Minutes of the Special Meeting of the City
Council
City of Santa Ana, California
August 29, 2023
REGULAR OPEN MEETING - 5: 30 P. M.
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
CITY COUNCIL SPECIAL OPEN
SESSION
CALL TO ORDER
MINUTES: Mayor Pro Tem Lopez called the Special City Council Meeting to order at 5: 37 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 L. Hall
CITY COUNCIL 1 AUGUST 29, 2023
ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.
Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, and Mayor Pro Tern Lopez were present. Mayor Amezcua was absent.
PLEDGE OF ALLEGIANCE Councilmember Penaloza
WORDS OF INSPIRATION Pastor Dion Thomas, Sonrise Community Christian Church
ADDITIONSIDELETIONS TO THE AGENDA
MINUTES: CityClerkJenniferL. Hall announcedthat the CeremonialPresentation Certificateof Recognitionpresentedto the City's Housing DivisionTeamhas been removed and postponed to a later date.
CEREMONIAL PRESENTATIONS
1. Proclamation presented by Mayor Amezcua and Councilmember Penaloza to the Orange County Hunger Alliance declaring September 2023as Hunger Action Month.
2. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City' s Housing Division Teamfor Outstanding Contributions to the Community.
Removed from agenda)
3. Certificate of Recognition presented by Councilmember Vazquezto VietRISE for Outstanding Contributions to the Community.
MINUTES: Ceremonial Presentation Agenda Item No. 2 was not presented.
CouncilmemberPenaloza proclaimed September 2023 as Hunger Action Month and presentedtheproclamationto OrangeCountyHungerAlliance.
Councilmember Vazquez presented a certificate of recognition to VietRISE for outstanding contributions to the community.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda items.
MINUTES:
ThefollowingspeakersaddressedCouncilvia teleconference:
1. Tanya Skarzynski spoke regarding Agenda Item No. 21 and expressed concern regarding releasing tenant' s leasing information.
CITY COUNCIL 2 AUGUST 29, 2023
2. Gemma Suarez expressed support for Agenda Item No. 21.
3. Juliana Musheyev expressed support for Agenda Item No. 21.
4. Mextli Lopez expressed support for Agenda Item No. 21.
5. Sue Loftin spoke regarding Agenda Item No. 21.
6. Sarah Perez expressed support for Agenda Item No. 21.
The following speakers addressed Council in -person:
7. Clay Hague spoke in opposition to Agenda Item No. 21.
8. Tim Johnson spoke regarding Agenda Item No. 21.
9. Nathaniel Greensides spoke regarding Agenda Item No. 21.
10. Ana Charco expressed Latino Health Access' s support for Agenda Item No.
21. II. Daniel Marin expressed concern for Agenda Item Nos. 8, 9, and 10 and spoke regarding Agenda Item No. 21.
12. Silvia Avendano ( translation: Spanish) spoke in support of Agenda Item No. 21.
13. Tracy La spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
14. Celine Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
15. Lisa Nguyen spoke in support of Agenda Item Nos. 18 and 21, and in opposition to Agenda Item No. 14.
16. Chloe Vo spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
17. Eric Do expressed support for Agenda Item Nos. 18 and 21 and opposition to Agenda Item No. 14.
18. Celeste Vasquez spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
19. Tu Hoang spoke in support of Home Act and Rent Stabilization and in opposition of Lexipol.
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20. Indigo Vu spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
21. Tuat Mai spoke in support of Agenda Item No. 21.
22. Vincent Tran spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
23. Dao Tran spoke in support of Agenda Item No. 21.
24. Anabell Parra ( translation: Spanish) expressed her support for Item No. 21.
25. Carlos Perea spoke regarding Agenda Item Nos. 14, 18, and 21.
26. Theadora Mendez spoke in support in support of Agenda Item No. 21.
27. Araceli Robles spoke in support of Agenda Item No. 21.
28.Alexis Nava Theodoro spoke regarding Agenda Item Nos. 18 and 21.
29. Naja Christmas spoke regarding Agenda Item No. 18.
30. Martha Garcia spoke in support of Agenda Item No. 21.
31. Tin Nguyen spoke in support of Agenda Item Nos. 18 and 21 and in opposition to Agenda Item No. 14.
32. Michael Mai spoke regarding Agenda Item No. 18.
33. Fernando Delgado spoke in opposition to Agenda Item No. 14 and in support of Agenda Item No. 21.
CONSENTCALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 19 and waive reading of all resolutions and ordinances.
MINUTES: At 7:14 P.M., Councilmember Hernandez pulled Agenda Item No. 14 and Councilmember Penaloza pulled Agenda Item No. 11 for separate discussion and consideration.
Councilmembers Vazquez and Phan requested to comment on Agenda Item No. 18.
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Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker.
MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 4 through 19 with the exception of Agenda Item Nos. 11 and 14, seconded by Councilmember Penaloza.
The motion carried, 6-0- 0- 1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR AMEZCUA
Status: 6- 0- 0— 1 — Pass
4. Excused Absences
Department( s): City Clerk' s Office
Recommended Action: Excuse the absent members.
5. Receive and File Quarterly Report of Investments as of June 30, 2023 Department( s): Finance and Management Services
Recommended Action: Receive and file.
6. City' s Response to Grand Jury Report Regarding Human Sex Trafficking in Orange County
Department( s): Police Department, City Manager' s Office Recommended Action: Approve City of Santa Ana's responses to the Grand Jury's Findings and Recommendations of the 2022-2023 Orange County Grand Jury Report - Human Sex Trafficking in OC pursuant to Penal Code sections 933 and 933.05.
7. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $300,000 to an Existing Construction Contract with Onyx Paving Company, Inc. for a Revised Estimated Project Delivery Cost of 4, 140,200, for the Local Street Preventative Maintenance FY 22-23 Project Project No. 23- 6907) ( Non - General Fund)
Department( s): Public Works Agency
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Recommended Action:
1. Approve an appropriation adjustment recognizing prior year fund balance 300,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account for FY 2022- 2023 capital operating expenses. ( Requires five affirmative votes) Approve change order to construction contract and an amendment to the Project Cost Analysis to reflect the new amount of $ 743, 100 for project contingencyfor unanticipatedor unforeseenwork, for a total Construction DeliveryCost of $4,140,200, subjectto non -substantivechangesapprovedby the City Manager and CityAttorney.
3. Approve an amendment to the Fiscal Year 2023- 24 Capital Improvement Program for $300,000 for construction contingency funds, for the Local Street Preventative Maintenance FY 2022- 23 ( Project No. 23- 6907).
8. Award a Construction Contract to All American Asphalt in the Amount of 1,564, 835 for the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, with an Estimated Project Delivery Cost of $ 2,113,000 ( Project No. 22- 6987) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from McFadden Avenue to First Street Improvement Project for a total of 570,870 to the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project to complete the projectfunding requirement.
2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $ 1,564, 835, subject to change orders ( not to exceed 25% of the base bid amount) in accordance with the Greenbook:
Standard Specifications for Public Works Construction, for construction of the Grand Avenue Rehabilitation from Warner Avenue to Edinger Avenue Project, for a term beginningAugust29, 2023 andendingupon projectcompletion, andauthorizethe City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of 2,113, 000, which includes $ 1,564, 835 for the construction contract; $ 234, 900 for contractadministration, inspection, andtesting; anda $313,265projectcontingencyfor unanticipated or unforeseen work.
4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER- 2022- 6 was filed for the project.
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9. Award a Construction Contract to Hardy & Harper, Inc. in the Amount of 1,400, 000 for the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an Estimated Project Delivery Cost of $ 1,750,000 (Project No. 21- 6975) ( Non - General Fund)
Department( s): Public Works Agency
Recommended Action: 1. Authorize the reallocation of SB1 funds from the Euclid Rehabilitation from First Street to Hazard Avenue Improvement Project for a total amount of $ 1,037, 000 to the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project to complete the project funding requirement.
2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $ 1,400, 000, subject to change orders not to exceed 25% of the base bid amount) in accordance with the Greenbook:
Standard Specifications for Public Works Construction, for construction of the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to executethe contract subject to non -substantivechanges approved by the City Manager and the CityAttorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of 1, 750, 000, which includes $ 1, 400, 000 for the construction contract; $ 210, 000 for contract administration, inspection, and testing; and a $ 140,000 project contingency for unanticipated or unforeseen work.
4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-43 was filed for the project.
10. Award a Construction Contract to Kalban, Inc. in the Amount of $ 3, 037, 800 for the Alley Improvements Program with an Estimated Project Delivery Cost of 4, 252, 820 ( Project No. 23- 6910) ( M2 Local Fairshare) ( General Fund) Department( s): Public Works Agency
Recommended Action: 1. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects: $ 143,017 from Alley Improvement Program FY2018- 19, $818, 083 from Alley Improvement Program FY2021- 22 for a total of 961,100 to the Alley Improvements Program Project to complete the project's funding requirement.
2. Award a construction contract to Kalban, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $ 3, 037, 800, subject to a change order not -to -exceed 25 percent of the base bid) in accordance with the 2021 Greenbook:
Standard Specifications for Public Works Construction for construction of the Alley Improvements Program Project, for the term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney.
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3. Approve the Project Cost Analysis for a total estimated construction delivery cost of 4,252, 820, which includes $ 3,037, 800 for the construction contract; $ 455, 670 for contract administration, inspection, and testing; and a $ 759,350 project contingency for unanticipated or unforeseen work.
4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER- 2022- 118 was filed for the project 23-6910.
11. Approve Agreement with Arakelian Enterprises, Inc., DBA Athens Services to Provide Street Sweeping Services, for a Total Amount Not to Exceed 64,572,750 for up to 15 Years (Specification No. 23-007) (General Fund and Non - General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with AthensServicesto providestreetsweepingservicesat a base amountof $3,913,500, with an annualcontingencyof $391,350, for a totalannualamountof $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten- year initial term totaling $43,048,600, beginningon July 1, 2024 and expiring June 30, 2034, with an option for one, five-year extension totaling $ 21,524,250, for an aggregate amount not to exceed $ 64, 572, 750, subject to non - substantive changes approvedby theCityManagerand CityAttorney (Agreement No. A-2023-154).
MINUTES: Councilmember Penaloza asked for clarification regarding the expansion of industrial and commercial areas and requested that staff come up with a plan to post signage throughout the industrial areas.
CityManagerKristine Ridge spokeregardingthe increasedservicesto streets.
Public Works Director Nabil Saba spoke regarding street sweeping in industrial and commercial areas and potential plans to implement signage.
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 11, seconded by Councilmember Hernandez.
The motion carried, 6 — 0 — 0 — 1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,
MAYOR PRO TEM LOPEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR AMEZCUA
Status: 6- 0— 0— 1 — Pass
CITY COUNCIL 8 AUGUST 29, 2023
12. Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Way ( Non -General Fund)
Department( s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a license agreement with The Legacy Fund, a nonprofit public benefit organization, for use of public right-of- way on 10th Street between Main Street and Sycamore Street for improvements for the use and benefit of Orange County School of Arts students, staff, and faculty, for a 10- year term with two optional five-year extensions, with a $3,000 annual license fee paid to the City, subject to non -substantive changes approved by the City Manager and the City Attorney ( Agreement No. A-2023- 155).
13. Approve Agreement with Volcan Advertising & Entertainment for Music Entertainment at the Fiestas Patrias Event in the Amount of $ 122, 000 ( General Fund)
Department( s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Volcan Advertising & Entertainment to provide musical entertainment at the Fiestas Patrias event, in the amount of $ 122,000, beginning August 29, 2023 through September 30, 2023, subject to non -substantive change approved by the City Manager and City Attorney ( Agreement No. A- 2023- 156).
14. Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department ( General Fund and Non - General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC, for the period of October 1, 2023 through September 30, 2026, to provide policy manual maintenance, support, and training services to the Police Department in an amount not to exceed $ 175, 573. 29, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 157).
MINUTES: Councilmember Hernandez spoke regarding Lexipol's policies and directed staff to explore options regarding allocating additional resources to the City Attorney' s Office for an in-house police policy maintenance, policy feedback and engagement from and with the community, and to collaborate with the newly established Police Oversight Commission to oversee and monitor the Police Department' s policies.
Councilmember Vazquez spoke regarding Lexipol and asked staff for alternatives to LexipoL
CITY COUNCIL 9 AUGUST 29, 2023
MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez.
Councilmember Phan requested clarification regarding the usage of Lexipol templates and the Master Service Agreement.
Councilmember Bacerra spoke regarding the process of evaluating the templates provided to the City.
Police Chief David Valentin spoke regarding Lexipol' s policies.
Mayor Pro Tem Lopez requested clarification regarding policy and training approval.
Councilmember Hernandez expressed concern regarding Lexipols policies and the impacts to the City.
Chief Valentinprovided clarificationregardingthe policies that Lexipol did not have in place.
Councilmember Hernandez questioned the need for Lexipol due to the minimal implemented policies.
Mayor Pro Tern Lopez asked regarding the spotlight policy Lexipol provided in their manual.
Chief Valentin shared the implementation of policies and the services available.
City Manager Kristine Ridge clarified that the previous contract brought forward to Council was to add an additional jail module, and not the master agreement with Lexipol. She provided Council an update on the process of getting the Police Oversight Commissionup and running for them to review all operating policies and procedures of the Police Department.
Councilmember Phan asked regarding the termination of contract.
Chief Assistant City Attorney John Funk clarified that the termination clause requires 60 day written notice.
SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 14, and direct staff to work with the Police Oversight Commission and return in a year with options, seconded by Councilmember Bacerra.
The substitute motion failed, 3 - 3 - 0 - 1 , by the following roll call vote:
CITY COUNCIL 10 AUGUST 29, 2023
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN
NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
ABSTAIN: NONE
ABSENT: MAYOR AMEZCUA
Status: 3- 3- 0— 1 — Fail
MOTION: Moved by Councilmember Hernandez to not approve the agreement and direct staff to explore options, seconded by Councilmember Vazquez.
The motion failed, 3 — 3 — 0 — 1, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN
ABSTAIN: NONE
ABSENT: MAYOR AMEZCUA
Status: 3- 3- 0— 1 — Fail
Item No. 14 continued to September 19, 2023.
15. Approve Agreement with Filler Security Strategies, Inc. in the Amount of 56,750 to Provide a Revision to the Three -Year Countywide Homeland Security Grants Strategy ( Non -General Fund)
Department( s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with FillerSecurityStrategies, Inc., for theperiodof August29, 2023throughMarch31, 2024, to provide a revision to the Countywide Homeland Security Grants Strategy in an amount not to exceed $56,750, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-158).
16. Amend Agreement with Benefit Financial Services Group, LLC ( BFSG) for Plan and Investment Advisory Services Pertaining to the 457 Deferred Compensation Plan to Add Participant Planning and Consulting Services at No Additional Cost
Department( s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Benefit Financial Services Group, LLC to provide Participant Planning and Consulting Services at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023- 166).
CITY COUNCIL 11 AUGUST 29, 2023
17. City Attorney Evaluation and Resolution to Reflect Positive Performance Department( s): City Attorney's Office
Recommended Action: Adopt a resolution to reflect an Exceeds Expectations performanceevaluationconductedon August 15, 2023 and acknowledgeretainer adjustmentof $25,000 perthe existingLegalServicesAgreementwith BestBestand KriegerLLPfor CityAttorneyandSpecialCounselLegalServices.
RESOLUTION NO. 2023- 058 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY
EVALUATIONAND ACKNOWLEDGING A RETAINER INCREASE PURSUANT TO
THE EXISTING RESTATED LEGAL SERVICES AGREEMENT FOR CITY
ATTORNEY SERVICES
18. Resolution Declaring Support of the HOME Act AB1306 Department( s): City Manager's Office
Recommended Action: Adopt a resolution declaring support of Assembly Bill 1306 Carrillo)- State Government: Immigration Enforcement.
RESOLUTION NO. 2023- 059 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1306 ( The HOME Act) MINUTES: Councilmember Vazquez spoke in support of the HOME Act and spoke regarding the criminal legal system.
Councilmember Phan shared her experience as a refugee.
19. Authorize the Planning Division to Prepareand Provide Notice to the County of Orange Airport Land Use Commission ( ALUC) in Accordance with Public Utilities Code Section 21676( b) for a Proposed Mixed - Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Reviewand Entitlements Processing with the City Department( s): Planning and Building Agency
Recommended Action: Adopt a resolution authorizing the Planning Division to initiate the preparationand drafting of findings and determinationoverruling the County of OrangeAirport Land Use Commission's Determinationof Inconsistency associatedwith a proposedmixed -usedevelopmentprojecton a 41-acresite located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation' s Division of Aeronautics.
CITY COUNCIL 12 AUGUST 29, 2023
RESOLUTION NO. 2023- 060 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE
THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF
OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION' S
DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED - USE DEVELOPMENT PROJECT ON A 41- ACRE SITE LOCATED AT 3600
SOUTH BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676( B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF
ORANGE LAND USE COMMISSION AND THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION' S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE
PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL ( includes determination that this action is not subject to the California Environmental Quality Act ( CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment).
MOTION: Councilmember Hernandez
action for Item No. 19 as part of
Councilmember Penaloza.
moved to approve the recommended
the Consent Calendar, seconded by
MINUTES: Councilmember Phan recused herself from Agenda Item No. 19 as the property owner of the parcel in question is a client of her employer, Rutan and Tucker.
The motion carried, 5-0- 1- 1, by the following roll call vote:
AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER
HERNANDEZ, COUNCILMEMBER PENALOZA,
COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ
NOES: NONE
ABSTAIN: COUNCILMEMBER PHAN ( recusal)
ABSENT: MAYOR AMEZCUA
Status: 5- 0- 1 — 1 — Pass
END OF CONSENT CALENDAR**
BUSINESS CALENDAR
MINUTES: At 8: 37 PM, the Business Calendar was considered.
CITY COUNCIL 13 AUGUST 29, 2023
20.Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non -General Fund) Department( s): Public Works Agency
Recommended Action: Approvefirst readingof an ordinanceamendingArticleVII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishingspeedlimitson certainstreetsand portionsof streetsin the city.
ORDINANCE NO. NS-3050 entitledAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING
PRIMA FACIE SPEED LIMITS
MINUTES: Public Works Director Nabil Saba provided a presentation on the Engineering and Traffic Speed Survey.
Councilmember Hernandez voiced his support for the item.
Councilmember Bacerra expressed concern regarding speed limits in school areas.
Traffic Engineer Zed Kukula explained the law for speed limits.
Mayor Pro Tem Lopez expressed her support for the item.
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 20, seconded by Mayor Pro Tern Lopez.
The motion carried, 5 — 1 — 0 — 1, by the following roll call vote:
AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER
PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER
VAZQUEZ, MAYOR PRO TEM LOPEZ
NOES: COUNCILMEMBER BACERRA
ABSTAIN: NONE
ABSENT: MAYOR AMEZCUA
Status: 5- 1 — 0 — 1 — Pass
END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
21. Stabilization and Just Cause Eviction Ordinance to require supermajority approval of the total number of Councilmembers for certain future amendments to the ordinance. — Councilmember Phan
CITY COUNCIL 14 AUGUST 29, 2023
MINUTES: Councilmember Phan gave direction to staff to look at bringing back an ordinance to require a supermajority vote to either repeal the Just Cause Eviction Ordinance and Rent Stabilization Ordinance or require a supermajority vote to amend certain previsions on the Just Cause Eviction Ordinance and Rent StabilizationOrdinanceand the previsions to includerent cap, rental registry and/or registry fee, rent board, amendments related to no fault just cause evictions, and amendments related to at fault just cause evictions.
Councilmember Vazquez shared his support for the proposal.
Councilmember Bacerra spoke in opposition to the item.
Councilmember Phan requested clarification regarding adopting an Ordinance requiring supermajority to amend provisions.
Chief Assistant City Attorney John Funk explained a supermajority vote to amend provisions and the previously amended ordinance.
Councilmember Hernandez stated he is fully supportive of this item.
Councilmember Penaloza spoke in opposition to the item.
City Manager Kristine Ridge stated staff would research and return to Council with options by October 3, 2023.
CITY MANAGER COMMENTS
City Manager Kristine Ridge announced the upcoming events- National Grandparents Day September 7-9 at the Library and Fiestas Patrias September 16-17.
COUNCILCOMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
MINUTES: Councilmember Bacerra wished Margaret Lane a Happy 105thBirthday and thanked her for her years of services, provided a comment to the City Manager in regards to the intoxication detention policy with an emphasis on Bristol St. between First and McFadden, announced his monthly community office hours for the second Saturday in Septemberat 10:00 A.M. at GeorgeUptonAll Access Park, wishedeveryonea Happy Labor Day, and requested the meeting to be adjourned in the memory of 23 year old VeronicaAmezola and 27 year old Kimberly lzquierdo.
Councilmember Hernandez thanked the community for their participation and spoke regarding Chicano Heritage Month and the Chicano Heritage Festival at El Salvador Park.
CITY COUNCIL 15 AUGUST 29, 2023
Councilmember Phan gave an update about the Housing Authority Forum, congratulated the Parks and Recreation Department for the Zoofari Event and Chicano Heritage Festival, gave a shout out to local artist Marina Aguilera for her mural, and spoke regardingbeingelectedas Division11representativefor the League of California Cities.
Councilmember Vazquez thanked Parks and Recreation for the event put together on Sunday and announcedthat it is garage sale weekend.
Mayor Pro Tem Lopez announced the Grupo Autistimo 201hAnnual Event taking place in Ward 3 on September 9, invited the community to come out on September 3 for Carnaval Muralense, announced the Ceremonial Grand Opening for small business, Hammer Burger, and spoke regarding her participation in the Climate Resiliency Forum.
ADJOURNMENT — Adjourn the City Council Special meeting.
MINUTES: Mayor Pro Tem Lopez adjourned the Special City Council Meeting at 9:21 P. M.
Adjourn in memory of:
Veronica Amezola
Kimberly lzquierdo
Respectfully submitted: ••>.
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CITY COUNCIL 16 AUGUST 29, 2023