Santa Ana City Council
November 21, 2023

CITY COUNCIL 1 April 04, 2023
DRAFT 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:

ROLL CALL
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:40 P.M.

ATTENDANCE Council Members
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez
Mayor Valerie Amezcua
City Manager
City Attorney
City Clerk
Kristine Ridge
Sonia R. Carvalho
Jennifer Hall
CITY COUNCIL 2 April 04, 2023
City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

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

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

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

Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) Full­Time 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. 1:17­md­02804
RECONVENE – City Council will reconvene to continue regular City business.

MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7:18 P.M.

CITY COUNCIL 3 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
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez
Mayor Valerie Amezcua
City Manager
City Attorney
City Clerk
Kristine Ridge
Sonia R. Carvalho
Jennifer Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Mike Garcia, Community Development Director WORDS OF INSPIRATION Pastor S. Anthony Simon
CITY COUNCIL 4 April 04, 2023
ADDITIONS\DELETIONS 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. Proclamation presented by Mayor Amezcua to OneLegacy declaring April as DMV/Donate Life Month.

2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years of Outstanding Contributions to the Community.

3. Proclamation presented by Councilmember Hernandez and Councilmember Vazquez to Latino Health Access declaring April as National Child Abuse Prevention Month.

4. Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority and Santa Ana Police Department Dispatchers in Honor of National Public Safety Telecommunicators Week.

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 Graffiti Arts 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 5 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 comments on agenda and non­agenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is 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 6 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.

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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

CONSENT CALENDAR
CITY COUNCIL 7 April 04, 2023

7. Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full­Term 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. Hall 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 one­time 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 non­substantive 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 one­time 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 10­percent contingency of $24,989, for a total amount not to exceed $274,877, subject to non­substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022­2023 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. 23­048) (General and Non­General Fund)
Department(s): Police Department
Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for CITY COUNCIL 8 April 04, 2023
Motorola 800 MHz communications system equipment for a 14­month period expiring June 30, 2024 in an amount not to exceed $471,570, subject to non­ substantive changes approved by the City Manager and City Attorney.

11. Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements Project FY 2022­23 Project with an Estimated Project Delivery Cost of $1,550,625 (Project No. 22­1377) (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 2022­23, for the term beginning September 1, 2023 and ending December 31, 2023, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney.

2. Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $1,387,759 in Revive funding for the Salgado Community Center Renovations Project. (Project No. 22­1377)

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 California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­2022­34 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. 22­1348, 22­1349, 22­1350, & 22­1412) (Non­General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a construction contract with MMC, Inc. to provide Design­Build services for demolition of existing restroom buildings, installation of new, pre­fabricated buildings, and associated site and utility work in the amount of $2,870,000, with a contingency of $287,000, for a three­year period from April 5, 2023 to April 4, 2026, with an option for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022­23 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 9 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. ER­2023­28 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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

13. Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal (Non­General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Easement Deed granting Southern California Edison the right to own, place, and maintain power conduits and conductors underground to serve APN 016­035­14.

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 005­142­02) 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 10 April 04, 2023
agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 843 N. Garnsey Street, also identified as APN 005­142­02, (Property) in the amount of $750,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­058).

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 Tem Lopez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

15. Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for the Cultura Publication and Additional Design Services as Needed (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Merritt Studio, LLC to provide graphic design services for the Cultura publication and additional design services as needed, for a three­year term beginning on April 4, 2023 through April 3, 2026 with options for two one­year extensions, and a total agreement amount not to exceed $145,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­049).

16. Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right­of­Way and Median Landscape Maintenance Services (Project No. 22­1309) (General Fund and Non­General 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 Management Services, Inc. for Right­of­Way and Median Landscape Maintenance Services to increase the contract amount by $2,300,000 for a total agreement amount CITY COUNCIL 11 April 04, 2023
not to exceed $8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­050).

17. Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR­55/Ritchey Street Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term (Project Nos. 19­6438, 19­6439, 19­6440) (Non­General 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 SR­55/Ritchey 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 the term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­051).

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 (Non­General 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 not­to­exceed amount of $200,000 for the remainder of the term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­052).

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 12 April 04, 2023
AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0 - 1 – Pass

19. Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On­Call Engineering Design Services for PFAS Treatment Systems in an Aggregate Amount Not to Exceed $3,000,000 for up to a Five­Year Term (Non­ General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on­call engineering design services for PFAS treatment systems, for a shared aggregate amount not to exceed $3,000,000, for a three­year term beginning April 4, 2023 and expiring April 3, 2026, with provisions for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023­053).

20. Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional Transportation Center for a Four­year 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 $6,400 per month, with any partial month prorated at $206 per day, for the lease of 3,200 square feet of office space located at the Santa Ana Regional Transportation Center for a four­year term beginning on April 4, 2023 and ending February 28, 2027, for a total of $300,082 in lease revenue for the entire term of the agreement, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­054).

21. Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non­General Fund) Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a three­year professional services agreement with SenseMakers LLC for an on­site project and fiscal grant management coordinator services, for the period beginning June 1, 2023 through May 31, 2026, with a fourth­ and fifth­year option in an amount not to exceed CITY COUNCIL 13 April 04, 2023
$896,370, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­059).

MINUTES: Councilmember Hernandez requested Police Chief David Valentin provide 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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ
NONE
NONE
Status: 6 – 1 – Pass

22. Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a Three­Year Term and Two One­Year Renewal Periods
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with PetData, Inc. for animal licensing services for a three­year period, from April 4, 2023 through April 3, 2026, with two one­year extension periods, subject to non­substantive changes approved by the City Manager and City Attorney; there is a one­time start­up fee of $1,000 and an ongoing fee of $4.30 for each one­year license processed (Agreement No. 2023­055).

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 (Non­General Fund)
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023­015
CITY COUNCIL 14 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. Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for Santiago Park Trail and Habitat Restoration Plan (Non­General Fund) Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023­016

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 Property at 206 and 208 South Flower Street
Department(s): Public Works Agency
Recommended Action: Adopt Resolution No. 2023­017

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 2022­23 Mid­Year Appropriation Requests Department(s): Finance and Management Services
Recommended Action: Approve the recommended Appropriation Adjustments. (Requires five affirmative votes)
**END OF CONSENT 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 Protection Agency (SARFPA), the Southern California Association of Governments (SCAG), and the Orange County Council of Governments (OCCOG) Department(s): City Clerk’s Office

BUSINESS CALENDAR
CITY COUNCIL 15 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 (SCAG) 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 Conference and General Assembly Business Meeting only.

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.

28. Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full­Term 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 MOTION: Above-stated motions for appointments, including direction to staff.

The motions carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
CITY COUNCIL 16 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 allowing him to speak. He spoke of his willingness and desire to serve on 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 Tem Lopez 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 continually learning and attempting to better himself.

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 ever participated in a police ride-along. She also inquired with Chief Assistant City Attorney Laura Rossini if the nominee's appointment would result in any liability to the City.

CITY COUNCIL 17 April 04, 2023
Chief Assistant City Attorney Rossini stated that the Police Oversight Commission would not make final determinations, but rather make recommendations. **END OF BUSINESS CALENDAR**

COUNCILMEMBER REQUESTED ITEMS

29. Discuss and Direct the City Manager to Direct Staff to Implement a 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.

Councilmember Penaloza clarified that the item is a discussion item 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 Ridge recommended refraining from implementing a 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.

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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA
NONE
NONE
Status: 3 – 4 – Fail
CITY COUNCIL 18 April 04, 2023
Councilmember Phan provided comments and spoke in opposition to the item.

Police Chief David Valentin provided comments and responded to Council inquiries.

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.

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1 March 31 – April 1, 2023 Mayor Pro Tem Lopez – WELL 11th Annual Statewide Conference in Van Nuys, CA
MINUTES:

Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked Senator Umberg for his work related to Senate Bill 44 and Senator Sandra Nguyen for 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 meeting and thanked Councilmember Bacerra for shedding light on the importance of Senate Bill 44 and the dangers or fentanyl.

Councilmember Vazquez provided comments on crime reduction and wished everyone a good night.

Councilmember Phan thanked everyone who participated in the meeting, spoke of her recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event geared at educating the public on the recent food stamp and benefit changes. She also announced she is partnering with several nonprofits to host two free legal clinics in Ward 1 at the Newhope Library on April 4, 2023, and April 22, 2023.

Mayor Pro Tem Lopez reported her AB1234 disclosure: March 31 – April 1, 2023 WELL 11th Annual Statewide Conference in Van Nuys, CA. She wished Sammy a Happy 2nd Birthday, spoke of her experience touring the Diemer Plant, thanked healthcare workers for their work, and wished everyone a good night.

CITY COUNCIL 19 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,
Jennifer L. Hall, CMC
City Clerk