Minutes of the Special Closed Session
and Regular Meeting of the City Council
City of Santa Ana, California
April 04, 2023
SPECIAL CLOSED SESSION MEETING - 4: 30 PM
REGULAR OPEN MEETING - 5: 45 PM
Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701
SPECIAL CLOSED SESSION
CALL TO ORDER
MINUTES:
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: Mayor Amezcua called the Special Closed Session meeting to order at 4:40 P. M.
City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and CITY COUNCIL 1 April 04, 2023
Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandezjoined the meeting during Closed Session.
ADDITION SIDELETIONS TO CLOSED SESSION
MINUTES: None
PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items.
MINUTES: NopubliccommentswerereceivedregardingClosedSessionitems.
RECESS — City Councilwill recessto ClosedSessionfor the purposeof conducting regular City business.
MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P. M.
CLOSED SESSION ITEMS — The BrownAct permits legislativebodiesto discusscertain matterswithoutmembersof the publicpresent. The City Councilfinds, basedon advice from
theCityAttorney, thatdiscussioninopensessionof thefollowingmatterswillprejudicethe positionof the City in existingand anticipatedlitigation:
1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govemment 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
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph ( 1) of subdivision ( d) of Section 54956. 9 of the Government Code:
A. In re National Prescription Opiate Litigation, United States District Court Northern District of Ohio), Case No. 1: 17- and- 02804
RECONVENE — CityCouncilwill reconveneto continueregularCity business.
MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7: 98 P. M.
CITY COUNCIL 2 April 04, 2023
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session.
MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action from Closed Session.
ADJOURNMENT — Adjourn the Special Closed Session meeting.
MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7: 18 P. M,
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7: 18 P. M.
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer Hall
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tern Lopez, and Mayor Amezcua were present.
PLEDGE OF ALLEGIANCE
WORDS OF INSPIRATION
Mike Garcia, Community Development Director
Pastor S. Anthony Simon
CITY COUNCIL 3 April 04,
ADDITIONSIDELETIONS TO THE AGENDA
MINUTES: Mayor Amezcua announced that the Housing Authority Meeting and Public Hearing were canceled and would be heard at a later date.
City Clerk Jennifer L. Hall announced that Item No. 13 was removed from the Consent Calendar at the request of staff and would return for Council' s consideration on May 2, 2023.
CEREMONIAL PRESENTATIONS
1. Proclamationpresentedby MayorAmezcuato OneLegacydeclaring April as DMVIDonate Life Month.
2. Certificateof Recognitionpresentedby Mayor Pro Tem Lopezto Tethosfor 20 Years of Outstanding Contributions to the Community.
3. Proclamationpresentedby CouncilmemberHernandezand Councilmember Vazquez to Latino Health Access declaring April as National Child Abuse Prevention Month.
4. Certificatesof Recognitionpresentedby CouncilmemberBacerrato OrangeCounty FireAuthorityand SantaAna Police DepartmentDispatchersin Honorof National PublicSafetyTelecommunicatorsWeek.
STAFF PRESENTATIONS
5. Presentation from the Arts and Culture Commission
MINUTES: Community Development Director Mike Garcia introduced Robin McNair, Arts and Culture Commission Chairperson, who provided a brief presentation on the history and work of the Arts and Culture Commission.
Councilmember Hernandez thanked the Arts and Culture Commission and his colleagues for their help in establishing the GraffitiArts and Mural Restoration Projects.
Councilmember Bacerra thanked the Arts and Culture Commissioners for their hard work and dedication.
Councilmember Penaloza thanked Ms. McNair for her presentation, inquired about the required surveys, and offered his assistance.
Mayor Pro Tem Lopez extended an invitation to the Commission to present recommendations in preparation for the new budget cycle.
Councilmember Vazquez thanked the Arts and Culture Commissioners for their hard work and seconded Mayor Pro Tem Lopez' s invitation.
CITY COUNCIL 4 April 04, 2023
Councilmember Phan inquired about the Little Saigon and Historic Chinatown placards.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL commentson agenda and non -agenda items, with the exceptionof public hearings. Commentsfor public hearingswill take placeafterthe hearingis opened.
MINUTES: At 8. 12 P. M., Public Comments were heard.
The following speaker addressed Council via teleconference:
1. Victor Mendez spoke regarding the homelessness and drug issues plaguing his neighborhood and made a comment on the proposed appointment of Fernando Delgado to the Police Oversight Commission.
City Clerk Jennifer L. Hall reported the summary of email comments received: one ( 1) comment in support of Agenda Item No. 28 and three ( 3) non - agenda comments.
The following speakers addressed Council in -person:
2. Stephen Hart spoke regarding the Riverview Golf Course and the positive impact he believes it has on the community.
3. Richard Garcia provided comments on the Riverview Golf Course.
4. Peyton Garcia spoke regarding the Riverview Golf Course and how attending the course has positively impacted his life.
5. Stan Fear spoke regarding the community surrounding the Riverview Golf Course.
6. Sue Pallack spoke regarding the Police Athletic Activities League ( PAAL).
7. Charlie Andres spoke in opposition to the conversion of the Riverview Golf Course into a city park.
8. Gabriel Montoya spoke regarding the worker shortage in the healthcare industry, how it will affect the residents of Santa Ana, and the need for a higher minimum wage.
9. Ruby Vallejo spoke of her experience working in the healthcare industry and expressed the need for higher pay in the industry.
10. Alicia Bernal ( translation: Spanish) spoke in support of increasing the healthcare worker minimum wage to $ 25.
CITY COUNCIL 5 April 04, 2023
11. Nellie LeGaspe spoke in support of appointing Fernando Delgado to the Police Oversight Commission.
12. Carl Benninger provided various comments and spoke in opposition to appointing Fernando Delgado to the Police Oversight Commission.
13. Sam Lazalde spoke in support of the appointment of Fernando Delgado to the Police Oversight Commission.
14. Alex Montepeque ( translation: Spanish) spoke of the need for a higher minimum wage for healthcare workers.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26.
MINUTES: At 8: 50 P. M., the Consent Calendar was considered.
Councilmember Phan recused herself from Agenda Item No. 18, as the listed party is a client of her employer Rutan & Tucker.
Councilmember Hernandez pulled Item Nos. 12, 14, and 21 for separate discussion and consideration.
MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 5 through 26 with the exception of Agenda Item Nos. 12, 13, 14, and 21, 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
6. Excused Absences
Department( s): City Clerk's Office
Recommended Action: Excuse the absent members.
CITY COUNCIL 6 April 04, 2023
7. Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full -Term Expiring December 8, 2026 Department( s): City Clerk' s Office
Recommended Action: Appoint Nicholas Ortiz to the Youth Commission as the Ward 4 representative and administer Oath of Office. ( Pursuant to SAMC Sec. 2- 326 ( a) requires five affirmative votes)
MINUTES: City Clerk Jennifer L. Nall administered the Oath of Office to Nicholas Ortiz.
8. Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $ 195,710 for LED Sports Lighting with Related Supplies and Services ( 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, control and monitoring system, and installation services for the George Upton All Access Playground and basketball courts at Thornton Park in the amount of $ 177,918, with a contingency of $17,792, for a total amount not to exceed $ 195,710, subject to non -substantive changes approved by the City Manager and the City Attorney,
9. Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed 274, 877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center General Fund)
Department( s): Police Department
Recommended Action: 1. Award a one-time purchase and payment to Acco Engineered Systems for a new heating, ventilation, and air conditioning ( HVAC) system at the Santa Ana Police Athletic and Activity League Center, in the amount of 249, 888, plus a 10- percent contingency of $ 24, 989, for a total amount not to exceed 274,877, subject to non -substantive changes approved by the City Manager and City Attorney.
2. Approve an amendment to the Fiscal Year 2022- 2023 Capital Improvement Program to include the Santa Ana Police Athletic and Activity League Center HVAC System Replacement project.
10. Award Contract to Motorola Solutions, Inc. in the Amount of $ 471, 570 for Motorola 800 MHz Communications System Equipment ( Specification No. 23- 048) ( General and Non - General Fund)
Department( s): Police Department
Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for CITY COUNCIL 7 April 04, 2023
Motorola 800 MHz communications system equipment for a 14-month period expiring June 30, 2024 in an amount not to exceed $ 471, 570, subject to non- substantive changesapprovedby the City Managerand CityAttomey.
11. Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the SalgadoCommunityCenterImprovementsProjectFY 2022-23 Projectwith an Estimated Project Delivery Cost of $1,550,625 (Project No. 22- 1377) ( General Fund) Revive Santa Ana Program)
Department( s): Public Works Agency
Recommended Action: 1. Award a construction contract to AME Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of 1,240,500, for construction of the Salgado Community Center Improvements FY 2022-23, for the term beginningSeptember1, 2023 and ending December31, 2023, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney.
2. Approve an amendment to the Fiscal Year 2022- 23 Capital Improvement Program to include $ 1,387,759 in Revive funding for the Salgado Community Center Renovations Project. ( Project No. 22- 1377)
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of 1, 550, 625, which includes $ 1, 240, 500 for the construction contract, $ 186, 075 for contract administration, inspection and testing, and a $ 124, 050 project contingency for unanticipated or unforeseen work.
4. Determine these actions are exempt from further review in accordance with the CaliforniaEnvironmentalQualityAct as CategoricalExemptionEnvironmentalReview No. ER- 2022- 34 was filed for the project.
12. Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $ 2,870, 000 for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park Project with an Estimated Project Delivery Cost of $3,307,000 ( Project Nos. 22- 1348, 22- 1349, 22- 1350, & 22- 1412) ( Non - General Fund) ( Revive Santa Ana Program) Department( s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a construction contractwith MMC, Inc. to provideDesign -Buildservicesfor demolitionof existing restroom buildings, installation of new, pre -fabricated buildings, and associated site and utilitywork in the amountof $2,870,000, with a contingencyof $287,000, for a three-year periodfrom April 5, 2023 to April4, 2026, with an option for two, one-year extensions, subjectto non -substantivechangesapprovedby the City Managerand City Attorney.
2. Approve an amendment to the Fiscal Year 2022- 23 Capital Improvement Program for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms Project to be funded from American Rescue Plan Act ( ARPA) funds.
CITY COUNCIL 8 April 04, 2023
3. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023- 28 was filed for this project.
MINUTES: Councilmember Hernandez spoke in support of the item and announced that the new restroom would be built at Angels Park located in Ward 5.
Councilmember Penaloza requested the restroom be located closer to the street Mayor Pro Tem Lopez thanked staff for all of their hard work and stated that she hoped the restrooms are built in a timely manner so staff may begin work on the next set of park restrooms.
Councilmember Phan spoke in support of the item and noted that the current park improvements are the most the most extensive upgrades in years.
MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tem Lopez.
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
13. Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Easement Deed grantingSouthernCaliforniaEdisonthe rightto own, place, and maintainpower conduits and conductors underground to serve APN 016- 035- 14.
MINUTES: Item No. 13 removed from the Consent Calendar by staff,- no action taken.
14. Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of 750,000 for the Full Property Acquisition for the Real Property Located at 843 N.
Garnsey Street (APN 005- 142-02) for the 10th and Flower Park Project ( Revive Santa Ana Program)
Department( s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a purchase CITY COUNCIL 9 April 04, 2023
agreementwith propertyowner Gamsey Corp, for the full propertyacquisitionfor the realpropertylocatedat843N. GarnseyStreet, alsoidentifiedasAPN005-142-02, Property) intheamountof $750,000, subjecttonon -substantivechangesapprovedby the City Managerand City Attorney (Agreement No. 2023-058).
MINUTES: Councilmember Hernandez announced that the approval of the property acquisition would result in a new park in the Willard community and expressed support for the item.
MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tern Lopez.
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
15. Approve an Agreement with Merritt Studio in a total agreement amount not to exceed 145,000 to provideGraphic DesignServicesfor the Cultura Publicationand Additional Design Services as Needed ( General Fund)
Department( s): Parks, Recreation, and Community Services Recommended Action: Authorizethe City Managerto executean agreementwith MerrittStudio, LLC to providegraphicdesign servicesfor the Cultura publicationand additionaldesign servicesas needed, for a three-year term beginningon April 4, 2023 through April 3, 2026 with options for two one- year extensions, and a total agreement amount not to exceed $ 145, 000, subject to non - substantive changes approvedbythe CityManagerandCityAttorney (AgreementNo. 2023-049).
16. Amend Agreement with Landscape West Management Services, Inc. to Increase the ContractAmount by $2,300,000for Right -of -Way and MedianLandscape Maintenance Services ( Project No. 22- 1309) ( General Fund and Non -General Fund) ( Revive Santa Ana Program)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the seventh amendment to the agreement for the second renewal option with Landscape West ManagementServices, Inc. for Right -of -Way and MedianLandscapeMaintenance Servicesto increasethe contractamount by $2,300,000for a total agreementamount COUNCIL 10 April 04, 2023
not to exceed $ 8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- 050).
17. Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for ConstructionEngineeringServicesfor the SR-55/RitcheyStreet Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term ( Project Nos. 19- 6438, 19- 6439, 19- 6440) ( Non - General Fund) Department( s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR- 551Ritchey Street Water Improvements Projects to increase the compensation amount by $900,000, which includes a $780, 000 increase to the base amount and a 120, 000 contingency, for a total amount not to exceed $ 1, 900, 000 for the remainder of theterm of the agreement, subjectto non -substantivechangesapprovedby the City Manager and City Attorney ( Agreement No. 2023- 051).
2. Approve an appropriation adjustment to recognize an additional $ 900, 000 in the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement- OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account.
Requires five affirmative votes)
18. Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $ 50, 000 for the remainder of the Agreement Term ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system modeling and engineering services to increase the amount by $50,000, for a total not - to -exceed amount of $ 200, 000 for the remainder of the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney Agreement No. 2023- 052).
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
CITY COUNCIL 1 April 04, 2023
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,
MAYOR AMEZCUA
NOES: NONE
ABSTAIN: COUNCILMEMBER PHAN ( recusal)
ABSENT: NONE
Status: 6 — 0 - 1 — Pass
19. ApproveAgreementswith TetraTech, Inc., StantecConsultingServices, Inc., and EEC Environmentalfor On -Call EngineeringDesignServicesfor PFAS TreatmentSystems in an Aggregate Amount Not to Exceed $ 3,000,000 for up to a Five -Year Term ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorizethe City Managerto execute agreementswith Tetra Tech, Inc., StantecConsultingServices, Inc., and EECEnvironmentalto provide on -call engineeringdesign servicesfor PFAStreatmentsystems, for a shared aggregate amount not to exceed $ 3,000,000, for a three-year term beginningApril 4, 2023 and expiringApril3, 2026, withprovisionsfortwo, one-yearextensions, subjectto non -substantivechangesapprovedby the City Managerand CityAttorney (Core Agreement No. 2023- 053).
20. Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional Transportation Center for a Four-year Term for a Total Amount of $ 300, 082
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a site lease agreement with Senate Rules Committee, California Legislature to compensate the City $6,400permonth, withanypartialmonthproratedat $206perday, forthe leaseof 3,200 square feet of office space located at the Santa Ana Regional Transportation Centerfor a four-yearterm beginningon April4, 2023 and ending February28, 2027, for a total of $ 300, 082 in lease revenue for the entire term of the agreement, subject to non -substantivechangesapprovedby the CityManagerand CityAttorney (Agreement No. 2023- 054),
21, Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services ( Non -General Fund) Department( s): Police Department
Recommended Action: Authorize the City Manager to execute a three-year professionalservicesagreementwith SenseMakersLLC for an on -site projectand fiscalgrantmanagementcoordinatorservices, forthe periodbeginningJune1, 2023 throughMay31, 2026, with a fourth- andfifth -yearoptionin an amountnotto exceed CITY COUNCIL 12 April 04, 2023
896,370, subject to non -substantive changes approved by the City Manager and City Attorney ( Agreement No. 2023- 059).
MINUTES: CouncilmemberHernandezrequestedPolice Chief David Valentinprovide a brief overview of the item and what the UASI grant entails. He also expressed concern about having the City of Santa Ana partner with the Anaheim Police Department.
Police Chief David Valentin provided a brief history of the UASI Grant and the services the grant provides.
Chief Assistant City Attorney Laura Rossini reminded the Council that Item No. 21 is solely for the proposed agreement with SenseMakers LLC.
MOTION: Councilmember Penaloza moved to approve the staff recommendation on Item No 21, seconded by Councilmember Bacerra.
The motion carried, 6- 1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NOES: COUNCILMEMBER HERNANDEZ
ABSTAIN: NONE
ABSENT: NONE
Status: 6 — 1 — Pass
22. Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a Three - Year Term and Two One - Year Renewal Periods
Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with PetData, Inc. for animal licensingservicesfor a three-year period, from April 4, 2023 through April 3, 2026, with two one-year extension periods, subject to non -substantive changesapprovedby the City Managerand CityAttorney; there is a one-time start-up fee of $1,000 and an ongoingfee of $4.30 for each one-year licenseprocessed Agreement No. 2023- 055).
23. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Septic to Sewer Island Project ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023- 015
CITY COUNCIL 13 April 04, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION
WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND AUTHORIZING CERTAIN OTHER RELATED ACTIONS ( in an amount up to 1, 529, 220)
24. AdoptResolutionAcceptingGrantFundsfromthe StateCoastalConservancyfor Santiago Park Trail and Habitat Restoration Plan ( Non -General Fund) Department( s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023- 016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL
CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT
RESTORATION PLAN ( in the amount of $ 400, 000)
25. Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real Propertyat 206 and 208 South FlowerStreet
Department( s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023- 017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW WATER WELL SITE ( 206 AND 208 SOUTH FLOWER STREET)
26. Fiscal Year 2022- 23 Mid -Year Appropriation Requests Department( s): Finance and Management Services
Recommended Action: Approve the recommended Appropriation Adjustments.
Requires five affirmative votes)
END OF CONSENT CALENDAR**
BUSINESS CALENDAR
MINUTES: At 9:07 P.M., the Business Calendar was considered.
27. Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood ProtectionAgency (SARFPA), theSouthernCaliforniaAssociationof Governments SCAG), andthe OrangeCountyCouncilof Governments (OCCOG) Department( s): City Clerk' s Office
CITY COUNCIL 14 April 04, 2023
Recommended Action:
1. Nominate and appoint a representative and alternate to the Santa Ana River Flood Protection Agency ( SARFPA).
2. Nominate and appoint a representative to the Southern California Association of Governments ( SLAG) and the Orange County Council of Governments ( OCCOG) and nominate and appoint an alternate to OCCOG.
3. Nominate and appoint an alternate for purposes of the SCAG Regional Conferenceand GeneralAssemblyBusinessMeetingonly.
4. Direct the City Clerk to update and post the Fair Political Practices Commission FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website.
MOTION:
1. Councilmember Vazquez moved to nominate himself as the representative for ( SARFPA) and Director of Public Works Nabil Saba as the alternate, seconded by Councilmember Penaloza,
2. Councilmember Bacerra moved to nominate Mayor Amezcua as the representative and ( Mayor Pro Tem as the alternate to ( SCAG), seconded by Councilmember Phan.
3. Direct the City Clerk to update and post the Fair Political Practices Commission FPPC) Form 806 ( Agency Report of Public Official Appointments) on the City's website.
MOTION: Above -stated motions for appointments, including direction to staff.
The motions 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
28. Hear Fromand ConsiderAppointing FernandoDelgadoNominatedby Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024
Department( s): City Clerk Office
Recommended Action:
1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight Commission, Ward 5 Representative.
2. Consider appointing Fernando Delgado to the Police Oversight Commission as CITY COUNCIL 15 April 04, 2023
the Ward 5 representative, and if appointed, administer the Oath of Office. ( Requires five affirmative votes.)
MINUTES: Fernando Delgado thanked the Council for considering the item and allowinghim to speak. He spokeof his willingnessand desireto serveon the Police Oversight Commission and how he believes the commission would benefit from his experience and diversity.
Councilmember Vazquez inquired about the nominee' s qualifications.
Mayor Pro TernLopez spoke of her initial proposed requirements for members of the commission.
Councilmember Phan inquired with the nominee about his ability to remain impartial and his social media presence.
Mr. Delgado stated that his social media is not indicative of his true character and he is continuallylearningandattemptingto betterhimself.
Councilmember Bacerra spoke of his opposition to the item and asked the nominee about two social media posts, which Councilmember Bacerra previously shared with the public and staff, to which Mr. Delgado responded.
Councilmember Hernandez inquired with the nominee about his ability to remain impartial and his background in civil rights.
Mr. Delgado spoke of his experience during the 2020 civil unrest and the perspective he gained.
Councilmember Phan spoke regarding political differences, Santa Ana being the home to the first Vietnamese refugees of the Vietnam War, and her concern with the nominee' s biases.
Councilmember Hernandez spoke of his concern with bias and the First Amendment and moved to approve the nomination.
Councilmember Bacerra spoke of differences of opinion and the need to be analytical of all nominees.
Mayor Amezcua thanked the nominee for his attendance and inquired if he had everparticipatedin a policeride -along. Shealsoinquiredwith ChiefAssistantCity AttorneyLauraRossiniif thenominee's appointmentwouldresultin any liabilityto the City.
CITY COUNCIL 16 April 04, 2023
Chief Assistant City Attorney Rossini stated that the Police Oversight Commission would not make final determinations, but rather make recommendations.
MOTION: Councilmember Hernandez moved to appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative, seconded by Councilmember Vazquez.
The motion failed, 3- 4, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA
ABSTAIN: NONE
ABSENT: NONE
Status: 3 — 4 — Fail
END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
29, Discussand Directthe City Managerto DirectStaffto Implementa Temporary Promotion Freeze for Police Management Until at Least 90 Percent of the Current Vacant Police Officer Positions are Filled — Mayor Amezcua MINUTES: Mayor Amezcua provided a brief background and summary of the item.
CouncilmemberPenalozaclarified that the item is a discussionitem and spoke only in support of staff returning with data regarding vacancies and patrol -to -commander ratios, prior to supporting the item.
Councilmember Vazquez provided comments on the current vacancies.
Mayor Pro Tem Lopez provided comments and spoke in opposition to the item.
Councilmember Hernandez provided comments.
City Manager Kristine Ridgerecommendedrefraining from implementinga promotion freeze.
Councilmember Bacerra spoke of his hesitation to support the item but expressed his willingness to try different approaches to ensure vacancies are filled. 17 April 04, 2023
CouncilmemberPhanprovided comments and spoke in opposition to the item.
Police Chief David Valentinprovided commentsand responded to Councilinquiries.
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that the Parks and Recreation Department would be hosting the "Egg-Cellent Adventure" event on Saturday April 8, 2023 at Centennial Park.
COUNCILCOMMENTS
A131234 DISCLOSURE — Ifthe City paidfor travelor other expensesthis isthe time for membersof the Councilto providea brieforal reporton attendanceof any regionalboard or commissionmeetingor any conference, meetingor eventattended. 1 March 31 — April 1, 2023 Mayor Pro Tern Lopez — WELL 11thAnnual Statewide Conference in Van Nuys, CA
MINUTES:
Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked SenatorUmbergfor his workrelatedto SenateBill 44 and SenatorSandraNguyenfor her work related to Senate Bill 62. He wished everyone a happy National Public Safety Telecommunicators Week and a good night.
Councilmember Hernandez thanked everyone who provided comments during the meetingandthankedCouncilmemberBacerraforsheddinglightontheimportanceof Senate Bill 44 and the dangers or fentanyl.
CouncilmemberVazquezprovided commentson crimereductionand wishedeveryonea good night.
CouncilmemberPhanthankedeveryonewhoparticipatedin the meeting, spokeof her recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event gearedat educatingthepublicon therecentfoodstampandbenefitchanges. Shealso announcedsheis partneringwith severalnonprofitsto host two free legalclinicsin Ward 1at the NewhopeLibraryonApril 4, 2023, andApril 22, 2023.
Mayor Pro Tem Lopez reported herAB 1234 disclosure: March 31— April 1, 2023 WELL I Ith AnnualStatewideConferencein VanNuys, CA. She wishedSammya Happy2nd Birthday, spokeof her experiencetouringthe DiemerPlant, thankedhealthcareworkers for their work, and wished everyone a good night.
CITY COUNCIL 18 April 04, 2023
Councilmember Penaloza spoke regarding the OC Street Car construction, the "Mujeres Migrantes en Progeso" reunification event, the Santa Ana Police Department Awards ceremony, and wished everyone a Happy Easter.
Mayor Amezcua wished all those who observe the holiday a Happy Easter, spoke regarding the OC Street Car construction business disruption, and requested an update on the Joint School Collaboration Subcommittee. She announced that her next Coffee with the Mayor event would be on April 15, 2023 at El Salvador Park.
ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting.
MINUTES: Mayor Amezcua adjourned the meeting at 11:12 P.M.
Respectfully Submitted,
Jenn' all,
City Clerk
CITY COUNCIL 19 April 04, 2023