered to those who are being forcedto work for street vendors.
Councilmember Phan reminded the public to apply to tour the Diemer TreatmentPlant, spoke of the importance of water conservation, and wished everyone a good night.
Mayor Amezcua announced that she would be hosting her first Coffee with the Mayor at El Salvador Park on March 25, 2023, in conjunction with the non-profit organization Project Food Box and the Santa Ana Police Department. She stated the meeting would be adjourned in honor of former Councilmember and Mayor Pro Tern John Acosta.
ADJOURNMENT -- Adjourn the City Council meeting.
MINUTES: Mayor Amezcua reconvened to Closed Session at 11:16 p.m. and adjourned the City Councilmeetingin memory of former Councilmemberand Mayor Pro TernJohn Acosta.
Respectfully submitted:
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