Agenda packet — Santa Ana City Council, February 20, 2024 (part 1 of 7)

City Council and Special Housing Authority
Meeting Packet
February 20, 2024
CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in City Council 1 2/20/2024
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speakbydialing*9fromyourphoneoryoumayvirtuallyraiseyourhandfromZoom City Council 2 2/20/2024
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak.

City Council 3 2/20/2024
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“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Consejo.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
City Council 4 2/20/2024
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

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

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 Negotiator: Ramon Figueroa, Employee Relations Manager Employee Organization:

Santa Ana Police Officers Association (POA)

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Mayra Mendoza and Giovanni Mendoza v City of Santa Ana, et al., Orange County Superior Court, Case No. 3020200114729CUPACJC
B. City of Santa Ana v Kenneth A. Steele and Ana Steele, et al., Orange County Superior Court, Case No. 30202301313726CUEICXC
C. Kingsley Management Corp., et al v. City of Santa Ana, U.S District Court (Central District), Case No. 8:22cv00076CJCJDE
D. Kingsley Management Corp., et al v. City of Santa Ana, U.S. District Court (Central District), Case No. 8:23cv00102CJCJDE
City Council 5 2/20/2024
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Superior Court, Case No. 3020200114729CUPACJC
B. City of Santa Ana v Kenneth A. Steele and Ana Steele, et al., Orange County Superior Court, Case No. 30202301313726CUEICXC
C. Kingsley Management Corp., et al v. City of Santa Ana, U.S District Court (Central District), Case No. 8:22cv00076CJCJDE
D. Kingsley Management Corp., et al v. City of Santa Ana, U.S. District Court (Central District), Case No. 8:23cv00102CJCJDE

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to Santa Ana Police Oversight Commission

4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: City Manager

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1)
Title: Interim City Manager
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Natalie J. Graham, California State University of Fullerton ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to Alejandra Rodriguez for Outstanding Contributions to the Community (Good Neighbor Award)

2. Certificates of Recognition presented by Mayor Amezcua to the Willard Intermediate School Jazz Band for Outstanding Musical Performance
City Council 6 2/20/2024
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Natalie J. Graham, California State University of Fullerton ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to Alejandra Rodriguez for Outstanding Contributions to the Community (Good Neighbor Award)

2. Certificates of Recognition presented by Mayor Amezcua to the Willard Intermediate School Jazz Band for Outstanding Musical Performance

3. Proclamation presented by Mayor Pro Tem Phan to Nguyen’s Kitchen declaring February 10, 2024 as Tet / Lunar New Year

4. Certificates of Recognition presented by Councilmember Bacerra to Rosa Carbajal and Mijail Bacila for Outstanding Acts of Heroism

5. Proclamation presented by Councilmember Hernandez to Gweni’s Doll House Beauty Salon declaring February 2024 as Black History Month

6. Certificate of Recognition presented by Councilmember Lopez to Mauricio Yahir Trejo Najera for Outstanding Contributions to the Community
STAFF PRESENTATIONS

7. New Health Benefits for NonCitizens – Cal Optima
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENTS – 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.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 41 and waive reading of all resolutions and ordinances.

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

9. Minutes from the Regular Meetings of August 1, 2023, August 15, 2023, September 19, 2023, October 3, 2023, October 17, 2023, November 7, 2023, November 21, 2023, and December 5, 2023, and the Special Meetings of August 29, 2023, October 9, 2023, and October 30, 2023
Department(s): City Clerk’s Office
City Council 7 2/20/2024

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

10. Quarterly Report for Housing Division Projects and Activities for the Period of October 1, 2023 to December 31, 2023
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2023 to December 31, 2023.

11. Homeless Services Quarterly Report for the Period of October 1, 2023 through December 31, 2023
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Homeless Services Projects and Activities for the period of October 1, 2023 through December 31, 2023.

12. Appropriations Adjustment Recognizing Grant Revenue in the Amount of $1,086,754 for the California State Library Building Forward Library Facilities Improvement Program for the Newhope Library Renovation Project and Use of Previously Appropriated Funds in the Amount of $271,688 for the Local Match Requirement Department(s): Library
Recommended Action: 1. Approve an appropriation adjustment to recognize $1,086,754 in grant revenue from the California State Library and appropriate $1,086,754 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes)

2. Approve the use of previously appropriated Cannabis Public Benefit funds for the local match requirement in the amount of $271,688.

13. Approve Appropriation Adjustment in the Amount of $1,150,000 and Additional Contingency Funds in the Amount of $1,100,000 for an Existing Construction Contract with James W. Fowler Co., and Additional Contract Administration, Inspection, and Testing in the Amount of $50,000 with an Estimated Project Delivery Cost of $8,400,000 for the SR55/Ritchey Street Water Improvements Projects (Project Nos.196438, 196439, 196440) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $1,150,000 in reimbursement obligation funds from Orange County Transportation Authority(OCTA)asstipulatedinthethreeUtilityReimbursementAgreementsforthe City Council 8 2/20/2024
$1,086,754 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes)

2. Approve the use of previously appropriated Cannabis Public Benefit funds for the local match requirement in the amount of $271,688.

13. Approve Appropriation Adjustment in the Amount of $1,150,000 and Additional Contingency Funds in the Amount of $1,100,000 for an Existing Construction Contract with James W. Fowler Co., and Additional Contract Administration, Inspection, and Testing in the Amount of $50,000 with an Estimated Project Delivery Cost of $8,400,000 for the SR55/Ritchey Street Water Improvements Projects (Project Nos.196438, 196439, 196440) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $1,150,000 in reimbursement obligation funds from Orange County Transportation Authority (OCTA), as stipulated in the three Utility Reimbursement Agreements for the State Route 55 Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects, Expense ReimbursementOCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Project Cost Analysis in the amount of $1,150,000 for $1,100,000 in additional contingency funds and $50,000 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $8,400,000.

14. Approve an Appropriation Adjustment for the Santa Ana Regional Transportation Center Transit Beautification Projects
Department(s): Public Works Agency
Recommended Action: Approve an appropriation adjustment to recognize $1,975,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing project, and the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation project. (Requires five affirmative votes)

15. Approve an Appropriation Adjustment and Award a Purchase Order to Santa Ana Guaranty Chevrolet Motors, Inc. for Eight EV Blazer SUVs, in an Amount NottoExceed $563,304 (Bid No. 23184A) (NonGeneral and General Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $214,364 in prioryear fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmative votes)

2. Authorize a onetime purchase and payment of purchase order to Santa Ana Guaranty Chevrolet Motors, Inc. for eight Chevrolet EV Blazer SUVs, in an amount nottoexceed $518,304, with a $45,000 contingency.

16. Award a Purchase Order to Econolite Control Products, Inc. in an Amount of $94,720 (Bid No. 23176) (NonGeneral Fund)
City Council 9 2/20/2024
Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmative votes)

16. Award a Purchase Order to Econolite Control Products, Inc. in an Amount of $94,720 (Bid No. 23176) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Econolite Control Products, Inc. for ten assembled traffic signal controller cabinets in an amount of $94,720 plus a contingency of $5,000, for a total amount not to exceed $99,720.

17. Award Aggregate Inventory Blanket Order Contracts for Water Meter Boxes and Lids to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, in a Total Aggregate Amount Not to Exceed of $3,000,000 for a threeyear term beginning February 6, 2024 and Expiring February 5, 2027, With Provisions for up to Three Additional OneYear Renewal Periods (Specification No. 23102) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award Blanket Order Contracts to Core & Main and Ferguson Enterprises LLC, dba Ferguson Water Works, to provide water meter boxes and lids for a shared aggregate amount not to exceed $3,000,000, for a threeyear term beginning February 6, 2024 and expiring February 5, 2027, with provisions for three, oneyear renewal periods, in accordance with each vendor’s respective contract terms and conditions.

18. Approve an Appropriation Adjustment and a Lease Agreement with RailWorks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a FiveMonth Term with 12 OneMonth Extensions, for a Total Amount of $73,031 (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with Railworks Track Services, Inc. to compensate the City $4,356 per month, with any partial month prorated at $145 per day, for the lease of 1,452 square feet of office space located at the Santa Ana Regional Transportation Center, for a fivemonth term beginning February 6, 2024 and ending June 30, 2024, with the option of 12 onemonth extensions, for a total of $73,031 in lease revenue for the entire term of the agreement, including the optional extensions (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing Fiscal Year 202324 lease income in the amount of $20,759 into the SARTC Operations, RentalRailWorks revenue account and appropriate the same amount to the SARTC Operations, Contractual ServicesProfessional expenditure account. (Requires five affirmative votes)

19. Approve an Appropriation Adjustment and Approve an Eighth Amendment with Landscape West Management Service, Inc. to Increase the Contract Amount by $277,500 for Landscape Services (Project No. 246602) (NonGeneral Fund) Department(s): Public Works Agency
City Council 10 2/20/2024
revenue account and appropriate the same amount to the SARTC Operations, Contractual ServicesProfessional expenditure account. (Requires five affirmative votes)

19. Approve an Appropriation Adjustment and Approve an Eighth Amendment with Landscape West Management Service, Inc. to Increase the Contract Amount by $277,500 for Landscape Services (Project No. 246602) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment accepting $75,000 in the PWA Enterprise Capital Grants, Miscellaneous Revenue account and appropriate the same amount to the WaterSMARTWatershed Mgmt Prog expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute an eighth amendment to the agreement with Landscape West Management Services, Inc. to increase the contract amount by $277,500, for a total agreement amount not to exceed $8,499,500 (Agreement A2024XXX).

20. Approve Third Agreement Amendments for Emergency OnCall Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc.

Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for oncall emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Agreement A2024XXX).

21. Approve an Agreement with Working Wardrobes to Provide Workforce Development Services to Unemployed People with Barriers to Employment Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce development services, including workforce readiness workshops, job development, career planning, and job training in an amount not to exceed $742,000, for a term commencing February 6, 2024 and expiring December 31, 2025 (Agreement No. A2024XXX).

22. Agreement with Torti Gallas + Partners, Inc. (TGP) to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an Amount Not to Exceed $799,282 (Specification No. 23011) (General Fund and NonGeneral Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute an agreement with Neal I. Payton Architectural Corporation dba Torti Gallas + Partners, Inc. (TGP) to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas, in an amount not to exceed $799,282 for a twoyear term beginning on February 6, 2024 and expiring on January 31, 2026, with provisions for a one twoyear extension (Agreement No. A2024XXX).

23. AdoptaResolutionAmendingtheClassificationandCompensationPlanfor City Council 11 2/20/2024
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute an agreement with Neal I. Payton Architectural Corporation dba Torti Gallas + Partners, Inc. (TGP) to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas, in an amount not to exceed $799,282 for a twoyear term beginning on February 6, 2024 and expiring on January 31, 2026, with provisions for a one twoyear extension (Agreement No. A2024XXX).

23. Adopt a Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management Department(s): Human Resources
Recommended Action: Adopt a resolution that amends the City’s Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to adjust the salary schedule of the Library Services Director.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE
MANAGEMENT (EM)

24. Amendment Application No. 202304 and Zoning Ordinance Amendment No. 2023 03 for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street (Second Reading)
Legal notice published in the OC Reporter on January 19, 2024.

Department(s): Planning and Building Agency
Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application (Zone Change) No. 202304.

ORDINANCE NO. NS3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202304 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 40524104) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD82)

2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 202303 as conditioned.

ORDINANCE NO. NS3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD82) TO EXPAND THE BOUNDARIES OF THE SD82 AND TO AMEND VARIOUS SECTIONS OF THE SD82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE
REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS

AGREEMENTS

3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines.

25. Ordinance Amendment No. 202304 amending Article II.II of Chapter 2 (Sunshine Ordinance)oftheSantaAnaMunicipalCode(SAMC)AddressingApplicabilityof City Council 12 2/20/2024
REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS

AGREEMENTS

3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines.

25. Ordinance Amendment No. 202304 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments (Second Reading); Ordinance Amendment No. 202305 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks (Second Reading); and Zoning Ordinance Amendment No. 202304 to Update Chapter 41 (Zoning) of the SAMC Addressing Billboards and General Restrictions (Second Reading)
Legal notice published in the OC Reporter on January 19, 2024.

Department(s): Planning and Building Agency
Recommended Action: 1. Find and determine that the adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time.

2. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 202304 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of the ordinance to specific development amendments.

ORDINANCE NO. NS3057 entitled ORDINANCE AMENDMENT NO. 202304 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS

3. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 202305 amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks.

ORDINANCE NO. NS3058 entitled ORDINANCE AMENDMENT NO. 202305 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS

4. Conduct second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 202304 amending Chapter 41 (Zoning) of the SAMC addressing billboards and general restrictions.

ORDINANCE NO. NS3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023 04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS

26. Appoint Nathaniel Greensides Nominated by Councilmember Hernandez as the Ward 5 Representative to the Personnel Board for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
City Council 13 2/20/2024
04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND BILLBOARDS

26. Appoint Nathaniel Greensides Nominated by Councilmember Hernandez as the Ward 5 Representative to the Personnel Board for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Nathaniel Greensides to the Personnel Board as the Ward 5 representative and administer the Oath of Office.

27. Receive and File Boards and Commissions Biannual Attendance Report for June through December 2023
Department(s): City Clerk’s Office
Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report.

28. Approve an Addendum to the Fiscal Year 202324 Request for Proposals for Affordable Homeownership Opportunities
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to issue an Addendum to the Fiscal Year 202324 Request for Proposals for Affordable Homeownership Opportunities to expand the types of eligible proposals for affordable rental projects with a development site preference for specific areas in the City and revise the name to Request for Proposals for Affordable Housing Development.

29. Approve an Appropriation Adjustment to Recognize Additional Measure M2 Regional Capacity Program Funds and Amend the FY 202324 Capital Improvement Program for Bristol Street Improvements Phase 3A & 4 (Projects 136792, 116741) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve appropriation adjustments to recognize additional approved Measure M2 Competitive funds by the Orange County Transportation Authority due to increased construction costs in the amounts of $205,949 and $317,276 for Bristol Street Improvements Phase 3A & 4 (Project No. 136792, 116741). (Requires five affirmative votes)

2. Approve amendments to the Fiscal Year 202324 Capital Improvement Program to add the additional Measure M2 Competitive funds to Bristol Street Improvements Phase 3A & 4 (Project No. 136792, 116741).

30. Approve an Appropriation Adjustment and Award a Purchase Order to National Auto Fleet Group for Two Ford F150 Lightning EV Trucks in an Amount Not to Exceed $168,287 (Bid No. 24007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $168,287 in prioryear fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmativevotes)
City Council 14 2/20/2024
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Fleet Group for Two Ford F150 Lightning EV Trucks in an Amount Not to Exceed $168,287 (Bid No. 24007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $168,287 in prioryear fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet ServicesAir Quality Improvement expenditure account. (Requires five affirmative votes)

2. Authorize a onetime purchase and payment of a Purchase Order to National Auto Fleet Group for two, new 2024 Ford F150 Lightning EV trucks in the amount of $148,287 plus a contingency amount of $20,000, for a total amount not to exceed $168,287.

31. Authorize an Appropriation Adjustment and Award a Purchase Order Contract to Musco Sports Lighting, LLC for LED Sports Lighting with Related Supplies and Services in an Amount Not to Exceed $732,955 (Specfication No. 24020) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Authorize a onetime purchase and payment of a Purchase Order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the Santiago Sports Complex in an amount nottoexceed $732,955, including a contingency of $63,736.

2. Authorize an Appropriation Adjustment for $732,955 from District 2 Acquisition and Development Fees Account (Acct. No. 3121300253300) to District 2 Improvements Other than Buildings Account (Acct. No. 3121326066220). (Requires five affirmative votes)

32. Award a Purchase Order in the Amount of $71,532 to AirGaps, LLC for Firewall Hardware and Services (Specification No. 24015) (NonGeneral Fund) Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of Purchase Order to AirGaps, LLC for firewall hardware and services in an amount not to exceed $71,532.

33. Amend Blanket Order Contract with Smart & Final Stores LLC for Sundry Food and Paper Goods, for a Revised Annual Amount NottoExceed $80,000 (Specification No. 19046) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase Blanket Order Contract authority with Smart & Final Stores LLC for the purchase of sundry food and paper goods by $35,000, for a revised annual amount not to exceed $80,000 for the current contract term expiring June 1, 2024, and allow automatic renewal of each annual contract term until terminated.

34. Award Aggregate Blanket Order Contracts to Curley Wholesale Electric and Walters Wholesale Electric Co. for Street Lighting Poles and Materials in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23175) (General Fund and NonGeneral Fund)
City Council 15 2/20/2024
y
purchase of sundry food and paper goods by $35,000, for a revised annual amount not to exceed $80,000 for the current contract term expiring June 1, 2024, and allow automatic renewal of each annual contract term until terminated.

34. Award Aggregate Blanket Order Contracts to Curley Wholesale Electric and Walters Wholesale Electric Co. for Street Lighting Poles and Materials in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23175) (General Fund and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award aggregate Blanket Order Contracts to vendors listed below for street lighting poles and materials on an asneeded basis in an annual nottoexceed aggregate amount of $500,000, and a total nottoexceed aggregate amount of $2,500,000, for an initial oneyear period beginning February 21, 2024 and expiring February 20, 2025, with provisions for four oneyear renewal options.

Vendor Location
Curley Wholesale Electric Santa Ana, CA
Walters Wholesale Electric Co.Brea, CA

35. Approve Second Amendments to Agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council Aide Consultancy Services (General Fund) Department(s): City Manager’s Office
Recommended Action: Authorize the City Manager to execute amendments to the agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for City Council aide consultancy services to increase the nottoexceed amount of each agreement by $10,000, for a total amount not to exceed $60,000 per each agreement, and to extend the term of the agreements to June 30, 2024. (Agreement Nos. A2024XXX, A2024XXX, A2024XXX)

36. Approve an Amendment to the Agreement with MDG Associates, Inc. to Continue Providing Administrative and Technical Support for CDBG, HOME, ESG, and WIOA Programs
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with MDG Associate, Inc. to continue providing administrative and technical support for the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant (ESG), and Workforce Innovation and Opportunity Act (WIOA) federal grant programs, expanding the scope of work to include the fiveyear Consolidated Plan and FY 2025 Annual Action Plan, increasing the nottoexceed amount by $44,500, and extending the term for one year, for a total agreement amount of $259,616 (Agreement No. A2024 XXX).

37. Agreement with The Critter Care Center, Inc. for Veterinary Services for the Santa Ana Zoo
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with The Critter Care Center, Inc. to provide veterinary services for the Santa Ana Zoo in City Council 16 2/20/2024
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the scope of work to include the fiveyear Consolidated Plan and FY 2025 Annual Action Plan, increasing the nottoexceed amount by $44,500, and extending the term for one year, for a total agreement amount of $259,616 (Agreement No. A2024 XXX).

37. Agreement with The Critter Care Center, Inc. for Veterinary Services for the Santa Ana Zoo
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with The Critter Care Center, Inc. to provide veterinary services for the Santa Ana Zoo in an annual amount not to exceed $180,999.80, which includes a $20,000 contingency, for a term from March 1, 2024 through February 28, 2027, with two, oneyear renewal options, for a total amount not to exceed $904,999. (General Fund) (Agreement No.

A2024XXX)

38. Approve an Agreement with Bean Sprouts at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Bean Sprouts, LLC dba Bean Sprouts to provide food and beverage concession services at the Santa Ana Zoo with a 6% revenue share to the City on the first $300,000, 8% revenue share between $300,001 $500,000, and 10% revenue share above $500,000 in cumulative café net sales for a given contract year, March 18 to March 17 of the following year, for an initial term of three years, effective March 18, 2024, with two 2year renewal options (Agreement No. A2024XXX).

39. Approve a ThreeYear Agreement with the Orange County School of the Arts for School Resource Officer Services in the Amount of $806,127 Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a threeyear service agreement with the Orange County School of the Arts (OCSA), which provides for the Santa Ana Police Department to staff one fulltime School Resource Officer (SRO) to the school, for the period of April 1, 2024 through March 31, 2027 in an amount not to exceed $806,127 (Agreement No. A2024XXX).

40. Approve an Appropriation Adjustment and Lease Agreement with Aldridge Electric, Inc. for Office Space at the Santa Ana Regional Transportation Center for a OneYear Term with Twelve OneMonth Extensions for a Total Revenue Amount of $283,944 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with Aldridge Electric, Inc. for the lease of 2,041 square feet of office space located at the Santa Ana Regional Transportation Center for a oneyear term beginning on February 20, 2024 through February 19, 2025, for a total of $283,944 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing Fiscal Year 202324 lease income in the amount of $44,558 into the SARTC Operations, RentalAldridge Electric revenue account and appropriating the same amount into the SARTC City Council 17 2/20/2024
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agreement with Aldridge Electric, Inc. for the lease of 2,041 square feet of office space located at the Santa Ana Regional Transportation Center for a oneyear term beginning on February 20, 2024 through February 19, 2025, for a total of $283,944 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing Fiscal Year 202324 lease income in the amount of $44,558 into the SARTC Operations, RentalAldridge Electric revenue account and appropriating the same amount into the SARTC Operations, Contractual Services expenditure account. (Requires five affirmative votes)

41. Approve Agreements for Automotive, Motorcycle, Truck, and Heavy Equipment Repair Services in an Aggregate Amount Not to Exceed $2,500,000 (Specification No. 23098) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with the vendors listed below to provide automotive, motorcycle, truck, and heavy equipment repair services in an annual aggregate amount not to exceed $500,000, and total aggregate amount not to exceed $2,500,000 for an initial threeyear term beginning February 20, 2024 and expiring February 19, 2027, with provisions for two, 1year extensions (Core Agreement No. A2024XXX).

Vendor Name Location
Santa Ana Guaranty Chevrolet Motors, Inc. Santa Ana, CA Joe MacPherson Ford dba AutoNation Ford Tustin Tustin, CA Bragg Investment Company, Inc. dba Coastline Equipment Long Beach, CA Elite Automotive Services, LLC Lake Forest, CA
Fleetworks, Inc. Santa Fe Springs, CA
Seavco dba Irv Seaver Motorcycles Orange, CA
Los Angeles Truck Centers, LLC dba Velocity Truck Centers Whittier, CA Cerritos Ford, Inc. dba Norm Reeves Ford Superstore Cerritos, CA Plumbers Depot Inc. Hawthorne, CA
R. C. A. Investments, Inc. dba Long Beach BMW MotorcyclesLong Beach, CA Cerritos Ford, Inc. dba TuttleClick Ford Lincoln Irvine, CA **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

42. Nominate and Appoint an Alternate Representative to the Southern California Association of Governments General Assembly Business Meeting Department(s): City Clerk’s Office
Recommended Action: Nominate and appoint an alternate for purposes of the Southern California Association of Governments General Assembly Business Meeting.

43. Fiscal Year 202324 MidYear Budget Update, Appropriation Requests, and City Council 18 2/20/2024
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

43. Fiscal Year 202324 MidYear Budget Update, Appropriation Requests, and Workforce Changes
Department(s): Finance and Management Services
Recommended Action: 1. Receive and file the FY 202324 MidYear budget update.

2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes)

3. Adopt Resolution No. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN

4. Adopt Resolution No. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023 2024 ANNUAL BUDGET TO ADJUST FULLTIME POSITIONS IN THE CITY CLERK’S OFFICE, COMMUNITY DEVELOPMENT AGENCY, LIBRARY SERVICES, PARKS, RECREATION & COMMUNITY SERVICES AGENCY, AND PUBLIC WORKS AGENCY, INCLUDING ADDITIONS AND/OR REALLOCATIONS. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

44. Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (NonGeneral Fund)
Legal notice published in the OC Reporter on February 5 and February 9, 2024.

Department(s): Public Works Agency
Recommended Action: Hold a public hearing and adopt a resolution adjusting the City Sanitation Services User Charge effective July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING THE RATE OF THE SANITATION City Council 19 2/20/2024
Legal notice published in the OC Reporter on February 5 and February 9, 2024.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADJUSTING THE RATE OF THE SANITATION SERVICES USER CHARGE FOR ROADWAY CLEANING AND ENVIRONMENTAL SANITATION SERVICES PROVIDED BY THE CITY OF SANTA ANA (includes determination that adoption falls within a statutory exemption from environmental review pursuant to sections 15273 and 15060(c)(2) of the State Guidelines for Implementation of the California Environmental Quality Act) CITY MANAGER COMMENTS
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.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.

Adjourn in memory of
Alice Alvarez
Allen Baldwin
Carl Overmeyer
Ray Rangel
Future Items

1. Single Audit Report for Fiscal Year Ended June 30, 2023

2. Ordinance re. Protection of Water Service Shutoffs

3. FY202425 Budget Early Direction
POSTING STATEMENT: On February 13, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Interim City Manager Tom Hatch
CityAttorney SoniaRCarvalho
City Council 20 2/20/2024
POSTING STATEMENT: On February 13, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3 and waive reading of all resolutions and ordinances.

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

2. Minutes from the Special Meeting of January 16, 2024 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2023 to December 31, 2023
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of October 1, 2023 to December 31, 2023.

City Council 21 2/20/2024

POSTING STATEMENT: On February 13, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

City Council 22 2/20/2024
City Council 1 8/1/2023
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
August 01, 2023
CLOSED SESSION MEETING – 4:30 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:39 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 L. Hall
City Council 9 – 1 2/20/2024
City Council 2 8/1/2023

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

Councilmembers Bacerra, Penaloza, Vazquez, and Hernandez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Phan joined the meeting during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Attorney Sonia Carvalho asked that an item be added to Closed Session Agenda as correspondence was received after the posting of the agenda on August 1, 2023: Consideration of case Albert Castillo vs. the City Council, the City of Santa Ana. She stated the case is a verified petition for Writ of Mandate and complaint for injunctive relief and to date there is no case number and the City of Santa Ana has not yet been served.

City Attorney Carvalho recommended that Mayor Pro Tem Lopez not participate in the vote to add the item to the agenda nor to participate in the closed session matter.

Mayor Pro Tem Lopez recused herself based on the advice of City Attorney Carvalho and left the dais at 4:43 P.M.

MOTION: Councilmember Hernandez moved to add the closed session item to the Agenda, seconded by Councilmember Vazquez.

The motion failed, 2-3-1-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

STATUS:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
MAYOR PRO TEM LOPEZ (recusal)

COUNCILMEMBER PHAN
2-3-1-1- FAIL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

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

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

MINUTES: Mayor Pro Tem Lopez returned to the dais and Mayor Amezcua recessed to consider the Closed Session items at 4:44 P.M.

City Council 9 – 2 2/20/2024
City Council 3 8/1/2023
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 would prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL –INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One (1) case Consideration of Amicus Support of Petition for Writ of Certiorari by the City of Costa Mesa to the United States Supreme Court for review of the Ninth Circuit Court of Appeals decision in SoCal Recovery, LLC et al. v. City of Costa Mesa, 56 F.4th 802 (9th Cir. 2023)

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1)
TITLES: City Manager, City Attorney, City Clerk
CLOSED SESSION REPORT – The City Attorney would report on any action(s) from Closed Session.

RECONVENE – City Council would reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 7:07 P.M.

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

Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 7:09 P.M. and Mayor Pro Tem Lopez joined the meeting at 7:10 P.M.

City Council 9 – 3 2/20/2024
City Council 4 8/1/2023
PLEDGE OF ALLEGIANCE John Ramirez
WORDS OF INSPIRATION Reverend Frank Wilder, Our Lady of the Pillar Church
ADDITIONS\DELETIONS TO AGENDA
MINUTES: None

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to Everado Navarro for Outstanding Contributions to Public Safety.

MINUTES: Mayor Amezcua presented a certificate of recognition to Everado Navarro and thanked him for his outstanding contribution to public safety related to an incident that occurred on May 19, 2023.

2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Mia Verdin for Outstanding Contributions to the Community.

MINUTES: Mayor Pro Tem Lopez presented a certificate of recognition to Mia Verdin for outstanding contributions to the community.

3. Certificate of Recognition presented by Councilmember Bacerra to Carol Chapman Cox for Outstanding Contributions to the Community.

MINUTES: Councilmember Bacerra presented a certificate of recognition to Carol Chapman Cox for her outstanding contributions to the community and establishing the James and Dorothy Chapman Fund.

4. Proclamation declaring August 2023 as Chicano Heritage Month presented by Councilmember Hernandez to Sarinana’s Tamale Factory.

MINUTES: Councilmember Hernandez proclaimed August 2023 as Chicano Heritage Month and presented a proclamation to Teresa Nieves with Sarinana’s Tamale Factory, the oldest Mexican restaurant in Orange County.

5. Certificate of Recognition presented by Councilmember Vazquez to Jimmy Rumsey for Outstanding Contributions to the Community.

MINUTES: Councilmember Vazquez presented a certificate of recognition to Jimmy Rumsey for his outstanding contributions to the community.

CLOSED SESSION REPORT
MINUTES: City Attorney Sonia Carvalho reported Council supported to file an Amicus Brief for City Council 9 – 4 2/20/2024
City Council 5 8/1/2023
Closed Session Agenda Item No. 1.

Mayor Amezcua reported she has appointed an Ad Hoc Committee comprised of herself and Councilmembers Bacerra and Vazquez to review two Ethics Code complaints filed against Councilmember Hernandez and a Personnel Board member. She explained the Ad Hoc Committee would review and work with the City Attorney to make recommendations to the City Council.

PUBLIC COMMENT – Public comments would be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, except for public hearings. Comments for public hearings would take place after the hearing is opened.

The following speakers addressed Council via teleconference:

1. Felicity Figueroa commented regarding the proposed intoxication detention and service offering policy.

2. Victor Payan thanked the City of Santa Ana for Gerry Serrano’s investigation, urged residents to oppose the recall election, and spoke in support of Councilmember Hernandez’s call to revisit fees for community spaces and centers.

MOTION: Councilmember Hernandez moved to bring Councilmember comments before the end of the meeting. Motion died due to lack of a second.

MINUTES: Councilmember Hernandez spoke regarding a potential violation of the Brown Act. He formally requested special outside legal counsel be appointed to him due to references made about his role as a councilmember related to citywide special events and stated he would like to move forward with an ethics complaint against Mayor Amezcua for a Brown Act violation on April 18, 2023, as he had provided written disclosure to City Attorney Carvalho on April 19, 2023. Councilmember Hernandez expressed concern regarding the lack of response from the District Attorney’s office.

3. Sandra Peña Sarmiento, co-leader of the Pacific Park Neighborhood Association, spoke in support of Agenda Item No. 25.

4. Victor Mendez spoke regarding Agenda Item No. 18. He recommended restructuring for risk management liabilities, and commented on public intoxication and the recall certification petition.

5. Pat Davis thanked the City Council for the option to provide public comment via Zoom.

She expressed concern on increased jail activity due to public intoxication, and spoke regarding Agenda Item No. 24 and in support of Mayor Pro Tem Lopez.

6. Eve Garrow spoke in opposition to the public intoxication and service offering policy.

7. Kimberly Adams expressed concern for the public intoxication and service offering policy.

City Council 9 – 5 2/20/2024
City Council 6 8/1/2023
The following speakers addressed Council in-person:

8. Mary Lara, Director of TKO Boxing Club, spoke regarding the struggle to have their boxing shows due to the associated fees for community spaces and centers.

9. David Duran expressed concern and spoke in opposition to the proposed intoxication detention and service offering policy.

10.John Raya, Founder of the TKO Youth Boxing Club, spoke in support of restructuring the fee schedule for the use of community spaces and centers.

11.Lupe Lopez expressed gratitude for the Proclamation of Chicano Heritage Month and expressed concern regarding being told her Native American regalia is a costume by a commissioner.

12.Rebecca Kovacs-Stein spoke in opposition to the proposed intoxication detention and service offering policy and offered alternatives.

13.Juliana Mushayev spoke in opposition to the proposed intoxication detention and service offering policy.

14.Alan Woo spoke in support of the reconsideration of fees for community spaces and centers.

15.Dan Bastian spoke regarding the Park Plan for 10th and Flower St. and parking in the area for residents being very limited.

16.Karina Bastian shared frustration over police response times in the Willard District.

17.Koroush Karimi expressed concern regarding the proposed intoxication detention and service offering policy.

18.Claudia Morales (translation: Spanish) spoke in opposition and stated that jail time is not the answer to the proposed intoxication detention policy.

19.Maura Mikulec expressed concern regarding the proposed intoxication detention and service offering policy.

20.Lou Noble commented that criminalizing would not help alleviate the homeless problem.

21.Daniel Riley stated the intoxication detention is not a solution.

22.Wei Yu spoke in opposition to the intoxication detention and service offering program.

23.Irma Juaregui thanked Mayor Amezcua and Councilmember Penaloza for their support at Wilshire Square and spoke in support on proposed intoxication detention.

City Council 9 – 6 2/20/2024
City Council 7 8/1/2023

24.Maria Rosa Lopez spoke in opposition to the recall of Mayor Pro Tem Lopez.

25.Jannah spoke in opposition to the intoxication detention.

26.Araceli Robles (translation: Spanish) spoke in opposition to detaining individuals for intoxication.

27.Frida Ramirez spoke regarding the growing homeless population and creating a better solution.

28.Ivan Enriquez spoke in opposition to the recall of Mayor Pro Tem Lopez.

29.Alejandro Gonzalez (translation: Spanish) requested Organization 32 from Mexico be represented in the parade.

30.Javier Reynoso (translation: Spanish) echoed previous comments regarding the parade.

31.Tonatzin Reyes spoke regarding the fees for community spaces and centers.

32.Veronica Gomez commented on reconsidering the fees for community spaces and centers.

33.Jose Luis Ramirez (translation: Spanish) spoke regarding issues related to the procedures for the parade.

34.Jaime Edwards requested to meet with the coordinator of the parade.

City Clerk Jennifer L. Hall reported out the summary of email comments received: sixteen (16) non-agenda comments and three (3) comments regarding Agenda Item No. 25.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 22, and waive reading of all resolutions and ordinances.

MINUTES: At 9:35 P.M. the Consent Calendar was considered.

Councilmember Hernandez requested to comment on Agenda Item No. 10.

Councilmember Vazquez pulled Agenda Item No. 21 for separate discussion and consideration.

CONSENT CALENDAR
City Council 9 – 7 2/20/2024
City Council 8 8/1/2023
MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 6 through 22, with the exception of Item No. 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.

7. Appoint Frida Ramirez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a FullTerm Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Frida Ramirez to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 6 representative and administer the Oath of Office.

MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Frida Ramirez.

8. Receive and File Boards and Commissions Biannual Attendance Report for January through June 2023
Department(s): City Clerk’s Office
Recommended Action: Receive and file Boards and Commissions Biannual Attendance Report

9. Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023 City Council 9 – 8 2/20/2024
City Council 9 8/1/2023

10. Update on Historic Street Sign Toppers Informational Quick Reference (QR) Code Signs.

Department(s): Planning and Building Agency
Recommended Action: Receive and file an update on Historic Street Sign Toppers and informational Quick Reference (QR) code signs.

MINUTES: Councilmember Hernandez thanked staff for their hard work and efforts.

11. Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $200,000 for Asphalt Pothole Repair (Specification No. 18092) (General Fund)
Department(s): Public Works Agency
Recommended Action: Approve an amendment to the Purchase Order Contract with All American Asphalt, for asphalt pothole repair, to increase the compensation amount by $200,000, for a total annual amount not to exceed $1,400,000 for both the current two-year term that ends on November 30, 2023, and the two-year renewal term ending on November 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney.

12. Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the BristolTolliver Street Greening Project (Project No. 246600) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $3,502,500 in Urban Greening Grant Program funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, State Grant-Direct Revenue Account and appropriate the same amount into the Public Works-Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $3,502,500 of funding from the California Natural Resources Agency Urban Greening Grant Program for the Bristol-Tolliver Street Urban Greening Project.

13. Approve Agreement with WSP USA Environment & Infrastructure Inc. for Industrial/Commercial Inspection and National Pollutant Discharge Elimination System (NPDES) Program Support Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with WSP USA Environment & Infrastructure Inc. to provide stormwater related inspections of City Council 9 – 9 2/20/2024
City Council 10 8/1/2023
industrial/commercial establishments and National Pollutant Discharge Elimination System Program Support Services for a three-year term beginning August 1, 2023 and expiring on July 31, 2026, with provisions for one two-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $1,750,000 over the lifetime of the agreement, including the optional two-year extension period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-134).

14. Approve Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to Conduct a Cost of Service Study for the Sanitation Services User Charge, in an Amount Not to Exceed $82,875 (Specification No. 23029) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consultant agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to conduct a cost of service study in an amount not to exceed $82,875, including a contingency of $16,575, for a three-year term beginning on August 1, 2023 and expiring July 31, 2026, with provision for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-135).

15. Approve an Agreement with LOC Architects for Professional Architectural Services for the Santa Ana Zoo Educational Hub and an Amendment to the Fiscal Year 2023 2024 Capital Improvement Project 232601 (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to execute an agreement with LOC Architects for professional architectural services for the Santa Ana Zoo Educational Hub Building project in the amount of $350,120 with a contingency amount of $35,000, for a total amount not to exceed $385,120, for a three-year term beginning August 1, 2023 and expiring July 31, 2026, with an option for one two-year extension, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-136).

2. Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $385,120 of funding for the Santa Ana Zoo Educational Hub project (Project No. 23-2601).

16. Approve Amendment to Agreement with Governmentjobs.com dba NEOGOV to continue Recruitment and Onboarding Services (General Fund) Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with NEOGOV to continue the services of Insight platform, Candidate Text Messaging, and eSkill Integration for a period of July 1, 2023 through June 30, 2024 with City Council 9 – 10 2/20/2024
City Council 11 8/1/2023
the option of one, one (1)-year renewal, for an additional amount of $50,000 over the two years (approximately $25,000 each year), subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-137).

17. Authorize the City to Retain Life, Accidental Death & Dismemberment (AD&D), and Longterm Disability (LTD) Insurance with The Standard Insurance Company, and approve Agreement with REACH Employee Assistance, Inc. for Employee Assistance Program Services Effective January 1, 2024 through December 31, 2026 Department(s): Human Resources
Recommended Action: 1. Authorize the City to retain life, AD&D, and LTD disability group and voluntary life and AD&D insurances through The Standard Insurance Company, subject to annual competitive rate evaluation seeking the best service for the best price and non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute an Agreement with REACH Employee Assistance, Inc. (“REACH”) to continue employee assistance program (“EAP”) services effective January 1, 2024 through December 31, 2026, subject to annual competitive rate evaluation seeking the best service for the best price and non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-138).

18. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA), and Agreement between the City of Santa Ana and Arthur J. Gallagher and Approve Appropriation, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount Not to Exceed $11,625,000 (NonGeneral Fund)
Department(s): Human Resources
Recommended Action:

1. Authorize the City Manager to approve the Agreement between the City of Santa Ana (“City”) and Arthur J. Gallagher, broker of record, from July 1, 2023 to June 30, 2024, for insurance brokerage services, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-140).

2. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $7,500,000 protection of City assets, from July 1, 2023 to June 30, 2024 including but not limited to:
a. Excess Liability Program
b. Excess Workers’ Compensation Program
c. Auto Physical Damage Program
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
g. Associated Programs
City Council 9 – 11 2/20/2024
City Council 12 8/1/2023

3. Authorize the City Manager to approve payment of insurance premiums to Arthur Gallagher, Broker, in an amount not to exceed $3,325,000 for ancillary coverages of City’s assets, from July 1, 2023 to June 30, 2024 including but not limited to:
a. General Liability Buffer Program
b. Workers’ Compensation Buffer Program
c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program
e. Underground Storage Tank and Environmental Program

4. Authorize the City Manager to approve funding to cover FY 2023/24 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter events, and other City-sponsored events as created and held, in an amount not to exceed $300,000.

5. Authorize the City Manager to approve the City’s obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000.

6. Approval of the Appropriation Adjustment would recognize $1,300,000 in Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes)

19.Appropriation Adjustment and Memorandum of Understanding Accepting Fiscal Year (FY) 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program Funds Department(s): Police Department
Recommended Action:

1. Approve an appropriation adjustment recognizing $210,000 in grant revenue from the U.S. Department of Justice Grants and appropriate same to the Office on Violence Against Women Improving Criminal Justice Response expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a Memorandum of Understanding with Human Options, Inc. accepting the FY 2022 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant in the amount of $210,000, for the period of October 1, 2022 through September 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023141).

20.Adopt Resolution Appointing the Executive Director of Finance as Plan Administrator for Employee Savings Plans
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution appointing the Executive Director of Finance as plan administer of the 457(b) Deferred Compensation Plan, the 401(a) Retirement Savings Plan, and the 401(h) Retirement Health Savings Plan.

City Council 9 – 12 2/20/2024
City Council 13 8/1/2023
RESOLUTION NO. 2023049 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTIONS 2011-024 AND 2016-053

AND APPOINTING THE EXECUTIVE DIRECTOR OF THE FINANCE AND

MANAGEMENT SERVICES AGENCY AS THE PLAN ADMINISTRATOR FOR THE CITY’S 457(B), 401(A) AND 401(H) PLANS

21.Adopt a Resolution for the Automated License Plate Reader Policy.

Department(s): Public Works Agency
Recommended Action: Adopt a Resolution for the Automated License Plate Reader Policy.

RESOLUTION NO. 2023050 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA AUTOMATED LICENSE

PLATE READER (ALPR) POLICY FOR CONDUCTING PARKING STUDIES MINUTES: Councilmember Vazquez asked for clarification regarding the vehicle information being stored and saved.

City Manager Kristine Ridge confirmed the application utilized for automated license plate reader would solely be used for statistics and no vehicle information would be kept.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 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

22.Adoption of 2023 Local Guidelines for Implementing the California Environmental Quality Act (“CEQA”)
Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution adopting the 2023 Local Guidelines for Implementing the California Environmental Quality Act for the City of Santa Ana.

City Council 9 – 13 2/20/2024
City Council 14 8/1/2023
RESOLUTION NO. 2023051 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA ADOPTING LOCAL CEQA GUIDELINES FOR IMPLEMENTING

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE SECTIONS 21000 ET SEQ.)
**END OF CONSENT CALENDAR**
MINUTES: At 9:42 P.M. the Business Calendar was considered.

23.Adopt a Resolution and Approve an Agreement Authorizing Police Corporal Joshua Gripentrog to Purchase a Retired Santa Ana Police Department K9, and Accepting the Donation of a Police K9 from Johanna Scillieri for the Santa Ana Police Department K9 Program
Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Corporal Joshua Gripentrog and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment, and supplies from Johanna Scillieri for the Santa Ana Police Department’s K-9 Program.

RESOLUTION NO. 2023052 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE

OFFICER GRIPENTROG AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 AND ACCEPTING THE DONATION OF A POLICE K-9, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM

2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Corporal Joshua Gripentrog for the sale of a retired Police Department K-9 in the amount of $1, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-142).

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, seconded by Mayor Amezcua.

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

AYES:

NOES:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE

BUSINESS CALENDAR
City Council 9 – 14 2/20/2024
City Council 15 8/1/2023

24.Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Either Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer’s Statement or Direct Staff to Prepare Resolutions Calling a Special Election and Adopting a Regulation for Officer’s Statement for Consideration at the August 15, 2023 City Council Meeting Department(s): City Clerk’s Office
Recommended Action:

1. Approve resolution accepting the certification of the Orange County Registrar of Voters as to the verification of signatures and the City Clerk’s Certificate of Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council, Ward 3; RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO

VERIFICATION OF SIGNATURES ON PETITION AND CERTIFICATE OF

SUFFICIENCY FOR PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ Following acceptance of the certification, take one of the following actions:

2. Approve two resolutions:
1) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election;
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF

THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L W A R D 3 ON TUESDAY, , 2023 FOR SUBMISSION

OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS AND

REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE TO CONDUCT SAID ELECTION; and
2) Adopting a regulation for officer’s statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER

WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT

SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY , 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF ABSTAIN:

ABSENT:

NONE
NONE
Status: 7 – 0 – Pass
City Council 9 – 15 2/20/2024
City Council 16 8/1/2023
INCLUSION OF THE OFFICER’S STATEMENT IN VOTER INFORMATION

GUIDE/PAMPHLET AND/OR ELECTRONIC COPY
OR

3. Direct staff to prepare a resolution for approval at the August 15, 2023 Council meeting, submitting the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana at a special election, and a resolution adopting a regulation for officer’s statement.

MINUTES: Mayor Pro Tem Lopez recused herself from the item and left the dais at 9:49 P.M.

City Clerk Jennifer L. Hall presented the staff report.

Councilmember Vazquez stated he rejected the recall petition certificate based on the petitioners deceiving the citizens of Ward 3.

Councilmember Hernandez stated he rejected the recall petition certificate based on the strategy implemented by Gerry Serrano.

Councilmember Phan spoke regarding the Registrar of Voters’ estimate for the election and multiple potential elections, and stated that the recall money could be used for other resources.

MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to the August 15th City Council Meeting, seconded by Councilmember Phan.

The motion failed, 3-3-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
MAYOR PRO TEM LOPEZ (recusal)
NONE
Status: 3 – 3 – 1 - 0 – FAIL
MINUTES: Councilmember Bacerra asked for clarification on the next steps due to the 3-3 vote and should action not be taken by August 15th deadline.

City Attorney Sonia Carvalho provided clarification.

City Clerk Hall stated that if action is not taken by the City Council to call for an election by August 15, 2023 it would go to the County Register of Voters (ROV), Bob Page, who has five (5) days to set an election date.

City Council 9 – 16 2/20/2024
City Council 17 8/1/2023
MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra.

MINUTES: Councilmember Penaloza asked why the City Council would want to postpone the item to a later date.

Councilmember Phan expressed why she would want to postpone the item.

Mayor Amezcua commented that if no agreement is made by August 15, 2023, the ROV would set the date.

Councilmember Phan asked for clarification regarding associated attorney fees.

City Attorney Carvalho confirmed the City had not been officially served, she could not provide an assessment on the case due to insufficient time to review, and spoke regarding attorney fees. She stated that if the City Council postponed the item, the City Attorney’s Office would be able to provide a clear opinion and analysis.

Councilman Bacerra asked whether the plaintiff would still seek attorney fees if the City Council moved forward or postponed the decision.

City Attorney Carvalho confirmed attorney fees would be recovered by plaintiff.

Discussion ensued regarding postponing or moving forward with the item and City Attorney’s analysis.

Councilmember Bacerra asked City Clerk Hall when she approved the petition signature gathering, when the proponents submitted the required signatures, and when the City Clerk’s Office submitted to the ROV.

City Clerk Hall stated she approved the petition for signature gathering on April 7, 2023, accepted the required signatures by the proponents on June 12, 2023, and submitted the signatures to the ROV on June 13, 2023.

Discussion ensued regarding the continuance of the item to August 15, 2023.

MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 and 2 and set the recall election on November 7, 2023, seconded by Councilmember Bacerra.

City Council 9 – 17 2/20/2024
City Council 18 8/1/2023
The motion failed, 3-3-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ
MAYOR PRO TEM LOPEZ (recusal)
NONE
Status: 3 – 3 – 1 - 0 – FAIL
MINUTES: City Clerk Hall stated she would ministerially return the item for consideration on August 15th.

MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza.

SUBSTITUTE MOTION: Councilmember Hernandez moved to continue Agenda Item No. 24 to August 15, 2023, seconded by Councilmember Vazquez.

The substitute motion failed, 3-3-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
MAYOR PRO TEM LOPEZ (recusal)
NONE
Status: 3 – 3 – 1 - 0 – FAIL
MOTION: Councilmember Bacerra moved to approve Recommended Action No. 1, seconded by Councilmember Penaloza.

The motion failed, 3-3-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ
MAYOR PRO TEM LOPEZ (recusal)
NONE
Status: 3 – 3 – 1 - 0 – FAIL
MINUTES: Councilmember Phan stated that the certificate of sufficiency is the issue raised in the lawsuit, which is why she voted no.

Mayor Pro Tem Lopez returned to the dais at 10:25 P.M.

City Council 9 – 18 2/20/2024
City Council 19 8/1/2023
**END OF BUSINESS CALENDAR**

COUNCILMEMBER REQUESTED ITEMS

25.Discuss and Consider Directing the City Manager to Reconsider Fees for Registering Events and Reserving Facilities to Create a CommunityFriendly Atmosphere – Councilmember Hernandez
MINUTES: Councilmember Hernandez thanked public speakers who participated in the public comments and proposed to decrease fees for Neighborhood Association events.

Councilmember Phan spoke in opposition to Councilmember Hernandez’s proposition.

Councilmember Vazquez spoke in support of the item in question.

Mayor Pro Tem Lopez spoke in support of the item.

Councilmember Penaloza spoke in opposition to reconsidering fees for community facilities.

Councilmember Bacerra stated he would not be supporting the item.

Mayor Amezcua closed the discussion by recalling the City Manager’s comment that there is no money in the budget and stated she would not be supporting the item due to insufficient funds.

City Manager Kristine Ridge stated there is no majority support for the item to be returned.

26.Discuss and Consider Directing the City Manager to Return for City Council’s Consideration a Resolution in Support of AB1306 to Harmonize State Policy with BroadlySupported, Existing CriminalJustice Reforms – Councilmember Vazquez MINUTES: Councilmember Vazquez spoke regarding AB1306 and requested Council’s support.

Councilmember Hernandez and Councilmember Phan voiced support on the item.

Councilmember Penaloza asked Councilmember Vazquez for clarification and example(s) where the resolution would apply.

Councilmember Vazquez provided examples to justify the item.

Councilmember Penaloza stated he would not support the item.

Mayor Pro Tem Lopez expressed support of the item.

City Council 9 – 19 2/20/2024
City Council 20 8/1/2023
Councilmember Bacerra commented and voiced that he would not support the item.

Mayor Pro Tem Lopez provided comments to clarify the basis of the resolution.

Mayor Amezcua provided comment and asked City Manager Kristine Ridge for more information regarding AB1306 and the impact for the City.

Councilmember Vazquez provided clarification on the resolution to support AB1306.

City Attorney Sonia Carvalho stated that the requested items are intended for simple answers to be considered for future agendas and are not intended for a full debate.

Mayor Amezcua thanked City Attorney Carvalho for the clarification and requested the City Manager bring back the item for discussion with more information.

City Manager Kristine Ridge stated she had majority support to return with a resolution.

Mayor Amezcua expressed she was not in support of the item due to the lack of information.

MINUTES: Mayor Amezcua recessed the City Council Meeting to consider the Housing Authority agenda at 11:12 P.M. and reconvened at 11:14 P.M.

CITY MANAGER COMMENTS
MINUTES: None

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

MINUTES: Councilmember Bacerra provided a reminder regarding his monthly community office hours on Saturday August 5th at 10:00 A.M. at Carl Thornton Park.

Councilmember Phan expressed excitement on actions regarding an electric trash truck, reported that National Night Out was a fantastic time, and urged responses to the parking survey.

Councilmember Vazquez announced a community clean up, highlighted that President Biden spoke regarding Santa Ana’s Rental Protection Program, and thanked Councilmembers Phan, Hernandez, and Mayor Pro Tem Lopez for the program.

Mayor Pro Tem Lopez announced a creek clean up with OC Habitats on August 11th, stated her office hours at Jack Fisher Park the following day, and thanked the Housing Division staff and City Manager Kristine Ridge regarding rent control for recognition by the White House.

City Council 9 – 20 2/20/2024
City Council 21 8/1/2023
Councilmember Penaloza wished Wilshire Square a Happy 100th birthday and thanked Parks and Recreation staff for the Brew at the Zoo event.

Mayor Amezcua asked City Manager Kristine Ridge to use the billboard for public relations, spoke regarding the fundraiser event for Justice for Victoria at Chapter One, and announced that on July 18th the City Council approved a Sister City agreement with the City of Sahuayo Michoacan.

ADJOURNMENT
MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:28 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 21 2/20/2024
City Council 08/15/2023 1
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
August 15, 2023
CLOSED SESSION MEETING – 4:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:08 P.M.

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

Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Attorney Sonia Carvalho asked that an item be added to the Closed Session Agenda regarding a syringe program, noting that the City had received notice after the agenda was posted and there was an immediate need to take action.

MOTION: Mayor Amezcua moved to add a closed session item related to the syringe program to the agenda, seconded by Councilmember Bacerra.

The motion carried, 5-0-0-2, by the following roll call vote item:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ
5-0-0-2- PASS
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda 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 4:10 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of the Government Code:

A. Albert Castillo v. City Council of the City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023-01339759-CU-WM-CJC
City Council 9 – 23 2/20/2024
City Council 08/15/2023 3
MINUTES: Mayor Pro Tem Lopez recused herself from the discussion of Closed Session Item No. 1A, left the room at 4:31 P.M., and returned to the room at 4:39 P.M. upon conclusion of the item’s consideration.

B. Micah’s Way v. City of Santa Ana, et al., United States District Court, Case No. 8:23-CV-00183-DOC-KES

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1)
TITLES: City Manager, City Attorney, City Clerk

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a)
Agency Designated Representative: Jason Motsick, Human Resources Executive Director Unrepresented Employees: City Manager, City Attorney, City Clerk

4. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code: One (1) case.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:34 P.M.

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 Volunteer Audience Member
WORDS OF INSPIRATION Rupert Vega, Police Chaplain
ADDITIONS\DELETIONS TO AGENDA
MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re-noticed and heard at a later date.

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to Alexis Rodriguez Mejia for Academic Excellence/Accomplishments.

MINUTES: Mayor Amezcua presented a certificate of recognition to Alexis Rodriguez Mejia for his Academic Excellence and Accomplishments.

2. Certificate of Recognition presented by Councilmember Hernandez to the late BBoy Abu for Outstanding Contributions to the Community.

MINUTES: Councilmember Hernandez presented a certificate of recognition for outstanding contributions to the community to Aaron Mostel on behalf of the late Alex Ponce, aka B-Boy Abu.

3. Proclamation presented by Councilmember Vazquez declaring August 28 – September 1, 2023 as National Community Health Workers Awareness Week.

MINUTES: Councilmember Vazquez proclaimed August 28 to September 1, 2023 as National Community Health Workers Awareness Week and presented a proclamation to Josefina Jimenez, Maria Melan, and Ana Lydia.

STAFF PRESENTATIONS

4. Permit Parking Program Update
MINUTES: Public Works Director Nabil Saba gave a presentation regarding the Permit Parking Program Update.

City Council 9 – 25 2/20/2024
City Council 08/15/2023 5

CLOSED SESSION REPORT
MINUTES: City Attorney Sonia Carvalho announced that an item was added to the closed session involving the California Department of Public Health’s approval for a syringe/needle exchange delivery program, and reported that City Council authorized a challenge to the approval.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES: The following speakers addressed Council via teleconference:

1. Daisy Ramirez spoke in opposition to Agenda Item No. 14.

2. Kara Sandoval expressed concern and spoke in opposition to Agenda Item No. 14.

3. Sonia Hernandez spoke in support of Agenda Item No. 14.

4. Eve Garrow urged rejection for Agenda Item No. 14.

5. Pat Davis expressed concern regarding Agenda Item No. 14.

6. Lou Noble spoke regarding Agenda Item No. 14.

7. Martha Molina thanked Mayor Amezcua regarding the needle exchange program, and spoke in support of Agenda Item No. 14.

8. Victor Payan invited the public to attend their Free Smart Walk South Main Arts Retail and Technology Resource Fair, spoke in support of revisiting fees for community centers, and spoke in opposition to Agenda Item No. 27.

The following speakers addressed Council in-person:

9. Angela Capoccia spoke in support of permit parking.

10.Alan Cottle expressed concern regarding permit parking and the risk for children when parking cars on a street.

11.Adam Zylstra spoke in support of permit parking and asked for support from Code Enforcement.

12.Brad Day spoke in opposition to permit parking and stated it is unsafe.

13.Janella Simpson spoke regarding Agenda Item No. 13.

14.Josey Tenorio commented on violence and murders against women and spoke in opposition to Agenda Item No. 14.

City Council 9 – 26 2/20/2024
City Council 08/15/2023 6

15.James Rocha questioned why the art show at the Chicano Heritage Festival was cancelled.

16.Abram Moya Jr. echoed previous comments.

17.Tonatzin Reyes spoke in opposition to the cancellation of the art show.

18.Dale Helvig spoke in support of Agenda Item No. 14, spoke in opposition to the needle exchange program, and asked for support for the residents of Maui.

19.Uma Upasani spoke in opposition to Agenda Item No. 14.

20.David Ball asked for the cancelled art show to resume and expressed support for Agenda Item No. 14.

21.Kimberly Adams expressed concern regarding Agenda Item No. 14.

22.Danny Vega commented on the homelessness issue and affordable housing.

23.Maura Mikulec commented on Agenda Item No. 14 and the limited options for homeless individuals.

24.David Duran spoke in opposition to Agenda Item No. 14.

25.Brian Mendoza commented on the benefits of housing and spoke in opposition to Agenda Item No. 14.

26.Adam Overton spoke in opposition to Agenda Item No. 14.

27.Irma Juaregui expressed support for Agenda Item No. 14.

28.John Ramirez echoed previous comments and disagreed with the syringe distribution program.

29.Daniel Riley spoke in opposition to Agenda Item No. 14.

30.Frida Ramirez spoke in support of Agenda Item No. 14.

31.Claudio Bornancini echoed previous comments.

32.Bertha Carrillo asked for solutions on homelessness.

33.Victor Mendez commented on Agenda Item No. 14.

34.Juliana Musheyev spoke in opposition to Agenda Item No. 14.

City Council 9 – 27 2/20/2024
City Council 08/15/2023 7

35.Nellie Le Gaspe expressed concern regarding a resident of Garden Grove slandering her at City Council meetings.

36.Iveen Roubedeaux expressed concern regarding the resident of Garden Grove slandering Nellie.

City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) comments regarding Agenda Item No. 4, two (2) comments on Agenda Item No. 12, 134 comments related to Agenda Item No. 14, one (1) comment on Agenda Item No. 15, two (2) comments on Agenda Item No. 27, 24 comments on Agenda Item No. 29, and ten (10) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 26 and waive reading of all resolutions and ordinances.

MINUTES: At 9:04 P.M., the Consent Calendar was considered.

Councilmember Hernandez moved the calendar and pulled Agenda Item No. 14 for separate discussion and consideration.

Councilmember Bacerra pulled Agenda Item Nos. 12 and 14 for separate discussion and consideration.

Councilmember Phan recused herself from Agenda Items Nos. 9 and 22 as the listed entities are clients of her employer, Rutan & Tucker.

Councilmember Vazquez pulled Agenda Item No. 14 for separate discussion and consideration.

Councilmember Penaloza pulled Agenda Item Nos. 9, 16, and 26 for separate discussion and consideration.

Mayor Pro Tem Lopez pulled Agenda Item No. 9 for separate discussion and consideration.

Mayor Amezcua requested to comment on Agenda Item No. 15.

MOTION: Councilmember Hernandez moved to approve the Consent Calendar with the exceptions of Agenda Items No. 9, 12, 14, 16, and 26, seconded by Councilmember Bacerra.

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

CONSENT CALENDAR
City Council 9 – 28 2/20/2024
City Council 08/15/2023 8
AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
7-0 – Pass

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

6. Appoint Maria Baeza Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Environmental and Transportation Advisory Commission for a PartialTerm Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Maria Baeza to the Environmental and Transportation Advisory Commission as the Ward 3 representative and administer the Oath of Office.

MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Maria Baeza.

7. (Re)appoint Members to the Workforce Development Board for a FourYear Term Department(s): Community Development Agency
Recommended Action: 1. Reappoint Ignacio Alegre, Gail Araujo, Annebelle Nery, Enrique Perez, Johanna Rivera, Bob Tucker, and Dennis Varnum to the Santa Ana Workforce Development Board for a four-year term expiring May 31, 2027.

2. Appoint Veronica Hernandez (replacing Magdalena Fernandez) for a partial four-year term expiring May 31, 2026.

3. Appoint Rhonda Miller (replacing Stacey Sanchez) for a partial four-year term expiring May 31, 2026.

8. Authorize Staff to Provide a Letter of Interest to CalOptima Health to Have the City of Santa Ana be Considered as a Future Expansion City for its Street Medicine Program Department(s): Community Development Agency
Recommended Action: Authorize staff to provide a Letter of Interest to CalOptima Health to launch a Street Medicine Program in the City of Santa Ana that will provide health and social care developed specifically to address the complex needs and circumstances of unhoused, unsheltered individuals in the City of Santa Ana.

City Council 9 – 29 2/20/2024
City Council 08/15/2023 9

9. Approve a Modification to the Fiscal Year 202324 Annual Action Plan and Budget for the Emergency Solutions Grant Program
Department(s): Community Development Agency
Recommended Action: 1. Approve a modification to the Fiscal Year 2023-24 Annual Action Plan and Budget for the Emergency Solutions Grant Program.

2. Direct the City Attorney to finalize and authorize the City Manager to execute a subrecipient agreement with Illumination Foundation, in the amount of $100,000, for a term beginning August 15, 2023 – June 30, 2024, for rapid rehousing and homeless prevention activities, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023145).

MINUTES: Councilmember Phan recused herself from Agenda Item No. 9 as the listed entity is a client of her employer, Rutan & Tucker, and left the dais at 9:08 P.M.

Councilmember Penaloza expressed support of the item and asked City Manager Ridge and City Attorney Sonia Carvalho to revise the language to include various forms of public transit to be included in the use of funds.

Councilmember Hernandez expressed support for the item.

Mayor Pro Tem Lopez asked City Manager Ridge for clarification on the language within the agreement regarding legal services.

Community Development Executive Director Mike Garcia called upon Jordan from Illumination Foundation for further explanation.

Jordan Hoiberg, Illumination Foundation, provided clarification regarding legal services.

Mayor Pro Tem Lopez thanked Jordan for the clarification and requested a quarterly report be compiled to include information as to how many people are assisted and the associated cost.

Mayor Amezcua added and asked to arrange that no children are sheltered, and that they be relocated to motels or forever homes.

City Manager Kristine Ridge assured Mayor Amezcua that her request would be accommodated.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 9, as amended to include public transit and quarterly reports, seconded by Councilmember Hernandez.

The motion carried, 6-0-1, by the following roll call vote:

City Council 9 – 30 2/20/2024
City Council 08/15/2023 10
AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
6-0-1– Pass
MINUTES: Councilmember Phan returned to the dais at 9:17 P.M.

10. Approve Appropriation Adjustment to Program Year 202324 Budget for the National Dislocated Worker Grant and Workforce Innovation and Opportunity Act Programs Department(s): Community Development Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing additional National Dislocated Worker Grant, Employment Recovery funds from the State of California, Employment Development Department to provide re-employment and training services to individuals impacted by COVID-19 in the amount of $360,000 in revenue account (no. 12318002-52009) and appropriating same to expenditure account (no. 12318762-6xxxx) (Requires five affirmative votes).

2. Approve an appropriation adjustment recognizing $2,884 in additional Dislocated Worker Title Workforce Innovation and Opportunity Act funds from Program Year 2022-23 in revenue account (no. 12318002-52001) and appropriating same to expenditure accounts (no. 12318752-61000 and 12318754-69138) for Program Year 2023-24 (Requires five affirmative votes).

11. Agreement with the State of California Workforce Development Board for the Prison to Employment (P2E) 2.0 Grant
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager or designee to execute an agreement with the State of California Workforce Development Board (M90462- 7120) for the Prison to Employment 2.0 Grant, for a term from August 16, 2023 through December 31, 2025, in an amount not to exceed $927,341.16, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A2023146).

12. Authorize a Purchase and Sale Agreement in the Amount of $3,826,000 for Full Real Property Acquisition for 28 Civic Center Plaza (Property Owner: State of California) (NonGeneral Fund)
Department(s): Community Development Agency
City Council 9 – 31 2/20/2024
City Council 08/15/2023 11
Recommended Action: Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 28 Civic Center Plaza (APN: 008-067-36), in the amount of $3,826,000 plus closing costs and escrow fees, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023147).

MINUTES: Councilmember Penaloza expressed support for the item and stated, for the record, that the future Civic Center will include State and Federal Government offices alongside the City and County buildings.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 12, seconded by Mayor Amezcua.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR

AMEZCUA
NONE
NONE
7-0 – Pass

13. Receive and File the Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City’s Response to the Findings and Recommendations to the Presiding Judge of the Superior Court Department(s): Planning and Building Agency
Recommended Action: Receive and File the Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Group Homes and the Orange County Animal Care Shelter and Authorize the City Manager to Deliver the City’s Response to the Findings and Recommendations to the Presiding Judge of the Superior Court.

14. Public Intoxication and Substance Abuse Enforcement Informational Report Department(s): Police Department
Recommended Action: Receive and file.

MINUTES: City Manager Kristine Ridge explained that the Public Intoxication and Substance Abuse Enforcement received majority vote for implementation two (2) City Council meetings prior, and this item was solely a receive and file.

Councilmember Vazquez stated the City of Santa Ana should not be the bearer to solve the issue and called for a creation of an Unhoused Committee.

City Council 9 – 32 2/20/2024
City Council 08/15/2023 12
Councilmember Hernandez spoke in opposition to police involvement with homelessness.

Councilmember Phan spoke in support of the item.

Mayor Pro Tem Lopez expressed support for Chief Valentin and stated the plan was implemented as a result of resident pleas.

Councilmember Penaloza clarified that the Public Intoxication and Substance Abuse Enforcement is not to target homeless and spoke in support of the item.

Councilmember Bacerra asked when residents should see the policy in effect.

Police Chief David Valentin stated the policy is in full effect and quarterly reports would be provided.

Councilmember Penaloza thanked Chief Valentin and his team for being proactive at the Santa Ana hot spots.

Councilmember Vazquez thanked Chief Valentin and requested the list of priorities for the Police Department to review where the Public Intoxication and Substance Abuse Enforcement would be on that list.

Discussion ensued regarding medical care within jail facilities.

Mayor Amezcua requested monthly reports.

No formal action taken.

15. Street Naming No. 202301 to Change the Name of a Segment of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, Adjacent to the Santa Ana Zoo, to South Zoo Lane
Department(s): Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission’s adoption of a resolution approving Street Naming No. 2023-01 to change the name of segments of North Mabury Street and South Elk Lane between East Fourth Street and East Chestnut Avenue, adjacent to the Santa Ana Zoo, to South Zoo Lane.

MINUTES: Mayor Amezcua called upon Director of Parks and Recreation Scott.

Director of Parks and Recreation Hawk Scott provided a brief history, and presented the new street sign of Zoo Lane.

City Council 9 – 33 2/20/2024
City Council 08/15/2023 13

16. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023
Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023.

2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes)

3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes)
MINUTES: Councilmember Penaloza spoke in opposition to the item, due to an elected official’s involvement.

Councilmembers Hernandez and Vazquez expressed their support for the item and extended their gratitude to the elected officials for their donations to the Chicano Heritage Festival.

Councilmember Phan expressed her support for those willing to work with the City of Santa Ana to donate to the Chicano Heritage Festival.

Councilmembers Vazquez and Hernandez spoke regarding the political aspect of the event.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez.

SUBSTITUTE MOTION: Councilmember Phan moved to approve the recommended action for Item No. 16, with the direction to staff to review the policy related to elected officials and candidates as potential sponsors, seconded by Councilmember Hernandez.

The substitute motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE

MAYOR PRO TEM LOPEZ
3-3-0-1– FAIL
City Council 9 – 34 2/20/2024
City Council 08/15/2023 14
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Councilmember Vazquez.

The motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE

MAYOR PRO TEM LOPEZ
3-3-0-1– FAIL
(See page No. 22 for the reconsideration of Agenda Item No. 16.)

17. Approve an Appropriation Adjustment to Receive Sponsorship Funds from, and Enter into Sponsorship Agreement with, Laborers’ International Union Local #652 for the Chicano Heritage Festival 2023
Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Approve an appropriation adjustment to recognize a total amount of $7,000 in Sponsorship Funds from Laborers’ International Union Local #652. (Requires five affirmative votes)

2. Authorize the City Manager to execute a Sponsorship Agreement with Laborers’ International Union Local #652, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023148).

18. Receive and file Quarterly Report of Contracts authorized by the City Manager as permitted by Charter Section 421.

Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2023 to June 30, 2023.

19. Amend Aggregate Blanket Order Contracts for Office Furniture, Installation, and Related Services with GM Business Interiors, People Space, Inc., Pivot Interiors, Inc., Quality Office Furnishing, Inc., CulverNewlin, Inc., and Yamada Enterprises, and include National Business Furniture to the list of approved vendors on contract, for a new nottoExceed Aggregate Amount of $10,507,548. (Specification No. 19114, 23 080, 23081, 23082, 23092) (General and NonGeneral Fund) Department(s): Finance and Management Services
City Council 9 – 35 2/20/2024
City Council 08/15/2023 15
Recommended Action:

1. Authorize the City Manager to execute an amendment to increase the aggregate contract authority by $4,480,000 for various citywide furniture projects, for a new aggregate not to exceed amount of $10,507,548.

2. Authorize the City Manager to include National Business Furniture in the list of approved vendors on the aggregate contracts listed below, with a term expiring on May 31, 2026, with provisions for one additional renewal option, subject to non- substantive changes approved by the City Manager and City Attorney.

Vendor Location
Culver-Newlin Corona, CA
GM Business Interiors Riverside, CA
National Business Furniture Milwaukee, WI
People Space Irvine, CA
Pivot Interiors Costa Mesa, CA
Quality Office Furnishings, Inc. Yorba Linda, CA
Yamada Enterprises Huntington Beach, CA

20. Historic Property Preservation Agreement
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the Mills Act agreement with the below-referenced property owners for the identified structure(s), subject to non-substantive changes approved by the City Manager and City Attorney.

Property
Owner(s)
Historic
Property
Preservation
Agreement
No.

Address/House Vote by HRC
Daniel and Diana
Vogel
(Agreement No.

No. A-2023149)
2023-06 621 North
Spurgeon Street
5:0:0:3
(Jauregui,
Shipp, and
Cornelius
Absent)

21. Approve an Appropriation Adjustment for the Santiago Park Trail and Habitat Restoration Project (Project No. 246601) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Approve an appropriation adjustment to recognize the State Coastal Conservancy grant revenue of $400,000 into the Public Works Agency (PWA) Parks Capital Grants, State Grant-Direct Revenue Account and appropriate the same amount into the SA River Conservancy Program, Improvements Other Than Buildings. (Requires five affirmative votes)
City Council 9 – 36 2/20/2024
City Council 08/15/2023 16

22. Award Aggregate Blanket Order Contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services in a NottoExceed Aggregate Amount of $2,000,000 (Specification No. 23063) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate blanket order contracts to ADT, LLC, Siemens Industry, Inc., and VFS Fire & Security Services for fire alarm and sprinkler systems inspection, repair, and maintenance services on an as needed basis, in an annual amount not to exceed $400,000, with a total aggregate amount not to exceed $2,000,000 for an initial one-year term beginning September 1, 2023 and expiring August 31, 2024, with provisions for four, one-year renewal options, subject to non- substantive changes approved by the City Manager and City Attorney.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Councilmember Bacerra.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
6-0-1– PASS

23. Approve an Agreement with ELS Architecture and Urban Design for Architectural Design Services of the Memorial Park and Aquatics Facility Renovation (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consultant agreement with ELS Architecture and Urban Design to provide master planning, contract documents, and construction support for the Memorial Park and Aquatics Facility Renovation in the amount of $1,547,104, with a contingency of $232,066, for a total amount not to exceed $1,779,170, for a three-year term beginning August 15, 2023 and expiring August 14, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023150).

City Council 9 – 37 2/20/2024
City Council 08/15/2023 17

24. Approve Agreement Amendments with OnCall Stormwater Project Design Consultants
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreements with Tetra Tech, Inc., CWE, and Stantec Consulting Services, Inc. to increase the total expenditure amount for the remaining term of the agreement ending October 19, 2023, and for the optional two-year extension period through October 19, 2025, by an aggregate amount of $2,000,000, for a total amount not-to-exceed $4,000,000, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. A-2023151).

25. Approve an Amendment to the Agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to Extend the Agreement Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to approve the second amendment to agreement with T.R. Holliman and Associates, Inc. for the Preparation of Recycled Water Master Plan to extend the agreement term by one year, for a term beginning August 19, 2023 and ending on August 18, 2024, with no supplementary expenses to the executed amount of $442,418, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023152).

1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and
RESOLUTION NO. 2023053 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY

MANAGER BASED ON EMPLOYEE PERFORMANCE

2. Take formal action by majority vote of the City Council to not extend the City Manager’s Employment Agreement for one additional year.

MINUTES: Councilmember Penaloza thanked City Manager Ridge for her five years of service to the City of Santa Ana.

City Council 9 – 38 2/20/2024
City Council 08/15/2023 18
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 and amend the salary increase to 5 percent (5%), seconded by Councilmember Vazquez.

MINUTES: Councilmember Vazquez thanked City Manager Ridge for her hard work and dedication and spoke in support of Councilmember Penaloza’ s motion.

Councilmember Phan thanked City Manager Ridge for her service and leadership.

AMENDED MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26, as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager’s contract by one additional year, seconded by Councilmember Vazquez.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA
NONE
NONE

MAYOR PRO TEM LOPEZ
6-0-1– PASS
(See page no. 23 for the reconsideration of Agenda Item No. 26.) **END OF CONSENT CALENDAR**
MINUTES: At 10:34 P.M., the Business Calendar was considered.

27. Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez, City Council, Ward 3, and Adopt Resolutions Calling a Special Election and Adopting a Regulation for Officer’s Statement
Department(s): City Clerk’s Office
Recommended Action:

BUSINESS CALENDAR
City Council 9 – 39 2/20/2024
City Council 08/15/2023 19
RESOLUTION NO. 2023054 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ACCEPTING THE CERTIFICATE AS TO VERIFICATION

OF SIGNATURES ON PETITION AND CERTIFICATE OF SUFFICIENCY FOR

PETITION TO RECALL COUNCILMEMBER JESSIE LOPEZ

2. Approve two resolutions:

1.) Calling and giving notice of a Special Municipal Election for the submission of the question of the recall of Councilmember Jessie Lopez to a vote by the electorate of Ward 3 of the City of Santa Ana and requesting specified services from the County of Orange to conduct said election, and
RESOLUTION NO. 2023055 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF

THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N C O U N C I L W A R D 3 ON TUESDAY, NOVEMBER 14, 2023 FOR

SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS

AND REQUESTING SPECIFIED SERVICES FROM THE COUNTY OF ORANGE

TO CONDUCT SAID ELECTION

2.) Adopting a regulation for officer’s statement and establishing a system for payment of the cost of inclusion of the statement in the voter information guide.

RESOLUTION NO. 2023056 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ADOPTING A REGULATION FOR AN OFFICER

WHOSE RECALL IS BEING SOUGHT PERTAINING TO A STATEMENT

SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION ON TUESDAY NOVEMBER 14, 2023 AND ESTABLISHING A SYSTEM FOR PAYMENT OF THE COST OF INCLUSION OF THE OFFICER’S STATEMENT IN VOTER

INFORMATION GUIDE/PAMPHLET AND/OR ELECTRONIC COPY
MINUTES: Mayor Pro Tem Lopez recused herself from Agenda Item No. 27 and left the dais.

City Clerk Jennifer L. Hall presented the staff report.

Councilmember Vazquez spoke in opposition to the Special Municipal Election Recall and provided various comments regarding misinformation being provided to the public.

MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 27 and set the Special Municipal Recall Election date of Tuesday November 14, 2023, seconded by Councilmember Hernandez.

Councilmember Hernandez provided various comments and spoke in opposition to the Special Municipal Recall Election.

City Council 9 – 40 2/20/2024
City Council 08/15/2023 20
Councilmember Phan spoke regarding the funds expended on the special election and stated that the funds would be better-utilized providing services to residents.

Councilmember Bacerra spoke on the narrative used to describe the Police Department and spoke in support of setting an election date.

Mayor Amezcua spoke regarding her previous candidate endorsements and spoke in support of the proposed Tuesday November 14, 2023 election date.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT
Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM LOPEZ (recusal)
NONE
6-0-1– PASS
**END OF BUSINESS CALENDAR**

PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

28.Public Hearing: Adopt a Resolution Rescinding Water Supply Shortage Level Two Declaration
Legal notice published in the OC Reporter on August 4, 2023.

Department(s): Public Works Agency
Recommended Action: Adopt a resolution rescinding the current Water Supply Shortage Level Two declaration.

RESOLUTION NO. 2023057 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY’S DROUGHT WATER CONSERVATION STANDARD FROM A WATER SHORTAGE LEVEL 2 TO A WATER SHORTAGE LEVEL

0. MINUTES: Mayor Amezcua open the Public Hearing at 10:50 P.M.

There being no speakers, Mayor Amezcua closed the Public Hearing at 10:51 P.M.

Mayor Pro Tem Lopez returned to the dais at 10:52 P.M.

City Council 9 – 41 2/20/2024
City Council 08/15/2023 21
MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 28, seconded by Mayor Amezcua.

The motion carried, 6-0-1, by the following roll call vote:

AYES
NOES

ABSTAIN
ABSENT
STATUS

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER BACERRA
6-0-1 – Pass

29. CANCELLED – Public Hearing – Adopt a Resolution Vacating the Portion of Public RightofWay Adjacent to 2383 North Flower Street, Abandonment 2301.

Legal Notice published in the Orange County Reporter on August 2 and 9, 2023. Notice of Cancellation posted on August 8, 2023 and published in Orange County Reporter on August 11, 2023.

Department(s): Public Works Agency
Recommended Action: This public hearing will be re-noticed and heard at a later date.

No public testimony will be heard on August 15, 2023.

MINUTES: City Clerk Jennifer L. Hall stated that Public Hearing Item No. 29 was cancelled and would be re-noticed and heard at a later date.

CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge announced that volunteers are needed for the annual coastal clean-up event, the Public Works Agency was awarded $7,000,000 for the Santa Ana Boulevard restoration project, and applications are being accepted for the Environmental Justice Committee, and commented on the upcoming Chicano Heritage Festival and Zoofari Fundraiser.

MINUTES: Councilmember Vazquez spoke regarding the first day of the new school year, the lack of crossing guards, and safe street crossing.

Councilmember Hernandez thanked the community for their participation and requested the Chicano Art Show be brought back to the Chicano Heritage Festival. He spoke regarding a potential Brown Act violation, provided a brief comment on a personal matter, and requested privacy for himself and his family.

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City Council 08/15/2023 22
Councilmember Phan announced various upcoming community events: the Housing Authority Forum on August 19, 2023, the Village Santa Ana Sunshine meeting on August 23, 2023, and the Com-link meeting on August 31, 2023.

Councilmember Penaloza thanked the residents who spoke in support of Agenda Item No.

14. At 11:02 P.M. Mayor Pro Tem Lopez requested Agenda Item Nos. 16 and 26 be reconsidered.

Mayor Amezcua permitted the re-discussion and consideration of Agenda Item 16.

AGENDA ITEM NOS. 16 & 26 WERE RECONSIDERED

1. Receive and File Informational Report Regarding Partnership Agreements with the Office of Congressman Lou Correa and the Office of Supervisor Vicente Sarmiento for Chicano Heritage Festival 2023.

2. Approve an appropriation adjustment to recognize a total financial donation in the amount of $5,000 from the Office of Congressman Lou Correa. (Requires five affirmative votes)

3. Approve an appropriation adjustment to recognize a total financial donation in the amount of $10,000 from the Office of Supervisor Vicente Sarmiento. (Requires five affirmative votes)
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tem Lopez.

SUBSTITUTE MOTION: Councilmember Phan moved to approve, as amended, to approve staff recommendations and direct staff to bring the policy back for future discussion regarding elected officials or candidate endorsements, seconded by Mayor Amezcua.

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City Council 08/15/2023 23
The substitute motion failed, 3-4, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN

COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER,

COUNCILMEMBER PENALOZA, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
NONE
3-4– FAIL (requires five affirmative votes)
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 16, seconded by Mayor Pro Tem Lopez.

The motion failed, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE
NONE
4-3 – Fail (requires five affirmative votes)

26.City Manager Evaluation and Adopt a Resolution to Reflect Positive Performance Evaluation Conducted on August 1, 2023 and Approving an Amended Annual Salary for the City Manager, and Take Formal Action by Majority Vote of the City Council to Not Extend the City Manager’s Employment Agreement for One Additional Year Department(s): Human Resources
Recommended Action: 1. Adopt a resolution affirming positive evaluation results and approving an adjusted annual salary for the City Manager, and RESOLUTION NO. 2023053 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING A SALARY ADJUSTMENT FOR THE CITY

MANAGER BASED ON EMPLOYEE PERFORMANCE

2. Take formal action by majority vote of the City Council to not extend the City Manager’s Employment Agreement for one additional year.

MINUTES: At 11:04 P.M., Agenda Item No.26 was reconsidered.

MOTION: Councilmember Phan moved to reconsider Agenda Item No. 26, seconded by Councilmember Hernandez.

The motion carried, 6 -1, by the following roll call vote:

City Council 9 – 44 2/20/2024
City Council 08/15/2023 24
AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA

COUNCILMEMBER PENALOZA
NONE
NONE
6-1 – Pass
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 26 as amended to include a five percent (5%) increase retroactively to July 1, 2022 and not extend the City Manager’s contract by one additional year, seconded by Councilmember Vazquez.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Status:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
7-0 – Pass
COUNCILMEMBER COMMENTS CONTINUED:

MINUTES: Mayor Pro Tem Lopez expressed disappointment regarding Agenda Item No.16 and wished staff luck in securing additional funding for the Chicano Heritage Festival. She spoke regarding falsehoods being told to the public regarding her proposed recall election.

Councilmember Bacerra thanked the community for their participation and spoke in opposition to the State’s decision to allow needle distribution in the City.

Mayor Amezcua commented on affordable housing in the City and requested additional information regarding the Chicano Art Show.

City Manager Kristine Ridge provided brief clarification regarding the Art Show.

Mayor Amezcua announced a Housing Informational meeting at El Salvador Park on August 24, 2023, at 6:00 P.M. and Coffee with the Mayor at French Park on August 26, 2023. She spoke regarding various issues she has had to address while in office. She noted that an ad hoc committee had been created to address an alleged Code of Ethics violation by a member of the City Council, as required by the Charter. She further noted that a separate complaint submitted by Councilmember Hernandez against herself and three other councilmembers had been referred to the District Attorney’s Office for investigation.

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City Council 08/15/2023 25
ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:26 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 46 2/20/2024
CITY COUNCIL 1 8/29/2023
DRAFT 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.

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

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

PLEDGE OF ALLEGIANCE Councilmember Penaloza
WORDS OF INSPIRATION Pastor Dion Thomas, Sonrise Community Christian Church
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced that the Ceremonial Presentation Certificate of Recognition presented to the City’s Housing Division Team has 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 2023 as Hunger Action Month.

2. Certificates of Recognition presented by Mayor Pro Tem Lopez to the City’s Housing Division Team for Outstanding Contributions to the Community. (Removed from agenda)

3. Certificate of Recognition presented by Councilmember Vazquez to VietRISE for Outstanding Contributions to the Community.

MINUTES: Ceremonial Presentation Agenda Item No. 2 was not presented.

Councilmember Penaloza proclaimed September 2023 as Hunger Action Month and presented the proclamation to Orange County Hunger Alliance.

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:

The following speakers addressed Council via teleconference:

1. Tanya Skarzynski spoke regarding Agenda Item No. 21 and expressed concern regarding releasing tenant’s leasing information.

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CITY COUNCIL 3 8/29/2023

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 Loflin 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. 11.Daniel Marin expressed concern for Agenda Item Nos. 8, 9, and 10 and spoke regarding Agenda Item No. 21.

12.Silvia Avendaño (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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CITY COUNCIL 4 8/29/2023

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.

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.

CONSENT CALENDAR
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CITY COUNCIL 5 8/29/2023
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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ
NONE
NONE

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 ReportHuman 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 2223 Project (Project No. 236907) (NonGeneral Fund)
Department(s): Public Works Agency
City Council 9 – 51 2/20/2024
CITY COUNCIL 6 8/29/2023
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)

2. Approve change order to construction contract and an amendment to the Project Cost Analysis to reflect the new amount of $743,100 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $4,140,200, subject to non-substantive changes approved by the City Manager and City Attorney.

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. 226987) (NonGeneral 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 project funding 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 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.

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 contract administration, inspection, and testing; and a $313,265 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-2022-6 was filed for the project.

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CITY COUNCIL 7 8/29/2023

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. 216975) (NonGeneral 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 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 $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.

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. 236910) (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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CITY COUNCIL 8 8/29/2023

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.

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. 23007) (General Fund and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Athens Services to provide street sweeping services at a base amount of $3,913,500, with an annual contingency of $391,350, for a total annual amount of $4,304,850, plus allowance for an annual adjustment based on the Consumer Price Index, for a ten-year initial term totaling $43,048,500, beginning on 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 approved by the City Manager and City Attorney (Agreement No. A-2023154).

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.

City Manager Kristine Ridge spoke regarding the increased services to 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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ
NONE
NONE

MAYOR AMEZCUA
Status: 6 – 0 – 0 – 1 – Pass
City Council 9 – 54 2/20/2024
CITY COUNCIL 9 8/29/2023

12.Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Way (NonGeneral 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-ofway 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-2023155).

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- 2023156).

14. Approve Master Service Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (General Fund and NonGeneral 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.

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CITY COUNCIL 10 8/29/2023
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 Valentin provided clarification regarding the policies that Lexipol did not have in place.

Councilmember Hernandez questioned the need for Lexipol due to the minimal implemented policies.

Mayor Pro Tem 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 Commission up 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:

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CITY COUNCIL 11 8/29/2023
AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ
NONE

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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN
NONE

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 ThreeYear Countywide Homeland Security Grants Strategy (NonGeneral Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Filler Security Strategies, Inc., for the period of August 29, 2023 through March 31, 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-2023158).

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).

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CITY COUNCIL 12 8/29/2023

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 performance evaluation conducted on August 15, 2023 and acknowledge retainer adjustment of $25,000 per the existing Legal Services Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal Services.

RESOLUTION NO. 2023058 e n t i t l e d A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA AFFIRMING A POSITIVE CITY ATTORNEY

EVALUATION AND 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. 2023059 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 Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed MixedUse Development Project Located on the 41Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange 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 Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics.

City Council 9 – 58 2/20/2024
CITY COUNCIL 13 8/29/2023
RESOLUTION NO. 2023060 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 moved to approve the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Councilmember Penaloza.

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:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ
NONE
COUNCILMEMBER PHAN (recusal)

MAYOR AMEZCUA
Status: 5 – 0 – 1 – 1 – Pass
**END OF CONSENT CALENDAR**
MINUTES: At 8:37 PM, the Business Calendar was considered.

BUSINESS CALENDAR
City Council 9 – 59 2/20/2024
CITY COUNCIL 14 8/29/2023

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. 222992) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Approve first reading of an 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.

ORDINANCE NO. NS3050 entitled AN 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 Tem Lopez.

The motion carried, 5 – 1 – 0 – 1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA
NONE

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 9 – 60 2/20/2024
CITY COUNCIL 15 8/29/2023
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 Stabilization Ordinance and the previsions to include rent 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.

MINUTES: Councilmember Bacerra wished Margaret Lane a Happy 105th Birthday 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 September at 10:00 A.M. at George Upton All Access Park, wished everyone a Happy Labor Day, and requested the meeting to be adjourned in the memory of 23 year old Veronica Amezola and 27 year old Kimberly Izquierdo.

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 9 – 61 2/20/2024
CITY COUNCIL 16 8/29/2023
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 regarding being elected as Division II representative for the League of California Cities.

Councilmember Vazquez thanked Parks and Recreation for the event put together on Sunday and announced that it is garage sale weekend.

Mayor Pro Tem Lopez announced the Grupo Autistimo 20th Annual 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 Izquierdo
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 62 2/20/2024
MINUTES OF REGULAR MEETING 1 September 19, 2023
DRAFT Minutes of the Special Closed and
Regular Meeting of the City Council
City of Santa Ana, California
September 19, 2023
CLOSED SESSION MEETING – 5:00 pm
REGULAR OPEN MEETING – 5:30 pm
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:09 P.M.

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

Councilmembers Hernandez, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Bacerra and Mayor Pro Tem Lopez joined the meeting during Closed Session.

City Council 9 – 63 2/20/2024
MINUTES OF REGULAR MEETING 2 September 19, 2023
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Clerk Jennifer L. Hall stated there were no additions\deletion to Closed Session.

Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1B as the listed entities are clients of her employer.

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 5:10 P.M.

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES B. Share Our Selves Corporation v City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:23-CV-00504-DOC-DFM MINUTES: Councilmember Phan recused herself from consideration of Item No. 1B and left the room at 5:29 P.M.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

City Council 9 – 64 2/20/2024
MINUTES OF REGULAR MEETING 3 September 19, 2023

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council at 5:58 P.M.

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present.

PLEDGE OF ALLEGIANCE Sunburst Youth Challenge Academy
WORDS OF INSPIRATION Cadet Helstern, Sunburst Youth Challenge Academy

CEREMONIALPRESENTATIONS

1. Certificates of Recognition presented by Councilmember Phan to Sunburst Youth Challenge Academy Cadets for Academic
Excellence/Accomplishments.

2. City Tile presented by Mayor Amezcua to the Sahuayo City Council for their Commitment to Fostering a Sister City relationship with the Santa Ana Community.

3. Certificates of Recognition presented by Mayor Pro Tern Lopez to the City's Housing Division Team for Outstanding Contributions to the Community.

MINUTES: Ceremonial Presentation Item No. 2 was taken out-of-order and presented before Item No. 1.

Mayor Amezcua presented a City Tile and flag to the Sahuayo City Council and expressed excitement for their partnership.

Councilmember Phan presented certificates of recognition to the Sunburst Youth Challenge Academy Cadets and spoke regarding the Academy.

Mayor Pro Tem Lopez presented certificates of recognition to the City’s Housing Division Team and thanked staff for their hard work and efforts.

STAFF PRESENTATIONS

4. Informational Briefing and Update on PFAS Cleanup by Orange County Water District.

City Council 9 – 65 2/20/2024
MINUTES OF REGULAR MEETING 4 September 19, 2023
MINUTES: Deputy Public Works Director Cesar Barrera and Orange County Water District Director of Engineering Chris Olsen provided a presentation.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated the City Council took action on Closed Session Agenda Item No. 1A Myles Ramsey v. City of Santa Ana. et al., United States District Court (Central District of California), Case No. 8:21-CV-00825-JLS-KES, and voted unanimously to approve the settlement of $95,000.

Mayor Amezcua reported the public hearing would be moved out-of-order.

PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT-OF-ORDER AND HEARD PRIOR TO PUBLIC COMMENT.

PUBLIC HEARINGS

25. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 (Community Development Block Grant, Emergency Solutions Grant, HOME Investment Partnership Program)
Legal notice published in the Orange County Register, La Opinion, and Nguoi Viet on August 17, 2023.

Department(s): Community Development Agency
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

MINUTES: Mayor Amezcua opened the Public Hearing at 6:53 P.M.

City Clerk Jennifer L. Hall stated there were no speakers.

There being no request to speak, Mayor Amezcua closed the Public Hearing at 6:53 P.M.

Councilmember Hernandez spoke regarding the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23.

MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez.

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
City Council 9 – 66 2/20/2024
MINUTES OF REGULAR MEETING 5 September 19, 2023
NOES:

ABSTAIN:

ABSENT:

AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES:

The following speakers addressed Council via teleconference:

1. Aida Perez(translation: Spanish) spoke in support of Agenda Item No. 28.

City Clerk Jennifer L. Hall stated the time for public comment is two minutes per the Mayor’s direction.

2. Maria Pina (translation: Spanish) spoke in support of Agenda Item No. 28.

3. Jane Doe congratulated and commended the Housing Division for all their hard work and efforts.

4. Boomer Vicente spoke in opposition to Agenda Item No. 20.

5. Jonnah spoke in support of Agenda Item No. 28.

6. Tanya Navarro spoke in opposition to Agenda Item No. 20.

7. Daniel Riley spoke in support of Agenda Item No. 28.

8. Victor Mendez spoke in support of Agenda Item No. 28.

9. Juliana Musheyev spoke in support of Agenda Item No. 28.

The following speakers addressed council in-person:

1. Ross Romero spoke in support of Agenda Item No. 28.

2. Bee Cleaver spoke in opposition to Agenda Item No. 28.

3. Monica spoke in opposition to Agenda Item No. 28.

4. Carlos Perea spoke in support of Agenda Item No. 28.

5. Phuong Vu (translation: Vietnamese) spoke in support of Agenda Item No. 28.

City Council 9 – 67 2/20/2024
MINUTES OF REGULAR MEETING 6 September 19, 2023

6. Martin Mendiola spoke in support of Agenda Item No. 28.

7. Vincent Tran spoke in support of Agenda Item No. 28.

8. Celeste Vasquez spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20.

9. Faby Jerome spoke in support of Agenda Item No. 28.

10.Tracy La spoke in support of Agenda Item Nos. 26 and 28 and in opposition to Agenda Item No. 20.

11.Duy Viet Le spoke in support of Agenda Item No. 28.

12.Julia Gomez spoke in support of Agenda Item No. 28.

13.Mai Do spoke in support of Agenda Item No. 28.

14.Indigo Vu spoke in support of Agenda Item No. 28 and in opposition to Agenda Item No. 20.

15.Claudia Morales (translation: Spanish) spoke in support of Agenda Item No. 28.

16.Marcela Rosas (translation: Spanish) spoke in support of Agenda Item No. 28.

17.Mike Tardif spoke in opposition to Agenda Item No. 28.

18.Salvador Sarmiento spoke in support of Agenda Item No. 28.

19.Gema Suarez spoke in support of Agenda Item No. 28.

20.Maria Torres (translation: Spanish) spoke in support of Agenda Item No. 28.

21.Iris Zuniga (translation: Spanish) spoke in support of Agenda Item No. 28.

22.Wendy Bahena (translation: Spanish) spoke in support of Agenda Item No. 28.

23.Danny Vega spoke in support of Agenda Item No. 27.

24.Arturo Robles (translation: Spanish) spoke in opposition to Agenda Item No. 28.

25.Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 28.

26.Socorro Sarmiento (translation: Spanish) spoke in support of Agenda Item No. 28.

27.Apolinio Cortes (translation: Spanish) spoke in support of Agenda Item No. 28.

28.Larry Sims spoke in opposition to Agenda Item No. 28.

City Council 9 – 68 2/20/2024
MINUTES OF REGULAR MEETING 7 September 19, 2023

29.Chavita Sarmiento spoke in support of Agenda Item No. 28.

30.Sarai Arpero (translation: Spanish) spoke in support of Agenda Item No. 28.

31.Jenna Narahara spoke in support of Agenda Item No. 28.

32.Leo Campos (translation: Spanish) spoke in support of Agenda Item No. 28.

33.Derek Yeghiazarian spoke in support of Agenda Item No. 28.

34.Alexis Teodoro spoke in support of Agenda Item No. 28.

35.Mike Bears spoke regarding homeless issues surrounding 210 S. Broadway and requested parking fines increase and the homeless issue be addressed.

36.Darwin Nguyen spoke regarding a burglary that occurred at his small business in Santa Ana.

37.Jesse S. spoke in opposition to Agenda Item No. 28.

38.Scott spoke in support of Agenda Item No. 28.

39.Ghia spoke in opposition to Agenda Item No. 28.

40.Andrea Perez spoke in support of Agenda Item No. 28.

City Clerk Jennifer L. hall reported out the summary of email comments received: One (1) comments regarding Agenda Item No. 20, Two (2) comments regarding Agenda Item No. 26, Nine (9) comments regarding Agenda Item No. 28, and Twenty-five (25) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 28.

MINUTES: At 8:43 P.M., the Consent Calendar was considered. Councilmember Hernandez pulled Agenda Item No. 20, Councilmember Penaloza pulled Agenda Item No. 13, and Councilmember Bacerra pulled Agenda Item Nos. 23 and 24 for separate discussion and consideration.

Councilmember Phan reported a recusal for Agenda Item Nos. 18, 21, and 22 as the listed entities are clients of her employer.

MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 3 through 28 with the exception of Agenda Item Nos 13, 20, 23, seconded by Council Member Penaloza.

CONSENT CALENDAR
City Council 9 – 69 2/20/2024
MINUTES OF REGULAR MEETING 8 September 19, 2023
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

3. Excused Absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.

4. Appoint Gabriel Castillo Laughton Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Police Oversight Commission for a Full-Term Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Gabriel Castillo Laughton to the Police Oversight Commission as the Ward 3 representative and administer the Oath of Office.

MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Gabriel Castillo.

5. Minutes from the Special Closed Session and Regular Meeting of December 20, 2022
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

6. Approve Destruction of Obsolete City Records
Department(s): Finance and Management Services
Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 2013-014.

7. Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year 2022-23 to Fiscal Year 2023-24
City Council 9 – 70 2/20/2024
MINUTES OF REGULAR MEETING 9 September 19, 2023
Department(s): Finance and Management Services
Recommended Action:

1. Approve an Appropriation Adjustment to reduce the FY 2022-23 budget for unspent amounts to be carried over to FY 2023-24. (Required five affirmative votes)

2. Approve and Appropriation Adjustment to increase the FY 2023-24 budget for amounts carried forward from FY 2022-23. (Requires five affirmative votes)

10. Approve an Appropriation Adjustment Accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program Department(s): Police Department
Recommended Action: Approve an appropriation adjustment recognizing $246,431.01 in the Law Enforcement Grants revenue account and appropriate same to the Board of State and Community Corrections Police Grants expenditure accounts. (Requires five affirmative votes)

11. Approve an Appropriation Adjustment to Recognize Measure M2 Grant Funding and Amend the Fiscal Year 2023-24 Capital Improvement Program for the Fairview Street Improvement Project (Project No. 23-6701) Department(s): Public Works Agency
Recommended Action:

1. Approve and app appropriation adjustment recognizing Measure M2 grant funding in the amount of $825,000 into the Public Works Measure M2 Competitive revenue account and appropriate the same amount into the Measure M2 Competitive Street, Improvements Other Than Building expenditure account for future year expenditures . (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include Measure M2 grant funding in the amount of $825,000 for the Fairview Street Improvements (17th Street to Trask Avenue) Project (Project No. 23- 6701).

12. Approve an Appropriation Adjustment, Cooperative Cost Reimbursement Agreement with the City of Garden Grove, and Award a Construction Contract to R.J. Noble Company in the Amount of $1,643,676 for the City Council 9 – 71 2/20/2024
MINUTES OF REGULAR MEETING 10 September 19, 2023
Westminster Avenue Rehabilitation Project from Newhope Street to Harbor Boulevard with an Estimated Project Delivery Cost of $2, 112,595 (Project No. 22-6989) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $542,000 in cost reimbursements from the City of Garden Grove into the Selected Street Construction revenue account, and appropriating the same amount to the Selected Street Construction expenditure account for the Westminster Avenue Improvement Project.(Requires five affirmative votes.)

2. Authorize the City Manager to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements on Westminster Avenue within the Garden Grove jurisdiction from Newhope Street to Harbor Boulevard, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-159).

3. Authorize budget reallocation of $185,405 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project and $47,595 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Euclid Rehabilitation from First Street to Hazard Avenue Improvements (No. 20-6955) Project to construction funds for the Westminster Avenue Rehabilitation from Newhope Street to Harbor Boulevard Project (No. 22-6989) to complete the project funding requirement.

4. Award a construction contract to R.J . Noble Company, the lowest responsible bidder, in accordance with the base bid in the amount of $1,643,676, 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 Westminster Avenue Rehabilitation, for the term beginning September 19, 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.

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,112,595, which includes $1,643,676 for the construction contract; $246,551 for contract administration, inspection, and testing; $58,000 for design engineering; and a $164,368 project contingency for unanticipated or unforeseen work.

6. 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-2023-77 was filed for the project.

City Council 9 – 72 2/20/2024
MINUTES OF REGULAR MEETING 11 September 19, 2023

13. Approve an Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. in the Amount of $3,366,625 for the Standard - McFadden Park Project, with an Estimated Project Delivery Cost of $4,208,281 (Project No.20-2729) (Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $669,060 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $669,060 in construction funds for the Standard - McFadden Park Project (Project No. 20-2729).

3. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,366,625, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Standard - McFadden Park Project, for a term beginning September 19, 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.

4. Approve the project cost analysis for a total estimated construction delivery cost of $4,208,281, which includes $3,366,625 for the construction contract; $504,994 for contract administration, inspection, and testing; and a $336,662 project contingency for unanticipated or unforeseen work.

5. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-97 was filed for the project.

MINUTES: Councilmember Penaloza spoke regarding the positive impacts of the project to the community and thanked staff for their hard work and efforts. He requested a nice fence be installed instead of a chain link fence, a blue light pole be added to the Standard and McFadden Park, and the blue light pole be serviced at Madison Park.

Councilmember Hernandez spoke in support of the project.

Councilmember Vazquez spoke in support of the project with the upgrade fence request.

City Council 9 – 73 2/20/2024
MINUTES OF REGULAR MEETING 12 September 19, 2023
Mayor Pro Tem Lopez spoke in support of the project and commented on the proposed fencing.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 13, seconded by Mayor Amezcua.

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

YES:

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

14. Approve an Amendment to the Fiscal Year 2023-24 Capital Improvement Program for $53,000 and Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $540,000 for the Traffic Calming Phase 1 in Five Separate Locations on Grovemont St., Civic Center Dr., Walnut St., Myrtle St., and Cypress Ave., with an Estimated Project Delivery Cost of $648,000 (Project No. 23-6034) (General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an amendment to the FY 2023-24 Capital improvement Program to include $53,000 in construction funds for the Traffic Calming Phase 1 (Project No. 23-6034).

2. Authorize the City Manager to reject the bid submitted by HZS Engineering and Construction as non-responsive and award a construction contract to Hardy & Harper, Inc. the lowest responsible bidder, in accordance with the base bid in the amount of $540 ,000 for construction of the Traffic Calming Phase 1, for a term beginning September 19, 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 .

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $540,000 for the construction contract; $54,000 for contract administration, inspection, and testing; and a $54,000 project contingency for unanticipated or unforeseen work.

4. Determine that the recommended actions are exempt from further review City Council 9 – 74 2/20/2024
MINUTES OF REGULAR MEETING 13 September 19, 2023
in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-35 was filed for the project.

15. Approve Agreements with lnterwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On-Call Right-of-Way Coordination Services in an Aggregate Amount Not to Exceed $250,000 for up to a Five-Year Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with lnterwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on-call right- of-way coordination services for a shared aggregate amount not to exceed $250,000, for a three-year term beginning September 19, 2023 and expiring on September 18, 2026, with the provision for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-160).

16. Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by Increasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for the Remainder of the Contract Term (Specification No. 19-085) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for consignment vehicle parts and accessories by increasing the annual amount by $160,000, for a revised annual amount not to exceed $500,000, for the remainder of the current one-year term expiring June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-161).

17. Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to Provide Functional Specifications and SCADA Source Control and Change Control Services in an Aggregate Amount Not to Exceed $1,250,000 for up to a Five-Year Term (Non-General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Partners in Control, Inc. dba Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to provide on-call engineering services to prepare functional specifications and to provide supervisory control and data acquisition, source control, and change control services, for a shared aggregate amount not to exceed $1,250,000, for a three-year term beginning September 19, 2023 and expiring September 18, 2026, with provisions for one, two-year extension, subject to non- substantive changes approved by the City Manager and City City Council 9 – 75 2/20/2024
MINUTES OF REGULAR MEETING 14 September 19, 2023
Attorney (Core Agreement No. 2023-162).

18. Approve the First Amendment to the IPS Group, Inc. Agreement for Increased Monthly Smart Parking Meters Service Cost, Warranty Purchase, Repair, Modem Upgrades, and Contingency Cost in the Amount of $540,000 (Non-General Fund)
Department(s): Community Development Department
Recommended Action: Authorize the City Manager to execute an amendment to the agreement with IPS Group, Inc. for increased monthly smart parking meters service cost, warranty purchase, repairs, and modem upgrades, to increase the compensation amount by $540,000, for a total amount not to exceed $840,000 for the existing term of February 15, 2022 to February 14, 2027, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023-163).

MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer.

MOTION: Councilmember Hernandez moved to the recommended action for Item No. 19 as part of the Consent Calendar, seconded by Council Member 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

19. Approve an Agreement with Empower Annuity Insurance Company for Administrative, Recordkeeping, and Communication Services Pertaining to the 457 Deferred Compensation Plan
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a Restated Master Services Agreement with Empower Annuity Insurance Company for the administrative, recordkeeping, and communication services ("services") pertaining to the 457 Deferred Compensation Plan for a three-year term beginning October 1, 2023 through September 30, 2026, with a provision for a single two-year extension , subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-164).

City Council 9 – 76 2/20/2024
MINUTES OF REGULAR MEETING 15 September 19, 2023

20. Approve Master Service Agreement with Lexipol, LLC to provide Policy Manual Maintenance and Support to the Police Department (General Fund and Non-General Fund) (continued from City Council meeting of August 29, 2023, Item No. 14)
Department(s): Police Department
Recommend 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. 2023-165)..

MINUTES: Councilmember Hernandez spoke in opposition to the Lexipol, LLC agreement and the negative impacts Lexipol has in the community.

Councilmember Vazquez spoke in opposition to Lexipol, LLC.

MOTION: Councilmember Hernandez to allocate additional resources to the City Manager’s Office to address Policy Manual Maintenance and Support to the Police Department and collaborate with the Police Oversight Commission, seconded by Council Member Vazquez.

MINUTES: Mayor Amezcua spoke in support of the Lexipol, LLC agreement and regarding the need for policies and procedures.

Councilmember Phan spoke regarding the Lexipol agreement and the need for the Police Oversight Commission to review the policies and procedures.

Mayor Pro Tem Lopez spoke regarding the burden of policy maintenance and support and stated the Police Oversight Commission should maintain and support Police policies and procedures.

Councilmember Penaloza explained that Lexipol is a resource, tool, and library for the Police Department and spoke in support of the agreement.

SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 20, seconded by Mayor Amezcua.

The substitute motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 4-3-PASS
City Council 9 – 77 2/20/2024
MINUTES OF REGULAR MEETING 16 September 19, 2023

21. Second Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed-Use Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution approving a second one-year extension of Site Plan Review No.2020-04 to November 9, 2024.

RESOLUTION NO. 2023-061 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED-USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET,”
(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 to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA).

MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 21 as the listed entities are clients of her employer.

MOTION: Councilmember Hernandez moved to the recommended action for Item No. 21 as part of the Consent Calendar, seconded by Council Member 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
City Council 9 – 78 2/20/2024
MINUTES OF REGULAR MEETING 17 September 19, 2023

22. Resolutions Supporting Orange County Water District's Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System Project Department(s): Public Works Agency
Recommended Action:

1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a financial assistance application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Wells 27 and 28 PFAS Treatment System Project.

RESOLUTION NO. 2023-062 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN

APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD
FOR FINANCIAL ASSISTANCE FOR THE WELLS 27 AND 28 PFAS
TREATMENT SYSTEM PROJECT.”

2. Adopt a resolution declaring the Wells 27 and 28 PFAS Treatment System Project is categorically exempt from the California Environmental Quality Act pursuant to Section 1503 of California Environmental Quality Act Guidelines.

RESOLUTION NO. 2023-063 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA CONSIDERING CITY OF SANTA ANA WELLS 27 AND 28 PFAS TREATMENT SYSTEM PROJECT
EXEMPT,” (includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines as the proposed action consists of the construction and operation of small treatment plants and associated connection facilities at previously disturbed sites representing the development of limited numbers of new, small facilities or structures and it would not result in any significant impacts to the environment).

MINUTES: Councilmember Phan reported a recusal for Agenda Item No. 18 as the listed entities are clients of her employer.

MOTION: Councilmember Hernandez moved to the recommended action for Item No. 22 as part of the Consent Calendar, seconded by Council Member 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
City Council 9 – 79 2/20/2024
MINUTES OF REGULAR MEETING 18 September 19, 2023
NOES:

ABSTAIN:

ABSENT:

NONE
NONE
NONE
Status: 7 – 0 – Pass

23. Councilmember-Requested Item Policy.

Department(s): City Manager’s Office
Recommended Action: Adopt a resolution approving the City Council Policy Regarding Councilmember-Requested Items.

RESOLUTION NO. 2023-064 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING COUNCILMEMBER-REQUESTED ITEMS.

MINUTES: Councilmember Bacerra requested a revision to Section 2 of the policy to state that a Councilmember shall consult with the City Manager and City Attorney regarding the requested item.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended in Section2 of the policy, seconded by Mayor Amezcua.

The motion carried, 6-0-0-1, by the following roll call vote:

YES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCIL MEMBER VAZQUEZ, MAYOR

PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER HERNANDEZ
Status: 6-0-0-1- PASS

24. Second Reading of 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).

First reading at the August 29, 2023 City Council meeting, approved by a vote of 5-1- 1 (Bacerra dissenting and Amezcua absent).

Published in the Orange County Reporter on September 8, 2023.

Department(s): Public Works Agency
City Council 9 – 80 2/20/2024
MINUTES OF REGULAR MEETING 19 September 19, 2023
Recommended Action: Conduct a second reading of and adopt 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.

ORDINANCE NO. NS-3050 entitled AN 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: Councilmember Bacerra spoke in support of the item and requested additional signage in eight additional locations.

Discussion ensued regarding state law, signage, and conducting a citywide assessment of signage and related costs and resources.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, seconded by Mayor Pro Tem Lopez.

SUBSTITUTE MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 24, as amended with direction to staff regarding signs/lights as resources allow, seconded by Councilmember Vazquez.

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

YES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN,

COUNCIL MEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 - 0 - PASS
**END OF CONSENT CALENDAR**

PUBLIC HEARINGS
PUBLIC HEARING AGENDA ITEM NO. 25 WAS CONSIDERED OUT-OF-ORDER AND HEARD PRIOR TO PUBLIC COMMENT.

COUNCILMEMBER REQUESTED ITEMS
MINUTES: City Attorney Sonia Carvalho spoke regarding the parameters of the brown act regarding councilmember requested items.

City Council 9 – 81 2/20/2024
MINUTES OF REGULAR MEETING 20 September 19, 2023

26. Discuss and Consider Directing the City Attorney to Prepare a City Council-Initiated Ballot Measure for Voter Approval Affirming the City of Santa Ana's Rent Stabilization and Just Cause Eviction Ordinance forthe November 2024GeneralPresidential Election-CouncilmemberPhan MINUTES: Councilmember Phan directed staff to prepare a resolution for City Council’s consideration to place a ballot measure on the November 2024 General Election to affirm the City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance with flexibility to provide future amendments by super majority vote. She requested the item be brought back to Council at the October 17, 2023 City Council meeting.

Councilmember Hernandez spoke in support of Councilmember Phan’s request.

Mayor Pro Tem Lopez requested options be provided to Council regarding the Rent Stabilization and Just Cause Eviction Ordinance. She expressed support for Councilmember Phan’s request.

Councilmember Vazquez spoke in support of the item.

Councilmember Bacerra spoke regarding an Ad-Hoc Charter Amendment Review Committee and expressed concern regarding the proposed charter amendment.

Councilmember Penaloza spoke regarding the anticipation of future ballot measures and requested Council create an Ad-Hoc Committee to address the numerous potential charter amendments. He spoke regarding the process of charter amendments and related costs.

Mayor Amezcua suggested Council create an Ad-Hoc Committee to address potential charter amendments.

27. Discuss and Consider Directing the City Manager to Bring Back at the Next Regularly Scheduled Meeting a Fully Enforceable Ordinance that would Prohibit Spectators at Illegal Speed Contests and Reckless Driving Exhibitions That Often Endanger People's Lives and Disrupt Residents' Quality of Life - Councilmember Penaloza
MINUTES: Councilmember Penaloza spoke in support of the item and requested the ordinance be brought back at the October 17, 2023 City Council meeting.

Mayor Pro Tem Lopez spoke regarding her experiences related to illegal and reckless driving exhibitions and requested additional analysis.

Councilmember Hernandez spoke in opposition to the item and spoke regarding SB1472.

Councilmember Vazquez spoke in opposition to the item.

City Council 9 – 82 2/20/2024
MINUTES OF REGULAR MEETING 21 September 19, 2023
Councilmember Phan spoke in support of bringing the item back and requested additional information be brought back regarding whom the spectators are.

Councilmember Bacerra spoke in support of the item.

Councilmember Penaloza explained the ordinance was brought before the Council in 2021 and was not approved.

Mayor Amezcua spoke in support of the item.

28. Discuss and Consider Directing the City Manager and the City Attorney to Prepare for the City Council's Consideration Resolution Options to Place the Issue of Noncitizen Voting in City Council and Mayoral Elections on the November 2024 Ballot and Further Discuss and Consider Directing the City Manager to Prepare a Cost and Implementation Analysis of Establishing Noncitizen Voting - Councilmembers Hernandez and Vazquez MINUTES: Councilmember Hernandez spoke in support of the item.

Councilmember Vazquez spoke in support of the item.

Councilmember Phan spoke in support of the item.

Mayor Pro Tem Lopez spoke in support of the item.

Councilmember Penaloza spoke in opposition to the item and requested an Ad-Hoc Committee be created to address the numerous ballot measures.

Mayor Amezcua agreed that an AdHoc Committee should be created.

Councilmember Bacerra spoke in opposition to the item.

Mayor Amezcua spoke in opposition to the item.

Discussion ensued regarding time, costs and deadlines for ballot measures and policy direction.

Councilmember Hernandez requested the item be brought back to Council at either the October 17, 2023 or the November 7, 2023 City Council meeting.

Councilmember Phan requested a resolution for a ballot initiative that authorizes and directs the City Council to research and implement non-citizen voting in the City.

Councilmember Bacerra asked for clarification regarding the placement of an advisory measure on the ballot.

City Attorney Sonia Carvalho spoke regarding her experience with advisory measures.

City Council 9 – 83 2/20/2024
MINUTES OF REGULAR MEETING 22 September 19, 2023
Councilmember Penaloza asked for clarification regarding direction of the item.

Councilmember Phan stated she would like a ballot measure on the November 2024 General Election which states, “The City Council of the City of Santa Ana shall research and implement non-citizen voting for local municipal elections within the City of Santa Ana.” She explained if and when the ballot measures passes, the City Council would then come back and do the research and implementation to the extent of the law.

City Manager Kristine Ridge clarified that Mayor Pro Tem Lopez, Councilmember Vazquez, Councilmember Hernandez, and Councilmember Phan would like an advisory measure.

CITY MANAGER COMMENTS
City Manager Kristine Ridge announced live streaming of Fiestas Patrias and that an International Older Adults Celebration would be held on Friday, September 29, 2023.

1. September 7 - 8, 2023 Councilmember Phan - 2023 Asian American Pacific Islander Leadership Summit in Sacramento, CA.

Councilmember Phan spoke regarding her experience at the Summit in Sacramento. She announced the 2nd Annual Mid-Autumn Festival at Centennial Park on October 2, 2023 and thanked staff for their hard work and efforts, and spoke regarding ‘Tea with Thai’ at Godinez Fundamental High School.

2. September 7 - 9, 2023 Mayor Pro Tern Lopez - Local Progress 2023 National Convening in St. Louis, MO.

Mayor Pro Tem Lopez – AB1234 Disclosure the City of Santa Ana paid for her travel and expenses to visit the Local Progress 2023 National Convening. She announced a park clean-up with Orange County Habitat and requested the community be involved with California Coastal Clean-up Month.

Councilmember Vazquez expressed his excitement in honoring the Sahauyo City Council and thanked City staff for their hard work and efforts, and announced the County of Orange is now accepting applications for Section 8 Housing until September 29, 2023.

Councilmember Hernandez thanked the community for their participation and engagement and the Parks and Recreation Division for their hard work and efforts on Fiesta Patrias. He expressed his excitement in forming a partnership with Sahuayo and thanked City staff for their hard work in hosting the Sahuayo City Council.

City Council 9 – 84 2/20/2024
MINUTES OF REGULAR MEETING 23 September 19, 2023
Councilmember Penaloza thanked the Parks and Recreation Division for their hard work and efforts in hosting City events, wished a Happy Birthday to all those in the month of September, and announced AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing-in ceremony as the 2nd Vice President of the Orange County Division.

Councilmember Bacerra announced that his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 AM at Thorton Park and spoke regarding partnership with Sahuayo.

Mayor Amezcua announced she will be having Coffee with the Mayor at the Senior Center on Saturday, September 23, 2023 from 10:00 A.M. – 12:00 P.M., and clarified multiple future City events have already been budgeted for the next year. She thanked the Santa Ana Police Department and the Orange County Fire Authority for their hard work and dedication, spoke regarding public safety, announced that October 3, 2023 will be the first meeting to present on Public Intoxication, and thanked the community and all City staff for the participation and hard work on Fiestas Patrias.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council at 11:04 P.M. in memory of Josefina Martinez Anguiano, Leonard Joseph Garcia, Jr., and Los Angeles Deputy Sheriff Ryan Clinkunbroomer.

Respectfully submitted:
_______________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 85 2/20/2024
CITY COUNCIL 1 OCTOBER 3, 2023
DRAFT Minutes of the Regular Meeting of
the City Council
City of Santa Ana,
California
October 3, 2023
CLOSED SESSION MEETING – 4:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:07 P.M.

ATTENDANCE Councilmembers 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 L. Hall
City Council 9 – 86 2/20/2024
CITY COUNCIL 2 OCTOBER 3, 2023

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

Councilmembers Penaloza, Phan, and Vazquez, and Mayor Amezcua were present.

Councilmembers Bacerra and Hernandez, and Mayor Pro Tem Lopez 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 Agenda 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 4:10 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the Government Code:

Santa Ana Police Officers Association v. City of Santa Ana, Public Employment Relations Board Case No. LA-CE-1658-M

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

Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization:

Santa Ana Police Officers Association (POA)

3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2021-01222252-CU-PA-NJC

4. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter [personnel claim]
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

City Council 9 – 87 2/20/2024
CITY COUNCIL 3 OCTOBER 3, 2023
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:18 P.M.

ATTENDANCE Councilmembers
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 L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present.

PLEDGE OF ALLEGIANCE Andrew Linares
WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall stated there were no revisions.

CEREMONIALPRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community.

2. Certificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023.

3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8-14, 2023 as Fire Prevention Week.

4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid-Autumn Festival Day.

City Council 9 – 88 2/20/2024
CITY COUNCIL 4 OCTOBER 3, 2023
MINUTES: Ceremonial Presentations Item were taken out-of-order and presented.

Councilmember Phan proclaimed September 29, 2023 as MidAutumn Festival Day and presented the proclamation to Ben Chu.

Councilmember Bacerra proclaimed October 814, 2023 as Fire Prevention Week and presented the proclamation to Orange County Fire Authority Battalion Chief Sultzer.

Mayor Pro Tem Lopez presented a certificate to Sofia Wolff and acknowledged and congratulated her on her accomplishments.

Mayor Amezcua presented Certificates of Recognition to Abound Food Care and expressed her gratitude for the outstanding contributions.

STAFFPRESENTATIONS

4. Homelessness Update
MINUTES: Homeless Services Manager Kenneth Gominsky gave a Homelessness Update presentation.

Councilmember Vazquez requested month-by-month data regarding homeless numbers, servicing, and comparisons with other cities.

Councilmember Phan thanked staff for the presentation and their hard work and spoke regarding partnership with the County of Orange.

Mayor Amezcua spoke regarding the mysantaana app, Union Pacific Railroad challenges, and thanked staff for their hard work and efforts.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated that City Council took action on Closed Session Agenda Item No. 3, Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202101222252CUPANJC, and voted unanimously to approve the settlement of $150,000.

MINUTES: The following speakers addressed Council in-person:

1. Arsenio Lopez spoke regarding an incident at his family business, Arsenio’s Mexican Food, on Harbor and McFadden.

2. Dr. Gabriela Mafi, Garden Grove Unified School Districit Superintendent, spoke in support of Agenda Item No. 12 and spoke regarding the need for a full‐time School Resource Officer.

City Council 9 – 89 2/20/2024
CITY COUNCIL 5 OCTOBER 3, 2023

3. Beth Thomas spoke regarding the Washington Square neighborhood, expressed concern regarding the sale of land in the neighborhood, and requested Council purchase the land to build a park.

4. Irma Jauregui expressed concern regarding Agenda Item No. 28 (voting) at the previous city council meeting, spoke in support of Agenda Item No.15 and requested a no vote on Agenda Item No. 17.

City Clerk Jennifer L. Hall reported out the summary of email comments received: Two (2) comments regarding Agenda Item No. 12, Six (6) comments regarding Agenda Item No. 16, and Seven (7) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 14 and waive reading of all resolutions and ordinances
MINUTES: At 7:07 P.M., the Consent Calendar was considered.

Councilmember Hernandez and Councilmember Bacerra pulled Agenda Item No. 7 for separate discussion and consideration.

MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 14 with the exception of Agenda Item No. 7, seconded by Mayor Amezcua.

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.

7. Public Intoxication and Substance Abuse Enforcement - Monthly Report Department(s): Police Department

CONSENT CALENDAR
City Council 9 – 90 2/20/2024
CITY COUNCIL 6 OCTOBER 3, 2023
Recommended Action: Receive and file.

MINUTES: Assistant Police Chief Robert Rodriguez gave a presentation regarding Public Intoxication and Substance Abuse Enforcement.

Various questions and discussion ensued regarding policy implementation, arrestees release location, shelter services, operation hours and costs, transportation services, and bus passes.

Assistant Police Chief Rodriguez spoke regarding the enforcement policy, services provided, hours of operation, and costs associated.

Councilmember Hernandez requested strengthening relationships with local community organizations and having a proactive approach for transportation services.

Councilmember Bacerra spoke regarding the purpose of the policy.

MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 7, seconded by Councilmember Bacerra.

The motion carried, 6-0-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER HERNANDEZ
Status: 6 – 0 – 0 – 1 – Pass

8. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23-146) (General Fund and Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 2500HD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500HD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount City Council 9 – 91 2/20/2024
CITY COUNCIL 7 OCTOBER 3, 2023
not to exceed $110,522, subject to non-substantive changes approved by the City Manager and City Attorney.

9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non-General Fund) (Project 24-6898) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-167).

10.Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On-Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five-Year Term Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on-call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-168).

11.Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-169).

City Council 9 – 92 2/20/2024
CITY COUNCIL 8 OCTOBER 3, 2023

12.Approve a Three-Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a three-year service agreement with the Garden Grove Unified School District (GGUSD), which provides for the Santa Ana Police Department to staff one full time School Resource Officer (SRO) to the school district, for the period of October 3, 2023 through October 2, 2026, in an amount not to exceed $630,657 payable to the City, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-170).

13.Agreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink and Related Services (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice- America, for a total amount not to exceed $795,936, which includes the base amount of $723,536 and a contingency amount of $72,400, for a term beginning October 3, 2023 and ending January 31, 2024, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-171).

14.Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land
Department(s): Public Works Agency
Recommended Action: Adopt a resolution declaring City-owned property as surplus land and exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly.

Surplus Land:

APN Address Land
Use
Remnant
Area
Lot
Configuration
011‐134‐06 901 E. Chestnut Ave. R 5,977 Standard
099‐224‐39 5225 W. 1St St. R1 5,738 Standard
099‐224‐38 5221 W. 1st St. R1 5,744 Standard
008‐225‐23 217 S. Bristol St. R2 3,447 Standard
008‐225‐24 219 S. Bristol St. R2 5,616 Standard
008‐231‐25 223 S. Bristol St. R2 4,556 Standard
004‐121‐12 1307 W. 10th St. SP1 6,255 Standard
099‐224‐33 114 N. Euclid St. C1 5,000 SubStandard
City Council 9 – 93 2/20/2024
CITY COUNCIL 9 OCTOBER 3, 2023
Exempt Surplus Land:

APN Address Land
Use
Remnant
Area
Lot
Configuration
109‐121‐23 2201 W. La Verne Ave. R 1,651 SubStandard
008‐084‐10 1102 W. 5th St. R 2,711 SubStandard
405‐121‐06 801 N. English St. R 3,976 SubStandard
109‐092‐61 1209 S Sullivan St. R 3,226 SubStandard
002‐131‐57 2337 N. Riverside Dr. R 2,150 SubStandard
403‐121‐30 1730 S. Grand Ave. R 505 SubStandard
398‐381‐09 414 Santa Fe R 1,731 SubStandard
013‐053‐33 1442 S. Baker St. R 2,810 SubStandard
013‐052‐27 1441 S. Baker St. R 336 SubStandard
013‐052‐28 1442 S. Rosewood Ave. R 409 SubStandard
013‐123‐25 1434 S. Towner St. R 1,411 SubStandard
013‐124‐23 1435 S. Towner St. R 1,587 SubStandard
013‐121‐25 1435 S. Lowell St. R 1,257 SubStandard
013‐124‐24 1434 S. Lowell St. R 1,444 SubStandard
144‐303‐22 3706 W. Camille St. SP2 597 Unknown
398‐236‐01 621 Spurgeon R 1,369 Substandard
RESOLUTION NO. 2023-065 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS SURPLUS LAND

AND EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW

THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR

DISPOSITION
**END OF CONSENT CALENDAR**
MINUTES: At 7:34 P.M., the business calendar was considered.

15.Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance to prohibit spectators

BUSINESS CALENDAR
City Council 9 – 94 2/20/2024
CITY COUNCIL 10 OCTOBER 3, 2023
who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled “Street Racing and Reckless Driving Exhibitions Prohibited” will be added to the Santa Ana Municipal Code.

ORDINANCE NO. NS 3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE

SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Assistant Police Chief Robert Rodriguez gave a brief presentation regarding the street racing and reckless driving exhibitions proposed ordinance.

City Attorney Sonia Carvalho disclosed and explained she added additional enforcement language to the original ordinance language from May 2021 (page 3, section 36707, deleted language that refers to an infraction or alternative violations through administrative citations, same change would be made on section 36708) and stated she has redline copies available for Council to review.

Councilmember Hernandez spoke regarding street takeovers, expressed concern regarding infractions related to spectators, and spoke in opposition to the item.

Mayor Pro Tem Lopez requested all future redline item changes be emailed to Council prior to the meeting.

Councilmember Phan spoke regarding spectators at a street race or reckless driving exhibition and police officer training and education regarding enforcement distinctions.

Councilmember Bacerra spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, and police officer training and education regarding enforcement distinctions and in support of the item.

Councilmember Penaloza spoke regarding spectators at a street race or reckless driving exhibition, impacts to the community, police enforcement, and in support of the item. He requested City Attorney Carvalho explain the additional redline language added to the ordinance.

MOTION: Councilmember Bacerra moved to approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled “Street Racing and Reckless Driving Exhibitions Prohibited” will be added to the Santa Ana Municipal Code, as presented in the May 2021 City Council meeting, seconded by Councilmember Penaloza.

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CITY COUNCIL 11 OCTOBER 3, 2023
City Attorney Carvalho spoke regarding the additional enforcement language added to the ordinance.

Mayor Amezcua spoke regarding the impacts of enforcement towards minors as spectators at a street takeover and in support of the item.

Councilmember Vazquez expressed concern regarding the impacts of enforcement related to spectators that are minors at street takeovers and expressed the need to find a different solution.

Mayor Pro Tem Lopez spoke in support of the item and the original ordinance as presented.

Discussion ensued regarding police officer intervention and education, impacts to youth, quality of life, and determination/distinction of enforcement at street takeovers.

SUBSTITUTE MOTION: Mayor Pro Tem Lopez moved to approve the recommended action for Item No. 15, seconded by Councilmember Phan.

The substitute 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
PUBLIC HEARING AGENDA ITEM NOS. 17 and 18 WERE CONSIDERED OUT-OFORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16.

PUBLIC HEARINGS
MINUTES: At 8:20 P.M. Councilmember Phan reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 as the listed entities are clients of her employer. Mayor Pro Tem Lopez reported a recusal for Public Hearing Agenda Item Nos. 17 and 18 in an abundance of caution related to Government Code Section 84308.

17. Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue Legal Notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September 21, 2023.

Department(s): Planning and Building Agency
City Council 9 – 96 2/20/2024
CITY COUNCIL 12 OCTOBER 3, 2023
Recommended Action: After conducting its public hearing on the item, the City Council may take one of the following three actions:

1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03.

RESOLUTION NO. 2023-066 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND

UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO

ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT

REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE,

NORTH TUSTIN AVENUE
OR

2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned.

RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY

OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41

TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT

REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE,

STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) OR
City Council 9 – 97 2/20/2024
CITY COUNCIL 13 OCTOBER 3, 2023

3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval.

RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY

OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41

TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT

REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE,

STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project) MINUTES: City Attorney Sonia Carvalho explained the rules of due process related to the public hearing.

Mayor Amezcua opened the Public Hearing at 8:26 P.M.

The following speakers addressed Council in-person:

1. Michael Ayaz, appellant, spoke in opposition to the Planning Commission’s decision and requested Council approve the appeal with the removal of condition no. 7.

City Clerk Jennifer L. Hall reported out the summary of email 47 e-comments received.

The following speakers addressed council via teleconference:

2. Nikki Tichy spoke in opposition to the item and spoke in support of option 1.

3. Mr. and Mrs. Mike DeCosra spoke in opposition to the item.

4. Kim Lacey spoke in opposition to the item and spoke in support of option 1.

The following speakers addressed Council in-person:

5. Steve Braum, landlord, spoke regarding the vacant lot and in support of the item.

City Council 9 – 98 2/20/2024
CITY COUNCIL 14 OCTOBER 3, 2023

6. Kim Cordoba spoke in opposition to the item and spoke in support of option 1.

7. Dale Helvig spoke in opposition to the item and spoke in support of option 1.

8. Winston Covington spoke in opposition to the item and spoke in support of option 1.

9. Danny Vega spoke in opposition to the item and spoke in support of option 1.

Planning and Building Director Minh Thai gave a presentation regarding the Planning Commissions decision to deny modification to conditional use permits for a new service station at 2230 N. Tustin Ave.

Rebuttal

1. Michael Ayaz, appellant, requested the Council approve the appeal and remove condition no. 7.

Mayor Amezcua closed the Public Hearing at 9:06 P.M.

Councilmember Bacerra spoke in support of denying the appeal and upload the planning commission’s decision.

MOTION: Councilmember Bacerra moved to approved recommended action no. 1 Item No. 17, seconded by Councilmember Hernandez.

The motion carried, 5-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA
NONE

COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ
NONE
Status: 5 – 0 – 2 - Pass
RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting at 9:12 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 9:13 P.M.

City Council 9 – 99 2/20/2024
CITY COUNCIL 15 OCTOBER 3, 2023

18. Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street)
Legal notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September 21, 2023.

Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023- 02 and 2023-03 and upholding the Planning Commission’s approval of two resolutions to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed- use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street).

RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2023-02 AND 2023- 03 AND

UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE

CONSTRUCTION OF A MIXED-USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS:
400-051-02; 400-051- 09; 400-051-14; AND 400-051-15) (includes determination that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed-Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR (SCH No. 2006031041)).

MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Planning Commission’s decision to approve a site plan review and tentative tract map at Cabrillo Town Center.

Mayor Amezcua opened the public hearing at 9:26 P.P.

The following speaker addressed council via teleconference:

1. Marjan Abubo, appellant, spoke regarding the EIR and in opposition to the item.

The following speakers addressed Council in-person:

2. Ed MCoy, applicant, spoke regarding the project’s compliance and in support of the item.

City Council 9 – 100 2/20/2024
CITY COUNCIL 16 OCTOBER 3, 2023

3. Dave Rand, applicant, spoke regarding CEQA, EIR, and in support of the item.

4. Talia Nimmer, appellant, spoke regarding violation of CEQA and in opposition to the item.

5. John Tafoga spoke in opposition to the item.

Rebuttal
The following speakers addressed council via in-person

6. Dave Rand, applicant, spoke regarding the EIR analysis and in support of the item.

7. Talia Nimmer, appellant, spoke regarding the EIR analysis and in opposition of the item.

The following speakers addressed council via teleconference:

8. Marjan Abubo, appelleant, spoke regarding the EIR analysis and in opposition of the item.

City Clerk Jennifer L. Hall reported out the summary of emails three (3) e-comments received.

Mayor Amezcua closed the public hearing at 9:50 P.M.

Councilmember Bacerra spoke regarding the hiring of local workers, objectives of the proposed development plan, and in opposition to the item.

MOTION: Councilmember Bacerra moved to approve Appeal Application Nos. 2023-02 and 2023-03 and deny Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243), seconded by Councilmember Hernandez.

The motion carried, 5-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal), MAYOR PRO TEM
LOPEZ(recusal)
NONE
Status: 5 – 0 – 2 - Pass
MINUTES: After the public hearing items were heard Councilmember Phan and Mayor Pro Tem Lopez returned to the dais at 9:53 P.M.

City Council 9 – 101 2/20/2024
CITY COUNCIL 17 OCTOBER 3, 2023

16.Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require Two- Thirds Approval of all of the Members of the Santa Ana City Council to Amend the Ordinance in the Future
Department(s): City Attorney Office
Recommended Action: Consider the options described below and, at a minimum, act on Option Two by approving first reading of the ordinance to affirm prior Council adoption and consider approving first reading of an ordinance requiring two-thirds approval of all members of the Council to amend certain provisions of the ordinance in the future (Option Three); and also consider taking action to present a ballot measure to the voters to adopt a version of the current ordinance (Option Four) or an ordinance requiring two-thirds approval to amend certain provisions in the future (Option Five) with associated election details.

1. Take no action;
OR

2. Affirm prior Council action by approving the First Reading of an Ordinance Affirming the Santa Ana City Council’s Adoption of Ordinance No. NS-3027 Entitled An Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE NO. NS-3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA

MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); OR

3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances to Require Two-Thirds Approval by All of the Members of the City Council for Certain Future Amendments

BUSINESS CALENDAR
City Council 9 – 102 2/20/2024
CITY COUNCIL 18 OCTOBER 3, 2023
ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE

SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND

JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL

BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE
AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); AND/OR

4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council’s Adoption of a Rent Stabilization and Just Cause Eviction Ordinance and Providing for the Filing of Argument and Rebuttal Statement (This is a ballot measure for voter approval of the Option 2 version of the ordinance)
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024

FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL’S ADOPTION OF A RENT

STABILIZATION AND JUST CAUSE EVICTION ORDINANCE, REQUESTING

CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND

PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); AND/OR

5. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Amend the Rent Stabilization and Just Cause Eviction Ordinance to require Two-Thirds Approval by All the Members of the City Council for Certain Future Amendments and Providing for the Filing of Argument and Rebuttal Statements (This is a ballot measure for voter approval of the Option 3 version of the ordinance requiring two-thirds voter approval) RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 City Council 9 – 103 2/20/2024
CITY COUNCIL 19 OCTOBER 3, 2023

FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AMENDING THE CITY’S RENT STABILIZATION AND JUST CAUSE EVICTION

ORDINANCE TO REQUIRE TWO-THIRDS APPROVAL BY ALL OF THE MEMBERS

OF THE CITY COUNCIL FOR AMENDMENT OF CERTAIN PROVISIONS OF THE

ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE

GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines) MINUTES: City Attorney Sonia Carvalho gave a brief presentation regarding the options regarding whether to affirm the City Council adoption of the rent stabilization and just cause eviction ordinance.

Councilmember Hernandez spoke in support of options 3 and 4.

Councilmember Vazquez spoke in support of options 3 and 4.

Councilmember Bacerra asked for clarification regarding the proposed options and requested Council take no action.

Councilmember Phan spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting.

Mayor Pro Tem Lopez spoke in support of option 3 and requested staff bring back the ballot measure listed on option 4 at the next Council meeting.

Councilmember Penaloza asked for clarification regarding proposed option 3.

City Attorney Carvalho spoke regarding the proposed ordinance in option 3.

Councilmember Penaloza asked for the cost of the ballot measure and funding required.

City Clerk Jennifer L. Hall stated that the cost of ballot measure is estimated to be $8,500 per the Registrar of Voters Office (ROV) with additional allocation for translation and publication requiring a budget amendment.

Mayor Amezcua asked for clarification regarding the cost of a ballot measure.

City Clerk Hall spoke regarding the estimated costs for the General Election for November 2024.

City Council 9 – 104 2/20/2024
CITY COUNCIL 20 OCTOBER 3, 2023
MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tem Lopez.

MINUTES: Discussion ensued regarding all of the proposed options listed on the staff report.

Mayor Pro Tem Lopez stated she has not spoken to the City Manager or City Attorney regarding this agenda item.

Mayor Amezcua requested that City Clerk Hall provide costs associated with the election, and stated she spoke with the City Attorney to ask for clarification regarding an Ad-Hoc Committee to address ballot measures to be placed on the General Election ballot.

SUBSTITUTE MOTION: Councilmember Bacerra moved to approve recommended action No. 1 for Item No. 1, seconded by Mayor Amezcua.

The substitute motion failed, 3-4, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE
NONE
Status: 3 – 4 - Fail
MOTION: Councilmember Phan moved to approve recommended action no 3 for Item No. 16 and have staff bring back the ballot measure resolution, and election documents as listed on option 4 at the next Council meeting, seconded by Mayor Pro Tem Lopez.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 - Pass
**END OF BUSINESS CALENDAR**
City Council 9 – 105 2/20/2024
CITY COUNCIL 21 OCTOBER 3, 2023

PUBLIC HEARINGS
PUBLIC HEARING AGENDA ITEM NOs 17 and 18 WERE CONSIDERED OUT-OFORDER AND HEARD PRIOR TO BUSINESS CALENDAR AGENDA ITEM NO. 16.

CITY MANAGER COMMENTS
MINUTES: City Manager Kristien Ridge announced the following events:
• National Walk to School Day – October 4, 2023
• Santa Ana Birch Park Movie Series – October 5, 2023 at 5:30 P.M. • Police Oversight Commission meeting – October 6, 2023 at 3:00 P.M.
• Mid-Autumn Festival at Centennial Park – October 7, 2023 from 4:00 P.M. to 9:00 p.m.
• Public Works Agency Developing the first Street Lighting Master Plan

1. September 20-22, 2023 Councilmember Phan – League of California Cities Annual Conference in Sacramento, CA.

2. September 20-22, 2023 Councilmember Bacerra – League of California Cities Annual Conference in Sacramento, CA.

3. September 21-22, 2023 Councilmember Penaloza – League of California Cities Annual Conference in Sacramento, CA
MINUTES: Councilmember Vazquez spoke regarding multiple events he attended, expressed excitement for the Dia de Los Muertos Event, Noches de Altares Event, and Viva La Vida Event, and invited all to attend Valley High School’s Dia de Los Muertos Event on November 2, 2023.

Mayor Pro Tem Lopez thanked Public Works Agency and Parks, Recreation and Community Services Agency staff for their hard work and efforts and spoke regarding the unveiling of Santiago Park and future projects. She announced office hours at Portola Park.

Councilmember Penaloza - AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for his swearing-in ceremony as the 2nd Vice President of the Orange County Division of the League of California Citites and spoke regarding his experience.

Councilmember Hernandez thanked residents for their participation and Parks, Recreation and Community Services Agency for the unveiling of Santiago Park and their hard work City Council 9 – 106 2/20/2024
CITY COUNCIL 22 OCTOBER 3, 2023
and efforts, encouraged all to attend the MidAutumn Festival, spoke regarding future unveilings, and closed comments in memory of Felton Shipp.

Councilmember Bacerra- AB1234 Disclosure: The City of Santa Ana paid for his travel and expense to visit Sacramento for League of California Cities as voting delegate and spoke regarding his experience. He spoke regarding his attendance at several events and announced his monthly community office hours will be on Saturday, October 7, 2023 at 10:00 A.M. at George Upton All Access Park.

Councilmember Phan- AB1234 Disclosure: The City of Santa Ana paid for her travel and expense to visit Sacramento for League of California Cities and spoke regarding the ROVE groundbreaking event on September 28, 2023. She stated the Ward 1 team is collaborating with Santa Ana College on October 12, 2023 for an informational event regarding legal studies career path and wished her sister a Happy Birthday.

Mayor Amezcua spoke regarding the Habitat for Humanity ribbon cutting ceremony, Santiago Park Grand Opening and thanked staff for their hard work and efforts. She announced Coffee with the Mayor at October 7, 2023 from 10:00 A.M. – 12:00 P.M. at Davis Elementary and Girls Conference at Santa Ana College on November 4, 2023. She requested to add the rental registry presentation at the next City Council meeting.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:47 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 107 2/20/2024
City Council 2 10/9/2023
DRAFT Minutes of the Special Meeting of the
City Council
City of Santa Ana, California
October 9, 2023
CLOSED SESSION MEETING – 5:30 P.M.

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:36 P.M.

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

Councilmembers Bacerra, Penaloza, Phan, Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting during Closed Session.

PLEDGE OF ALLEGIANCE Mayor Amezcua
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda 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 5:38 P.M.

1. PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1)

2. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code §54956.9(d)(2):
• One (1) matter [personnel claim]
RECONVENE – City Council will reconvene to continue regular City business.

MINUTES: Mayor Amezcua reconvened the City Council to order at 6:26 P.M.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated that the City Council took action on Closed Session Agenda Item No. 1 PUBLIC EMPLOYEE SEPARATION/RELEASE pursuant to Government Code §54957(b)(1), by a vote of 6-1 (Mayor Pro Tem Lopez voting ‘No’) that the City Council has agreed to accept the resignation of City Manager Kristine Ridge effective October 9, 2023 and approved a severance and release agreement (Agreement No. 2023- 172).

City Council 9 – 109 2/20/2024
City Council 2 10/9/2023

COUNCIL COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Special City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 6:27 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 110 2/20/2024
City Council 1 October 17, 2023
DRAFT Minutes of the Closed Session and
Regular Meeting of the City Council
City of Santa Ana, California
October 17, 2023
CLOSED SESSION MEETING – 4:30 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:35 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
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 9 – 111 2/20/2024
City Council 2 October 17, 2023

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

Councilmembers Bacerra, Penaloza, Phan, Vazquez, and Mayor Amezcua were present.

Councilmember Hernandez and Mayor Pro Tem Lopez joined the meeting during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Clerk Jennifer L. Hall stated there were no revisions to the Closed Session Agenda.

Councilmember Phan reported a recusal for Closed Session Agenda Item No. 1 as the listed entities are clients of her employer.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda 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 4:36 P.M.

1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
• In re Aqueous Film-Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG
MINUTES: Councilmember Phan recused herself from Closed Session Item No. 1 and left the room at 4:48 P.M., returning at 4:59 P.M. following consideration of the item.

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

Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization:
• Santa Ana Police Officers Association (POA)

3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957
• Title: Acting City Manager/Interim City Manager/Permanent City Manager City Council 9 – 112 2/20/2024
City Council 3 October 17, 2023
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the Regular City Council meeting at 6:28 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
Acting City Manager
City Attorney
City Clerk
Steven A. Mendoza
Sonia R. Carvalho
Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members of the City Council were present.

PLEDGE OF ALLEGIANCE Police Chaplain Heather Riley
WORDS OF INSPIRATION Father Greg Marquez, Immaculate Heart of Mary Catholic Church
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall stated there were revisions to Agenda Item No. 22 to remove the reallocation of a position in the Community Development Agency.

AT 6:32 P.M. AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND

HEARD PRIOR TO CEREMONIAL PRESENATIONS

8. Appoint Members to the Parks, Recreation and Community Service Commission for a Two-Year Term to Represent Residents 55 and Older Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025.

City Council 9 – 113 2/20/2024
City Council 4 October 17, 2023

2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025.

MOTION: Mayor Amezcua moved to approve the recommended action for Consent Calendar Agenda Item No. 8, seconded by Councilmember Hernandez.

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 – 0 – 0 – Pass
MINUTES: City Clerk Jennifer L. Hall administered the Oaths of Offices to Silvia Reyes and David Dang.

CEREMONIALPRESENTATIONS

1. Proclamation presented by Mayor Amezcua to the City’s Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement Officer Appreciation Week.

2. Proclamation presented by Mayor Pro Tem Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month.

3. Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month.

MINUTES: Mayor Amezcua proclaimed October 9-13, 2023 as Code Enforcement Appreciation week and presented the proclamation to the Code Enforcement Team. She thanked the Code Enforcement Team for all their hard work and efforts.

Planning and Building Development Director Minh Thai thanked the Mayor for the proclamation and the team for their hard work and efforts.

Mayor Pro Tem Lopez proclaimed October 2023 as Domestic Violence Awareness Month and presented the proclamation to Radiant Futures.

Councilmember Bacerra proclaimed October 2023 as Filipino American History Month and presented the proclamation to the Philippine Consulate General Los Angeles.

CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD

PRIOR TO STAFF PRESENTATIONS
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

City Council 9 – 114 2/20/2024
City Council 5 October 17, 2023
MINUTES: City Attorney Sonia Carvalho reported action on Closed Session Agenda Item No. 3. She announced Steven Mendoza will be Acting City Manager and a nationwide search will be conducted for a new City Manager.

PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD

PRIOR TO STAFF PRESENTATIONS
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, with the exception of public hearings.

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

MINUTES: The following speakers addressed Council in-person:

1. David Mackler spoke in opposition to Agenda Item No. 19.

2. Irma Jauregui (translation: Spanish) spoke regarding non-citizen voting and in opposition to Agenda Item No. 27.

3. Phuong Vu (translation: Vietnamese) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

4. Vincent Tran spoke regarding non-citizen voting and in support of Agenda Item No.

27. 5. Lisa Nguyen spoke regarding non-citizen voting and in support of Agenda Item No.

27. 6. Maria Pina (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

7. Wendy Haase spoke regarding hotel visitor tax.

8. Julia Gomez spoke regarding non-citizen voting in the City of San Francisco and in support of Agenda Item No. 27.

9. Frank Atayde spoke regarding hotel visitor tax and expressed concern regarding criminal activity and homeless encampments around the Holiday Inn.

10. Celeste Rivero spoke regarding non-citizen voting and in support of Agenda Item No. 27.

11. Alan Vandevort spoke regarding rent stabilization and in opposition to Agenda Item No. 27.

12. Debra Russell spoke regarding non-citizen voting and in support of Agenda Item No. 27.

13. Melissa Mier expressed concern regarding the Orange County Transportation Authority Street Car project and the negative impacts to NOVA Academy. She requested the City Council address this concern.

City Council 9 – 115 2/20/2024
City Council 6 October 17, 2023

14. Cecilia Andrade (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

15. Maribel Aguilar (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

16.Edaena Hernandez (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

17. Maring Calderon (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

18.Flor Flores (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

19.Anabel Pineda Medina (translation: Spanish) expressed concern regarding the negative impacts of the OC Street Car project to NOVA Academy’s campus and students.

20.Tim Rush spoke in opposition to Agenda Item No. 27 and requested the Council address City issues.

21. Trinh Grant expressed concern regarding the rental registry information.

22. Teodoro Mendez (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

23. Claudia Morales (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

24. Victor Mendez spoke in support of the rent stabilization being placed on the ballot and expressed concern regarding the definition of non-citizen voting.

25. Jenna Narahara spoke regarding non-citizen voting in the City of San Francisco and spoke in support of Agenda Item No. 27.

26. Carlos Perea (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

27. Tin Nguyen spoke regarding non-citizen voting and in support of Agenda Item No.

27. 28. Angel Sanchez (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

29. Adelina Bailon (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

City Council 9 – 116 2/20/2024
City Council 7 October 17, 2023

30. Laura Panton (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

31. Silvia Avendano (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

32. Ana Charco spoke regarding non-citizen voting and in support of Agenda Item No.

27. 33. Gema Suarez (translation: Spanish) spoke regarding non-citizen voting and in support of Agenda Item No. 27.

34. Jannah spoke regarding non-citizen voting and in support of Agenda Item No. 27.

35. Naja Christmas spoke regarding non-citizen voting and in support of Agenda Item No. 27.

36. Katelyn Brazer Aceves spoke regarding non-citizen voting and in support of Agenda Item No. 27.

37. Joese Hernandez thanked the City Council for approval of art funds, spoke in support of Agenda Item No. 27 and expressed concern regarding the resignation of the previous City Manager.

The following speakers addressed Council via teleconference:

38. Sue Loftin spoke regarding rent stabilization and in opposition to Agenda Item No. 27.

39. Kaycee Nguyen spoke regarding non-citizen voting and in support of Agenda Item No. 27.

40. Michelle Gonzales spoke regarding rent stabilization and spoke in opposition of Agenda Item Nos. 26 and 27.

41. Aaron Saliba spoke regarding Doubletree Hotel renovations and increased security and expressed concern regarding homeless surrounding the hotel.

42. Mextli Lopez spoke in support of Agenda Item No. 27 and spoke regarding the legalities of the rental registry.

City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 23, Two (2) comments regarding Agenda Item No. 26, Eight (8) comments regarding Agenda Item No. 27, and ten (10) non-agenda comments.

STAFFPRESENTATIONS

4. Update from League of California Cities
City Council 9 – 117 2/20/2024
City Council 8 October 17, 2023
MINUTES: Acting City Manager Steven Mendoza stated the Update from League of California Cities presentation will be postponed for a future meeting.

5. Rental Registry Program Update
MINUTES: Housing Division Manager Judson Brown gave a presentation regarding the Rental Registry Program Update.

Mayor Amezcua spoke regarding residents’ concerns relating to the rental registry and asked for clarification regarding the information being sent out to residents.

Community Development Director Mike Garcia spoke regarding information, circulation of misinformation, and required documentation related to the rental registry.

Discussion ensued regarding the ordinance requirements, associated fees, implementation, enforcement and education of the program, revenue and funding, and circulation of misinformation.

Mayor Amezcua requested the presentation be agenized for the next Council meeting.

CLOSED SESSION REPORT WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5]

PUBLIC COMMENTS WERE CONSIDERED OUT OF ORDER AND WERE HEARD PRIOR TO STAFF PRESENTATIONS [SEE PAGE NO. 5]
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances
MINUTES: At 9:19 P.M., Councilmember Bacerra pulled Agenda Item No. 9, Councilmember Penaloza pulled Agenda Item No. 26, and Mayor Pro Tem Lopez pulled Agenda Item No. 16 for separate discussion and consideration.

Councilmember Hernandez announced a No vote on Agenda Item No. 25.

MOTION: Councilmember Hernandez move to approve Consent Calendar Item Nos. 6 through 26 with the exception of Agenda Item Nos. 9, 16, and 26, and Agenda Item No. 8 considered earlier in the meeting, seconded by Mayor Amezcua.

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

CONSENT CALENDAR
City Council 9 – 118 2/20/2024
City Council 9 October 17, 2023
AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VASQUEZ,

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

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

7. Minutes from the Special Closed Session and Regular Meeting of January 17, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

9. Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report
Department(s): Community Development Agency
Recommended Action: Receive and file SMART Program 2023 Progress Report.

MINUTES: Councilmember Bacerra requested CityNet be present to accept services for individuals being released from the jail.

Homeless Services Division Manager Kenneth Gominsky spoke regarding the release of inmates and stated placing a CityNet individual outside the jail would be difficult, and spoke regarding his audit experience with CityNet services and a potential operation partnership with Project Kinship.

Mayor Pro Tem Lopez asked for clarification related to the numbers for permanent housing and detox and mental health beds.

Homeless Services Division Manager Gominsky spoke regarding permanent housing and availability of beds.

Mayor Amezcua asked for clarification regarding the number of social workers.

Homeless Services Division Manager Gominsky spoke regarding the number of social workers and hours of services, and new laws and impacts related to mental health.

Discussion ensued regarding increased service hours from CityNet, collected data for calls for service, and associated costs and fees.

City Council 9 – 119 2/20/2024
City Council 10 October 17, 2023
MOTION: Councilmember Hernandez moved to approve the recommended action for Consent Calendar Agenda Item No. 9, seconded by Councilmember Bacerra.

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 – 0 – 0 – Pass

10. Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance
Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program.

2. Authorize the City Manager to update the City’s Down Payment Assistance Program to include City’s high school loan forgiveness incentive and increase the maximum debt-to-income ratios.

3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re-use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes)

11. Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund)
Department(s): Library
Recommended Action: Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney.

City Council 9 – 120 2/20/2024
City Council 11 October 17, 2023

12. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund)
Department(s): Library
Recommended Action:

1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1- year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-173).

2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes)

13. Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-174).

14. Approve an agreement with United States Geological Survey at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-175).

15. Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non-substantive changes approved by the City Manager and City Attorney.

City Council 9 – 121 2/20/2024
City Council 12 October 17, 2023

16. Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non-General Fund)
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-176).

MINUTES: Mayor Pro Tem Lopez requested additional bullets be added to the agreement reflecting a prohibition of new gas stations.

Acting City Manager Steven Mendoza spoke regarding the extensive outreach component to the agreement.

MOTION: Councilmember Bacerra moved to approve the recommended action for Consent Calendar Item No. 16, seconded by Mayor Amezcua.

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 – 0 – 0 – Pass

17. Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City’s role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-177).

City Council 9 – 122 2/20/2024
City Council 13 October 17, 2023

18. Approve Appropriation Adjustments and Award a Construction Contract to C.S.

Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23-6625) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior-Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to recognize $300,000 of prior-year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625).

4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 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.

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work.

6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project.

19. Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non-General Fund) Department(s): Public Works Agency
City Council 9 – 123 2/20/2024
City Council 14 October 17, 2023
Recommended Action:

1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project.

2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 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.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980).

5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project.

20. Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-178).

City Council 9 – 124 2/20/2024
City Council 15 October 17, 2023

21. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-179).

2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-180).

3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency – Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services-Professional expenditure account. (Requires five affirmative votes)

22. Adopt a Resolution to Add Positions in the City Attorney’s Office and the Public Works Agency. (Revised 10/16/2023)
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney’s Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398.

RESOLUTION NO. 2023-067 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY’S

OFFICE AND PUBLIC WORKS AGENCY

23. Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households.

Department(s): Planning and Building Agency
City Council 9 – 125 2/20/2024
City Council 16 October 17, 2023
Recommended Action:

1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned.

RESOLUTION NO. 2023-068 entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023-01 AS

CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02)

2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very lowincome households, at 1212 E. Fourth Street, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-181).

24. Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non-General Fund)
Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program.

RESOLUTION NO. 2023-069 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF

OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE

FUNDING PROGRAM

2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes)

3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-132).

25.Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code
First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting).

Published in the Orange County Reporter on October 9, 2023.

City Council 9 – 126 2/20/2024
City Council 17 October 17, 2023
Department(s): City Attorney Office
Recommended Action: Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code.

ORDINANCE NO. NS-3051 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA

ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) MINUTES: Councilmember Hernandez announced a No vote on Agenda Item No.

25. MOTION: Councilmember Hernandez move to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Mayor Amezcua.

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

26.Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments
First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting).

Published in the Orange County Reporter on October 9, 2023.

Department(s): City Attorney Office
Recommended Action: Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments.

City Council 9 – 127 2/20/2024
City Council 18 October 17, 2023
ORDINANCE NO. NS-3052 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA

MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE

EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines) read by title only and waive further reading.

MINUTES: Councilmember Penaloza spoke in opposition to the item.

MOTION: Councilmember Phan moved to approve the recommended action for Consent Calendar Item No. 26, seconded by Councilmember Hernandez.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 - 3 – Pass
**END OF CONSENT CALENDAR**
MINUTES: At 9:38 P.M., the Business Calendar was considered.

27. Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections
Department(s): City Attorney Office
Recommended Action: Consider the following options:

1. Take no action;
OR

BUSINESS CALENDAR
City Council 9 – 128 2/20/2024
City Council 19 October 17, 2023

2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election.

RESOLUTION NO. 2023-070 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL

MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED

VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION

ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF

SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”);
AND/OR

3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL

MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED

VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN

VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE

ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF

SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines City Council 9 – 129 2/20/2024
City Council 20 October 17, 2023
Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”)
MINUTES: City Attorney Sonia Carvalho presented the staff report.

Councilmember Penaloza expressed concern regarding the proposed resolution regarding rent stabilization (option 2) and the unanswered questions.

Councilmember Phan spoke in support of option 2.

Councilmember Vazquez spoke in support of option 2.

Councilmember Hernandez spoke regarding rent stabilization and in support of option

2. Councilmember Bacerra expressed concern regarding political grandstanding and spoke in opposition of rent stabilization (option 2).

Mayor Pro Tem Lopez spoke regarding voter opportunities and in support of option 2.

Mayor Amezcua expressed concern regarding who will run the election if the ordinance passes and political grandstanding, and spoke in opposition of option 2.

Discussion ensued regarding the next steps after the approval of the resolution.

MOTION: Councilmember Phan moved to approve recommended action no. 2, seconded by Councilmember Hernandez.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 - 3 – Pass
MINUTES: Councilmember Phan spoke in support of Option 3, requested revisions to the ballot measure to incorporate residency requirements, recitals, and charter amendment language, and have the item be brought back at the first meeting in November.

Councilmember Hernandez spoke regarding non-citizen voting and clarified what can be voted on, and in support of the requested revisions.

City Council 9 – 130 2/20/2024
City Council 21 October 17, 2023
Councilmember Vazquez requested additional language “shall be allowed to vote,” and in support of the requested revisions.

Councilmember Bacerra expressed concern regarding the unknowns and impacts surrounding the ballot measure related to non-citizen voting and in opposition to the item.

Discussion ensued regarding the proposed revised language, non-citizen voting and implementation by 2028.

Mayor Pro Tem Lopez spoke in support of the item and the proposed revisions.

Councilmember Penaloza suggested this item be further discussed, expressed concern regarding unknown answers and impacts related to non-citizen voting, and spoke in opposition to the item.

Mayor Pro Tem Lopez asked for clarification regarding an advisory question.

City Attorney Carvalho explained the purpose of an advisory question and a change in the charter.

Mayor Amezcua expressed concern regarding the unknowns of allowing non-citizen voting, spoke regarding having community outreach, and in opposition to this item.

MOTION: Councilmember Phan moved to return the resolution at the November 7, 2023 City Council meeting with a ballot measure that incorporates the additional recitals into the resolution as to who, why, revise the ballot measure and incorporate the fact that a charter amendment would be necessary to permit the non-citizen voters to participate in the election, specific the residency requirement of 30 days language, and incorporate the measure applies to all municipal elections by the 2028 election, seconded by Councilmember Hernandez.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM
LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 - 3 – Pass
**END OF BUSINESS CALENDAR**
City Council 9 – 131 2/20/2024
City Council 22 October 17, 2023

PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

28.Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre-Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023.

Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre-approved plans.

RESOLUTION NO. 2023-071 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING

UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE
DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE-APPROVED

ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460)
MINUTES: Mayor Amezcua opened the Public Hearing at 10:41 P.M.

There being no speakers, Mayor Amezcua closed the Public Hearing at 10:42 P.M.

Mayor Amezcua spoke in support of the item.

Councilmember Hernandez spoke in support of the item.

Councilmember Bacerra spoke in support of the item.

Councilmember Vazquez spoke in support of the item.

MOTION: Councilmember Hernandez moved to approve Item No. 28 to adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre-approved plans, seconded by Councilmember Bacerra.

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

City Council 9 – 132 2/20/2024
City Council 23 October 17, 2023
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 MANAGER COMMENTS
MINUTES: Assistant City Manager Steven Mendoza announced event at Memorial Pool on Saturday, October 21, 2023 from 12:00 P.M. – 3:00 P.M.

MINUTES: Councilmember Vazquez spoke regarding Taste of Santa Ana, thanked staff for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park.

Councilmember Hernandez thanked staff and his colleagues for their hard work and efforts, and spoke regarding the grand opening of Ed Caruthers Park and AB 436.

Councilmember Phan thanked the Parks, Recreation, and Community Services Department for their hard work on the Mid-Autumn Festival at Centennial Park and the sponsors, thanked Santa Ana College for their partnership with the Ward 1 Team related to an event for becoming a lawyer, announced her attendance and her experience at OC Water Summit event, and thanked Acting City Manager Steven Mendoza for stepping up.

Councilmember Bacerra thanked all residents and the community for coming out, spoke regarding the grand opening of Ed Caruthers Park, announced Coffee with the Mayor on October 28, 2023 in Ward 4 and community office hours on November 4, 2023, spoke regarding the Police Officers Association, and thanked Acting City Manager Steven Mendoza for stepping up.

Councilmember Penaloza thanked Acting City Manager Steven Mendoza for stepping up, announced community event on October 21, 2023 at Memorial Park and on October 18, 2023 community workshop meeting at Washington Elementary at 6:00 P.M. to go over plans for Memorial Park, and stated the mural will be preserved at Memorial Pool.

Mayor Amezcua spoke regarding Memorial Pool and Taste of Santa Ana, announced the Girls Inc. Conference at Santa Ana College on November 4, 2023 at 8:00 A.M. – 2:00 P.M. and Interfaith Meeting on October 11, 2023, spoke regarding the grand opening of Ed Caruthers Park, the clock tower on Flower St. having the wrong time, addressing issues at NOVA Academy and hotels, and wished everyone a safe Halloween.

City Council 9 – 133 2/20/2024
City Council 24 October 17, 2023
ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 11:08 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 134 2/20/2024
City Council 1 10/30/2023
DRAFT Minutes of the Special Meeting of the
City Council
City of Santa Ana, California
October 30, 2023

SPECIAL CLOSED SESSION MEETING AND
SPECIAL OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 5:40 P.M.

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

Councilmembers Bacerra, Hernandez, Phan and Vazquez, and Mayor Amezcua were present. Councilmember Penaloza arrived during Closed Session.

Mayor Pro Tem Lopez was absent.

PLEDGE OF ALLEGIANCE Mayor Amezcua
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.

MINUTES: Mayor Amezcua announced speakers would have a total of one minute to address the City Council.

The following speakers addressed the City Council in-person:

1. David Ball spoke in support of the continuance of the recall.

2. Yelena Ball spoke in support of the continuance of the recall.

3. Rory Kirk spoke in support of the continuance of the recall.

4. Sandra Medina read a letter from Basil Kimbrew in support of the recall.

5. Vianey Rojos (translation: Spanish) spoke in support of the continuance of the recall and expressed concern regarding her neighborhood’s security and homeless issue.

6. Dale Helvig spoke in support of the continuance of the recall.

7. Desi Reyes spoke in opposition to the recall.

8. Vanessa Davalos (translation: Spanish) spoke in support of the continuance of the recall.

9. Hairo Cortes expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall.

10. Alicia Rojas expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall.

11. Carl Benninger spoke in support of continuing the recall.

12. Tanya Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition to the recall.

City Council 9 – 136 2/20/2024
City Council 3 10/30/2023

13. Gaston Castellanos spoke in opposition to the recall.

14. Karla Navarro expressed concern regarding the certification of results related to the recall and spoke in opposition for the recall.

15. Jeffrey Cardenas spoke in opposition to the recall.

16. Vanessa Cerda spoke in opposition to the recall.

17. Sandra De Anda spoke in opposition to the recall.

18. Jose Marrufo spoke in opposition to the recall.

19. Laura Gomez (translation: Spanish) spoke in opposition to the recall.

20. Abel Alfaro (translation: Spanish) spoke in opposition to the recall.

21. Roberto Mejia (translation: Spanish) spoke in opposition for the recall.

22. Juanita Munoz (translation: Spanish) spoke in opposition to the recall.

23. Leslie Mejia spoke in opposition for the recall.

24. Les Hall spoke regarding the validity of the recall and in opposition to the recall.

25. Kristy Matias/Juan Carlos Rodriguez (translation: Spanish) spoke in opposition to the recall.

26. Veronica Garcia spoke in support of Mayor Pro Tem Lopez and in opposition to the recall.

27. Carlos Perea expressed concern regarding the validity of the recall and spoke in opposition to the recall.

28. Rocio Guzman (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and in opposition to the recall.

29. Kelly Kraus-Lee spoke regarding the cost related to the recall and spoke in opposition to the recall.

30. Ben Salazar spoke in support of Mayor Pro Tem Lopez, spoke regarding the validity of recall, and in opposition to the recall.

31. Guadalupe Ocampo (translation: Spanish) spoke in opposition to the recall.

32. Jannah spoke in opposition to the recall.

City Council 9 – 137 2/20/2024
City Council 4 10/30/2023

33. Debra Russell stated the recall is a waste of taxpayer money and spoke in opposition to the recall.

34. Claudia Morales (translation: Spanish) spoke in support of Mayor Pro Tem Lopez and spoke in opposition to the recall.

35. Jose Luis Rodriguez (translation: Spanish) spoke in opposition to the recall.

The following speakers addressed the City Council via teleconference:

36.Victor Payan,Media Arts Santa Ana spoke in opposition to the recall.

37.Pocha Pena Sarmiento expressed concern regarding the validity of the recall and spoke in opposition to the recall.

38. Isuri Ramos spoke in opposition to the recall.

39. Mark Lopez spoke regarding Mayor Pro Tem Lopez’s campaign contributions.

40.Patricia Boe spoke in opposition to the recall.

41.Yadira Torres spoke in opposition to the recall.

42. Mia Verdin spoke in opposition to the recall

43. Ray Diaz spoke in opposition to the recall.

44. Marybel spoke in opposition to the recall.

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

MINUTES: Mayor Amezcua recessed to consider the Special Closed Session items at 6:33 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
• One (1) case
City Council 9 – 138 2/20/2024
City Council 5 10/30/2023
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL SPECIAL OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Special Open Session City Council meeting to order at 8:18 P.M.

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

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

Mayor Pro Tem Lopez was absent.

ADDITIONS/DELETIONS TO THE AGENDA
MINUTES: None.

CLOSED SESSION REPORT
MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.

MINUTES: At 8:18 P.M. the Business Calendar was considered.

BUSINESS CALENDAR
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City Council 6 10/30/2023

3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action:

1. Take no action;
OR

2. Approve resolution(s);
AND/OR

3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) MINUTES: Councilmember Hernandez expressed concern regarding the validity of the recall, stated the recall should not continue as it is not legal, spoke regarding the recall campaign, and stated the City Clerk is legally required to rescind the certification of the results.

Councilmember Vazquez spoke regarding the Registrar of Voters (ROV) letter received.

Councilmember Phan spoke regarding the sufficiency of valid signatures to recall a member of the City Council and stated the resolution to recall Mayor Pro Tem Lopez should be rescinded.

Councilmember Bacerra inquired regarding the certification of sufficiency by the Registrar of Voters Office and whether the ROV’s Office has rescinded the certification of sufficiency certificate related to the recall election with an updated certification.

City Clerk Jennifer L. Hall answered questions regarding the certificate of sufficiency related to the recall petitions and stated the City has not received a rescinding letter from the Registrar of Voters Office.

Councilmember Bacerra stated the City of Santa Ana should not take responsibility for the Registrar of Voters Office mistakes.

Councilmember Penaloza spoke regarding the recall election and in support of recommended action no. 1 and he requested to not take action and let the courts decide.

MOTION: Councilmember Hernandez moved to approve recommended action no. 2 for Item No. 3, seconded by Councilmember Vazquez.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF City Council 9 – 140 2/20/2024
City Council 7 10/30/2023

THE CITY OF SANTA ANA DIRECTING THE CITY CLERK TO RESCIND THE

CERTIFICATE OF SUFFICIENCY FOR PETITION TO RECALL COUNCIL MEMBER

JESSIE LOPEZ, CANCELLING THE SPECIAL ELECTION CALLED AND NOTICED ON NOVEMBER 14, 2023, AND REPEALING RESOLUTION NOS. 2023-045, 2023- 055, AND 2023-056
SUBSTITUTE MOTION: Councilmember Penaloza moved to approve recommended action no. 1 for Item No. 3, seconded by Councilmember Bacerra.

The substitute motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ
NONE

MAYOR PRO TEM LOPEZ
Status: 3-3-0-1- Fail
The original motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PHAN, COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE

MAYOR PRO TEM LOPEZ
Status: 3-3-0-1- Fail
**END OF BUSINESS CALENDAR**

CITY MANAGER COMMENTS
MINUTES: None.

COUNCIL COMMENTS
MINUTES: Councilmember Vazquez expressed concern with the validity of the recall election.

Councilmember Hernandez stated he does not support illegal elections.

Councilmember Penaloza invited all to attend the Trunk or Treat Event at Memorial Park at 5:00 P.M.

Councilmember Phan expressed disappointment in the City Council.

City Council 9 – 141 2/20/2024
City Council 8 10/30/2023
ADJOURNMENT – Adjourn the City Council special meeting.

MINUTES: Mayor Amezcua adjourned the Special City Council meeting at 8:36 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 142 2/20/2024
CITY COUNCIL 1 11/07/2023
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
November 07, 2023
CLOSED SESSION MEETING – 4:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 4:03 P.M.

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

Councilmembers Bacerra, Phan and Vazquez, and Mayor Amezcua were present.

Councilmembers Hernandez and Penaloza and Mayor Pro Tem Lopez joined the meeting during Closed Session.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda 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 4:04 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

Jesus Morales Guerrero v. City of Santa Ana, Michael Claborn, and DOES 1 through 50, Orange County Superior Court, Case No. 30202101223509

2. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One matter [personnel claim]

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter

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

Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization:
• Santa Ana Police Officers Association (POA)
• Confidential Association of Santa Ana (CASA)

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1)
Title: City Attorney
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CITY COUNCIL 3 11/07/2023

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

Title: Acting City Manager

7. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957
Title: Acting City Manager/Interim City Manager/Permanent City Manager

8. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6
Agency Designated Representative: Sonia R. Carvalho, City Attorney Unrepresented Employee: City Manager
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

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CITY COUNCIL 4 11/07/2023

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 6:09 P.M.

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

Councilmembers Bacerra, Hernandez, Penaloza, Phan (arrived at 7:19 P.M.), and Vazquez, Mayor Pro Tem Lopez (arrived at 7:10 P.M.), and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Councilmember Bacerra
WORDS OF INSPIRATION Pastor Nati Alvarado
ADDITIONS \DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a clerical update regarding Agenda Item No. 7 and a revised staff report pertaining to Item No. 24, Glenwood Place Water Improvements, whereby they change the additional funding source and amend the recommended action accordingly to approve an appropriation adjustment pertaining to the funding.

CEREMONIALPRESENTATIONS

1. Proclamation presented by Mayor Amezcua to Beta Cell Foundation declaring November 2023 as Diabetes Month

2. Proclamation presented by Mayor Pro Tem Lopez to Family Court Awareness Month Committee declaring November 2023 as Family Court Awareness Month

3. City Tile and Proclamation presented by Councilmember Penaloza to Santa Ana Police Chief David Valentin Congratulating him on his Retirement and 33 years of City Council 9 – 146 2/20/2024
CITY COUNCIL 5 11/07/2023
Distinguished Service to the Community
MINUTES: Mayor Amezcua declared November 2023 as Diabetes Month and presented a proclamation to Beta Cell Foundation.

Mayor Pro Tem Lopez declared November 2023 as Family Court Awareness Month and presented a proclamation to the Family Court Awareness Month Committee.

Councilmember Penaloza spoke regarding the retirement of the Police Chief Valentin and congratulated him on his retirement and years of service.

STAFFPRESENTATIONS

4. U.S. Army Corps of Engineers Santiago Creek Flood Risk Management Project MINUTES: Public Works Director Nabil Saba gave a presentation regarding the U.S.

Army Corps of Engineers Santiago Creek Flood Risk Management Project.

5. Homelessness Update
MINUTES: Homeless Services Division Manager Ken Gominsky gave a presentation regarding the Homelessness Update.

Brief discussion and questions ensued regarding the digital data, case management and family finding, and the HMIS system.

Staff answered questions and provided clarification regarding the Homelessness Update.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated there was no reportable action.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES: Mayor Amezcua spoke regarding the Brown Act related to the public comments.

The following speakers addressed Council inperson:

1. Jon Dumitru spoke regarding a bet with Councilmember Bacerra.

2. Jack Brito spoke regarding traffic accidents throughout the City and submitted photographs.

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3. David Ball spoke in opposition to Agenda Item No. 39.

4. Yelena Ball spoke in opposition to Agenda Item No. 39.

5. Gilbert B. expressed concern regarding Council division.

6. Lisa Nguyen spoke in support of Agenda Item No. 39.

7. Dwight Hun spoke in support of Agenda Item No. 39.

8. Phuong (translation: Vietnamese) spoke in support of Agenda Item No. 39.

9. Vincent spoke in support of Agenda Item No. 39.

10. Jon Paul White spoke in opposition to Agenda Item No. 39.

11. Indigo Vu spoke in support of Agenda Item No. 39.

12. Paul Guzman spoke regarding the Santiago Creek.

13. Celeste Vasquez spoke in support of Agenda Item No. 39.

14. Celeste Rivero spoke in support of Agenda Item No. 39.

15. Claudia Morales (translation: Spanish) spoke in support of Agenda Item No. 39.

16. Araceli Robles (translation: Spanish) spoke in support of Agenda Item No. 39.

17. Tom Frazier expressed concern regarding flyers received related to Mayor Pro Tem Lopez’s recall.

18. Carlos Perea spoke regarding immigration law and in support of Agenda Item No. 39.

19. Amai Al Salek spoke in support of Agenda Item No. 39.

20. Mayra Ruiz spoke in opposition to Agenda Item No. 39.

21. Silvia Avendano (translation: Spanish) spoke in support of Agenda Item No. 39.

22. Lupe (translation: Spanish) spoke in opposition to Agenda item No. 39.

23. Gema Suarez spoke in support of Agenda Item No. 39.

24. Tracy La spoke in support of Agenda Item No. 39.

25. Citlali expressed concern regarding Palestine.

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CITY COUNCIL 7 11/07/2023
RECESS
MINUTES: Mayor Amezcua recessed the meeting at 7:44 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 7:45 P.M.

Mayor Amezcua expressed concern regarding the dialogue of public comment and requested the public adhere to the rules of decorum.

Councilmember Vazquez expressed concern regarding suppressing First Amendment rights.

City Attorney Sonia Carvalho spoke regarding the Brown Act related to public comments.

MOTION: Councilmember Vazquez moved to approve all subjects to be discussed during public comments, seconded by Councilmember Hernandez.

The motion carried, 5-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, MAYOR AMEZCUA
NONE
NONE
Status: 5 – 2 - Pass

26. Silvia Hernandez spoke regarding Agenda Item No. 39.

27. Jenna Narahara spoke in support of Agenda Item No. 39.

28. Louise Salomon spoke in opposition to Agenda Item No. 39.

29. Perla Dioricio spoke regarding the genocide in Palestine.

30. Juliana Musheyev spoke in support of Agenda Item No. 39 and spoke regarding solidarity with Palestine.

31. Daniel Riley spoke in support of Agenda Item No. 39.

32. Danny Vega spoke in support of the recall election.

33. Faby Jacome spoke in support of Agenda Item No. 39.

34. Susana Cruz thanked Mayor Amezcua for her hard work and efforts and spoke in opposition to Agenda Item No. 39.

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CITY COUNCIL 8 11/07/2023
The following speakers addressed Council via teleconference:

35.Kenny Le spoke in support of Agenda Item No. 39.

36.Andy O’Brien spoke regarding genocide in Palestine.

37. Khadija spoke in support of a resolution in solidarity with Palestine.

38. Tim Nguyen spoke in support of Agenda Item No. 39.

39. Maya Cheav spoke in support of Agenda Item No. 39 and a resolution in solidarity with Palestine.

40. Caller 061 spoke regarding Agenda Item No. 39.

41. Dale Helvig spoke regarding Item No. 29.

42.Kayla Asato spoke in support of Agenda Item No. 39 and a resolution in solidarity with Palestine.

43. Darnelle Jackson spoke in opposition to Agenda Item No. 39 and spoke in support of a resolution in solidarity with Palestine.

44.Kaycee Nguyen spoke in support of Agenda Item No. 39.

City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comments regarding Agenda Item No. 28, One (1) comment regarding Agenda Item No. 38, Ten (10) comments regarding Agenda Item No. 39, and five (5) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 37 and waive reading of all resolutions and ordinances
MINUTES: At 8:32 P.M. the Consent Calendar was considered.

Councilmember Hernandez requested to comment on Agenda Item Nos. 9 and 30.

Councilmember Bacerra pulled Agenda Item Nos. 9, 12, 26, and 29 for separate discussion and consideration, and requested to comment on Agenda Item No. 22.

Councilmember Phan recused herself from Agenda Item Nos. 30 (Agreement with America on Track) and 32 (Agreements with Dudek and EPD Solutions Inc.), as the listed entities are clients of her employer, Rutan and Tucker, and requested to comment on Agenda Item No. 37.

CONSENT CALENDAR
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CITY COUNCIL 9 11/07/2023
MOTION: Councilmember Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 6 through 37 with the exception of Agenda Item Nos. 9, 12, 26, and 29, 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.

7. Appoint Members to the Rental Housing Board Nominated by Mayor Pro Tem Lopez and Councilmember Vazquez for a Full Term Expiring in 2027 Department(s): City Clerk’s Office
Recommended Action:

1. Appoint Josephine Mendoza nominated by Mayor Pro Tem Lopez to the Rental Housing Board as a Mobilehome Tenant Representative for a full term expiring in 2027 and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes)

2. Appoint Tracy La nominated by Councilmember Vazquez to the Rental Housing Board as an AtLarge Member with no financial interest in and no ownership of incominggenerating rental housing for a full term expiring in 2027 and administer the Oath of Office. (Pursuant to SAMC Sec. 2326(a), requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administer the Oath of Office to Tracy La.

8. Minutes from the Regular Meetings of February 7, 2023 and February 21, 2023, and from the Special Closed Session and Regular Meetings of March 7, 2023 and March 21, 2023.

Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

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CITY COUNCIL 10 11/07/2023

9. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2023 to September 30, 2023
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for Housing Division projects and activities for the period of July 1, 2023 to September 30, 2023.

MINUTES: Councilmember Bacerra spoke regarding housing ordinances, applications received and approved, and increasing homeownership.

Mayor Amezcua requested additional language related to attendance be added to the report.

Councilmember Hernandez thanked staff for their hard work and efforts.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 9, seconded by Mayor Amezcua.

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

10. Approve Release of Nonprofit Community Development Block Grant Application for Fiscal Years 2024–26
Department(s): Community Development Agency
Recommended Action: Approve the release of Nonprofit Community Development Block Grant Application for Fiscal Years 2024–26.

11. Approve an Appropriation Adjustment Accepting the 2022 Proposition 69 – DNA Identification Funds and Award Purchase Order to Foster + Freeman for Crimelite AUTO Camera Kits for the Santa Ana Police Department in the amount of $113,462 (Specification No.23161) (NonGeneral Fund and General Fund) Department(s): Police Department
Recommended Action:

1. Approve an appropriation adjustment recognizing $103,500 in the Police Special Revenue account and appropriate same to expenditure account. (Requires five affirmative votes)
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CITY COUNCIL 11 11/07/2023

2. Authorize a onetime purchase and payment of Purchase Order to Foster + Freeman for three Crimelite AUTO camera kits in the amount of $113,462, subject to nonsubstantive changes approved by the City Manager and City Attorney.

12. Fiscal Year 202324 First Quarter Budget Report and Proposed Appropriation Adjustments
Department(s): Finance and Management Services
Recommended Action:

1. Approve the appropriation adjustments to General Fund expenditures as detailed in the body of this report, with a net reduction of $408,196 and a net reduction to the General Fund revenue estimates of $530,000. (Requires five affirmative votes)

2. Receive and file the First Quarter Budget Update.

MINUTES: Councilmember Bacerra spoke regarding the need to grow and increase revenue and urged a proactive approach in obtaining business license fees. He spoke regarding funding for libraries.

Finance Director Kathryn Downs spoke regarding proactive and reactionary approaches in business license fees.

Mayor Amezcua spoke regarding budget reductions and increases.

Finance Director Downs spoke regarding sales tax received from the state, revenue estimates and adjustments, sales tax revenue impacts, and new PP-GEMT program.

Councilmember Hernandez thanked Finance Director Downs for all her hard work and efforts and spoke regarding library projects, generating revenue, supporting Parks, Recreation and Community Services Department, attracting more visitors to generate a higher hotel tax revenue, and investing in the youth.

Councilmember Vazquez spoke regarding creating an AdHoc Committee to investigate and determine new revenue.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 12 as part of the Consent Calendar, seconded by Mayor Pro Tem Lopez.

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

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CITY COUNCIL 12 11/07/2023
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.Amend Blanket Order Contract with Grainger, Inc. for Maintenance, Repair, and Operational Supplies, for a revised nottoexceed amount of $1,450,000. (Specification No. 20001) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase the Blanket Order Contract authority with Grainger, Inc. for the purchase of maintenance, repair, and operational supplies by $100,000, for a revised annual amount nottoexceed $350,000 for the current contract term expiring December 31, 2023, and one remaining oneyear renewal option, subject to nonsubstantive changes approved by the City Manager and City Attorney.

14.Award Aggregate Blanket Order Contracts to 1Step Ahead, Branded Gifts Plus, BSN Sports, LLC, Loso Creation, and So. Cal Embroidery, LLC for Custom Imprint Clothing and Accessories, in a nottoexceed aggregate amount of $2,125,000 (Specification No. 23129A). (General Fund & NonGeneral Fund) Department(s): Finance and Management Services
Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of custom imprint clothing and accessories on an asneeded basis in an annual amount not toexceed $425,000, with a total aggregate contract amount nottoexceed $2,125,000, for an initial twoyear term expiring on November 30, 2025, with provisions for three, oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.

Vendor Location Location
1Step Ahead Huntington Beach, CA
Branded Gifts Plus El Cajon, CA
BSN Sports, LLC Dallas, TX
Loso Creation Santa Ana, CA
So. Cal Embroidery, LLC Santa Ana, CA
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CITY COUNCIL 13 11/07/2023

15.Amend Blanket Order Contract with ODP Business Solutions, LLC (Office Depot, Inc.) for Office Supplies, for a revised nottoexceed amount of $1,000,000 (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase the Blanket Order Contract authority with ODP Business Solutions, LLC for the purchase of office supplies by $75,000 per year for a revised annual amount nottoexceed $250,000 for the current contract term expiring May 31, 2024, and three remaining oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16.Amend the Blanket Order Contract for the Purchase of Paper Products and Miscellaneous Supplies with American Sanitary Supply, Inc., for a Revised Contract Amount Not to Exceed $1,220,000 for the Remainder of Contract Term and Remaining Renewal Options (Specification No. 21043) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend Blanket Order Contract with American Sanitary Supply, Inc., for paper products and related supplies, increasing the contract amount by $800,000, for a new total not to exceed $1,220,000, for the remainder of the current term expiring September 20, 2024, and the remaining oneyear renewal period, subject to nonsubstantive changes approved by the City Manager and City Attorney.

17.Amend the Blanket Order Contracts for the Purchase of Rock, Sand, and Gravel with PTI Sand & Gravel, Inc., for a New Amount Not to Exceed $1,012,500 (Specification 21134) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to increase the contract amount by $525,000, for a new annual amount not to exceed $247,500, and a total contract amount not to exceed $1,012,500 for the remainder of the current term expiring December 31, 2023, with three oneyear renewal periods, subject to nonsubstantive changes approved by the City Manager and City Attorney

18.Amend Blanket Order Contracts for Equipment Rentals with Sunbelt Rentals, United Rentals, and Herc Rentals for a Revised Total Amount not to Exceed $2,550,000 (Specification No. 22045) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the Blanket Order Contracts for equipment rentals to increase the annual aggregate amount by $290,000, for a revised total annual amount not to exceed $568,000, and a total contract amount not to exceed $2,550,000 for the remainder of the current term expiring April 19, 2024, and three remaining oneyear renewal periods, subject to nonsubstantive changes approved by the City Manager and City Attorney.

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19.Award Aggregate Blanket Order Contracts to Heritage Landscape Supply Group, Inc, SiteOne Landscape Supply, and Waterline Technologies, Inc. for Chemical Products, in An Aggregate Amount Not to Exceed $1,000,000 (Specification No. 23104) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Award aggregate Blanket Order Contracts to Heritage Landscape Supply Group, Inc., SiteOne Landscape Supply, and Waterline Technologies, Inc. for chemical products on an asneeded basis in an annual amount of $200,000 and total aggregate amount not to exceed $1,000,000 for an initial three year period beginning December 1, 2023 and expiring November 30, 2026, with provisions for two oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.

20.Award Purchase Order to Bizon Group, Inc. for Storage Containers (IFB 23103) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of Purchase Order to Bizon Group, Inc for thirteen new storage containers, in an amount not to exceed $128,430, subject to nonsubstantive changes approved by the City Manager and City Attorney.

21.Award a Purchase Order to Seavco Inc. dba Irv Seaver Motorcycles for Sixteen BMW Motorcycles in an Amount Not to Exceed $484,806 (Specification No. 23148); Appropriation Adjustment for Future Vehicle Purchases (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $1,235,687 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY 20232024 replacement vehicle expenditures. (Requires five affirmative votes)

2. Authorize a onetime purchase and payment of purchase order to Seavco Inc. dba Irv Seaver Motorcycles for sixteen BMW R 1250 RTP Motorcycles, in the amount of $479,806, plus a contingency amount of $5,000, for a total amount not to exceed $484,806, subject to nonsubstantive changes approved by the City Manager and City Attorney.

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22.Award Purchase Orders to Guaranty Chevrolet Motors, Inc. of Santa Ana and Penske Chevrolet of Cerritos in an Aggregate Amount Not to Exceed $706,035 (Specification No. 23149) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Authorize a onetime purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for three Chevrolet Silverado 2500HD and one Chevrolet Silverado 1500 trucks, in the amount of $388,202, plus a contingency amount of $20,000, for a total amount not to exceed $408,202, subject to non substantive changes approved by the City Manager and City Attorney.

2. Authorize a onetime purchase and payment of purchase order to Penske Chevrolet of Cerritos for six Chevrolet Colorado trucks, in the amount of $277,833, plus a contingency amount of $20,000, for a total amount not to exceed $297,833, subject to nonsubstantive changes approved by the City Manager and City Attorney.

MINUTES: Councilmember Bacerra thanked Public Works Director Nabil Saba for his hard work and efforts, and engaging with local businesses.

Councilmember Penaloza echoed previous comments.

Councilmember Hernandez thanked the Public Works Agency for their hard work and efforts and for purchasing union-made vehicles.

23.Award a Purchase Order to South Coast Bobcat for One Bobcat S66 Loader Vehicle with Trailer in an Amount Not to Exceed $128,968 (Specification No. 23160) (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to South Coast Bobcat for one Bobcat S66 with Trailer, in the amount of $118,968, plus a contingency amount of $10,000, for a total amount not to exceed $128,968, subject to nonsubstantive changes approved by the City Manager and City Attorney.

24.Approve An Appropriation Adjustment to Add Contingency Funds in the Amount of $310,000 for an Existing Construction Contract with Vido Samarzich, Inc., and Additional Contract Administration, Inspection and Testing in the Amount of $40,000 with an Estimated Project Delivery Cost of $1,650,000 for the Glenwood Place Water Improvements Project (Project No. 236476) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing prior year fund balance $350,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Street City Council 9 – 157 2/20/2024
CITY COUNCIL 16 11/07/2023
Improvement fund, Improvements Other Than Building expenditure account for FY 2023-2024 capital operating expenses. (Requires five affirmative votes)

2. Approve an amendment to the Project Cost Analysis in the amount of $350,000 for $310,000 in additional contingency funds and $40,000 in additional contract administration, inspection and testing for a new estimated total construction delivery cost of $1,650,000. The new estimated total construction delivery costs include $978,455 for the construction contract, $186,768 for contract administration, inspection and testing, and a $484,777 project contingency for unanticipated or unforeseen work, subject to non-substantive changes approved by the City Manager and City Attorney.

3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $350,000 for construction contingency funds, for the Glenwood Place Water Improvements Project (Project No. 23-6476).

25.Award a Construction Contract to Dominguez General Engineering, Inc. in the Amount of $2,133,362 for the North East Annexation Water & Sewer Main Improvements, with an Estimated Project Delivery Cost of $2,986,706 (Project Nos. 216453, 216619 & 246710) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing prior year fund balance of $711,814 in the Select Street Construction, Prior Year Carry Forward revenue account and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expenditure account for current year expenditures. (Requires five affirmative votes)

2. Approve an appropriation adjustment accepting California State Water Resources Control Board’s Drinking Water State Revolving Fund loan funds in the amount of $1,529,220 into the Sanitary Sewer Capital Recovery Charges, Financing Proceeds revenue account and appropriate the same amount to the Sanitary Sewer Capital Recovery Charges, Improvements Other Than Building expenditure account for current year expenditures. (Requires five affirmative votes)

3. Approve an amendment to the FY 202324 Capital Improvement Program to include $711,814 and $1,529,220 in construction funds for the North East Annexation Water & Sewer Main Improvements Project.

4. Award a construction contract to Dominguez General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,133,362, subject to change orders (nottoexceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the North East Annexation Water & Sewer Main Improvements Project, for a term beginning November 7, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

City Council 9 – 158 2/20/2024
CITY COUNCIL 17 11/07/2023

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,986,706 which includes $2,133,362 for the construction contract, $320,004 for contract administration, inspection, and testing, and a $533,340 project contingency for unanticipated or unforeseen work.

6. Determine that in accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the project and was filed with document number 202385000522.

26.Approve Municipal Facilities License Agreement with TMobile West LLC Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with TMobile West LLC for the use of certain City facilities for a tenyear period, with provisions for two automatic fiveyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023187).

MINUTES: Councilmember Bacerra inquired regarding the aesthetics of the installation of poles in the public right-of-way.

Public Works Director Nabil Saba spoke regarding the established guidelines related to the aesthetics.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 26, seconded by Councilmember Hernandez.

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

27.Award an Agreement to Revenue & Cost Specialists, LLC for Comprehensive Impact Fee Study Consulting Services Not to Exceed $115,150 (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consulting services agreement with Revenue & Cost Specialists, LLC for a twoyear term beginning November 7, 2023, and ending November 6, 2025 for the preparation of a Comprehensive Development Impact Fee Study, for a total amount not to exceed $115,150, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023188).

City Council 9 – 159 2/20/2024
CITY COUNCIL 18 11/07/2023

28.Approve Amendments to Agreements with Eduardo Garcia dba Dynamic Video Communications, LLC, IPTV International Inc. dba TV Pro Gear, Inc., and Thomas Bystry dba Video Engineering Services to Continue Video Production Services for City Council Meetings and Other AsNeeded Video Services (General Fund) Department(s): City Manager Office
Recommended Action: Authorize the City Manager to execute first amendments to the agreements with Dynamic Video Communications, LLC, TV Pro Gear, Inc., and Video Engineering Services to continue video production services for City Council meetings and other asneeded video services for the period of January 1, 2024 through December 31, 2024, for a shared aggregate amount not to exceed $200,000, for a total aggregate amount not to exceed $800,000 subject to substantive changes approved by the City Manager and City Attorney (Agreement No. 2023189).

29.Approve a Second Amendment to the Agreement with RSG, Inc. for the Administration, Management, and Implementation of the Rent Stabilization and Just Cause Eviction Ordinance on an AsNeeded Basis in an Amount not to exceed $500,000
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a Second Amendment to the Agreement with RSG, Inc., for the administration, management, and implementation of the Rent Stabilization and Just Cause Eviction Ordinance, for an amount not to exceed $500,000, for a total agreement amount not to exceed $1,300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023190).

MINUTES: Councilmember Bacerra spoke in opposition to the item.

Councilmember Penaloza spoke in opposition to the item.

Community Development Executive Director Mike Garcia spoke regarding the establishment of the rental registry database and collection of fees.

Mayor Pro Tem Lopez spoke in support of the item.

MOTION: Councilmember Bacerra moved to not approve the recommended action for Item No. 29, seconded by Councilmember Penaloza.

SUBSTITUTE MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 29, seconded by Mayor Pro Tem Lopez.

The substitute motion carried, 4-3, by the following roll call vote:

City Council 9 – 160 2/20/2024
CITY COUNCIL 19 11/07/2023
AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass

30.Approve an Agreement with America on Track and Nati’s House dba Neutral Ground for Gang Prevention and Intervention Program Services that promotes a proactive, preventative approach to addressing concerns with atrisk youth and gang activity (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to execute an agreement with America on Track in the amount of $200,000 for a oneyear term, with an option to extend for one year, for a twoyear aggregate total not to exceed $400,000, for gang prevention and intervention services, for a term beginning December 1, 2023, subject to non substantive changes approved by the City Manager and City Attorney (Agreement No. 2023191).

2. Authorize the City Manager to execute an agreement with Nati’s House dba Neutral Ground in the amount of $200,000 for a oneyear term, with an option to extend for one year, for a twoyear aggregate total not to exceed $400,000, for gang prevention and intervention services, for a term beginning December 1, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023192).

MINUTES: Councilmember Phan reported a recusal on recommended action no. 1 for Item No. 30 and left the dais at 9:02 P.M.

Councilmember Hernandez spoke in support of the item.

Mayor Amezcua spoke in support of the item and requested additional data.

Mayor Pro Tem Lopez spoke in support of the item.

MOTION: Councilmember Hernandez moved to approve the recommended action no. 1 for Item No. 30 as part of the Consent Calendar, seconded by Councilmember Penaloza.

The motion carried, 6-0-1, by the following roll call vote:

City Council 9 – 161 2/20/2024
CITY COUNCIL 20 11/07/2023
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
MINUTES: Councilmember Phan returned to the dais at 9:06 P.M.

MOTION: Councilmember Hernandez moved to approve the recommended action no. 2 for Item No. 30 as part of the Consent Calendar, 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

31.Approve a First Amendment to the Agreement with Jorge Melgoza, DBA Ardent Ergonomics for Preventative Ergonomics Assessments
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with Jorge Melgoza, DBA Ardent Ergonomics, to continue to provide preventative ergonomic assessments for City employees for an additional amount not to exceed $50,000 (not to exceed $100,000 for the entirety of the Agreement expiring on November 22, 2024), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023193).

32.Approve Agreements for Qualified Consultants to Provide OnCall Environmental and Planning Services for Planning Projects and Supplemental Staff Services for an Aggregate Amount Not to Exceed $4,950,000, for up to a FiveYear Term.

Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute agreements to engage each of the 35 environmental and planning services firms listed below, as needed, for a period of five years beginning November 7, 2023 through November 7, 2028, to provide oncall environmental, technical, and planning services for the Planning and Building Agency at the fees set forth in their responses to Request for Qualifications (No. 23142) for an aggregate amount not to exceed $4,950,000, for up to a fiveyear term, subject to City Council 9 – 162 2/20/2024
CITY COUNCIL 21 11/07/2023
nonsubstantive changes by the City Manager and City Attorney (Agreement No. 2023194).

Consultants
Architectural Resource Group Interwest
Ardurra Kimley Horn
Ascent MGroup
Aspen Environmental Group Michael Baker International
Chambers Group MIG,Inc.

Circlepoint Placeworks
CSG Consultants Psomas
De Novo Planning Group RE Consulting
Dudek Rincon Consultants, Inc.

ECORP Consulting, Inc. Sagecrest Planning and Environmental, LLC EcoTierra Consulting T&B Planning, Inc.

ELMT Consulting Terracon
Envicom Corporation The Code Group
EPD Solutions, Inc. UES
FCS International, Inc. Ultra Systems Environmental, Inc.

GPA Consulting VCS Environmental
Harris & Associates WilldanEngineering
Helix Environmental Planning
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 32 as part of the Consent Calendar, seconded by Councilmember Penaloza.

MINUTES: Councilmember Phan recused herself from the Agreements with Dudek and EPD Solutions, Inc.

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
City Council 9 – 163 2/20/2024
CITY COUNCIL 22 11/07/2023

33.Historic PropertyPreservation Agreements
Department(s): Planning and Building Agency
Recommended Action:

1. Authorize the City Manager, or designee, to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney.

Property Owner(s) Historic Property
Preservation
Agreement No.

Address/House Vote by
HRC
The Peterson
Living Trust Dated
August 15, 2003
202307
(Agreement No.
2023-195)
1908 North
Greenleaf Street
8:0:0:0
4th and Broadway
OZ SPE, LLC, a
Delaware Limited
Liability Company
202308
(Agreement No.
2023-196)
302 West Fourth
Street
8:0:0:0

2. Determine that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemptions ER No. 202361 and ER No. 202378 will be filed for the projects.

34.First Amendment to Agreement with TriTech Software Systems for Computer Aided Dispatch and Records Management System Software (General Fund) Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the First Amendment to the agreement with TriTech Software Systems for the continued implementation as well as support and maintenance of Computer Aided Dispatch and Records Management System software for an additional threeyear period beginning November 23, 2023 through November 22, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023197).

35.Adopt a Resolution, Approve an Agreement and Appropriation Adjustment Accepting the FY 2022 Emergency Management Performance Grant (NonGeneral Fund)
Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management and/or disaster recovery, provided by the U.S. Department of Homeland Security and subgranted through the State of California and the County of Orange.

City Council 9 – 164 2/20/2024
CITY COUNCIL 23 11/07/2023
Resolution No. 2023072 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HER DESIGNEE(S) TO OBTAIN 2022 EMERGENCY MANAGEMENT

PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE

2. Authorize the City Manager to execute a twoyear agreement with the County of Orange for the period of July 1, 2022 through June 30, 2024, for the FY 2022 Emergency Management Performance Grant in an amount not to exceed $52,569, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023198).

3. Approve an appropriation adjustment recognizing $52,569 in Law Enforcement Grants revenue account, and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five affirmative votes)

36.Award Purchase Order to Advanced Exercise Fitness Solutions for Exercise Equipment in the Amount of $76,203 and Resolution to Accept Donation of Exercise Equipment for the Santa Ana Police Department Fitness Center (Specification No. 23169) (NonGeneral Fund)
Department(s): Police Department
Recommended Action:

1. Authorize a onetime purchase and payment of Purchase Order to Advanced Exercise Fitness Solutions for various Life Fitness cardio and Hammer Strength exercise equipment and installation for the Santa Ana Police Department Fitness Center in the amount of $76,203.

2. Adopt a resolution accepting the donation of two Life Fitness Treadmills, valued at $14,743.97, from the Santa Ana Police Officers Association.

RESOLUTION NO. 2023073 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ACCEPTING THE DONATION OF GYM

EQUIPMENT FROM THE SANTA ANA POLICE OFFICER ASSOCIATION FOR USE IN THE BRUCE R. CARLSON FITNESS CENTER LOCATED AT THE

SANTA ANA POLICE DEPARTMENT

37.Resolution Authorizing the Grant Application, Acceptance, and Execution of Grant Funds from the California State Library’s Building Forward Library Facilities Improvement Program.

Department(s): Library
Recommended Action: Adopt a resolution authorizing the application, acceptance, and execution of grant funds from the California State Library’s Building Forward Library Facilities Improvement Program, approval to implement the awarded project, and designate Library Services Director, Brian Sternberg, as the Authorized Representative to enter into the grant agreement.

City Council 9 – 165 2/20/2024
CITY COUNCIL 24 11/07/2023
RESOLUTION NO. 2023-074 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE GRANT APPLICATION,

ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2022 (AB 178) OR THE STATE OF CALIFORNIA BUDGET ACT OF 2023 (SB 101)
MINUTES: Councilmember Phan expressed excitement and spoke in support of the item.

Councilmember Hernandez thanked staff for their hard work and expressed support for the item.
**END OF CONSENT CALENDAR**
MINUTES: At 9:07 P.M., the Business Calendar was considered.

38.Rental Registry Informational Report
Department(s): Community Development Agency
Recommended Action: Accept informational report and provide direction to staff.

MINUTES: Community Development ExecutiveDirector Mike Garcia gave a presentation regarding the Rental Registry Informational Report.

Mayor Amezcua inquired regarding the information no longer being collected and the required documents.

Rent Stabilization Manager Maricela Marquez spoke regarding the information and documentation no longer required or collected related to the rental registry.

Councilmember Bacerra spoke regarding complaints data.

Rent Stabilization Manager Marisela Marquez spoke regarding collection and retention of data.

Councilmember Phan thanked Manager Marquez for all her hard work and efforts and inquired regarding complaints data retention
City Clerk Jennifer L. Hall spoke regarding the retention of data and redaction of private information.

Manager Marquez spoke regarding retention of data by the department.

Councilmember Hernandez thanked staff for the presentation, information, and resources provided to the public

BUSINESS CALENDAR
City Council 9 – 166 2/20/2024
CITY COUNCIL 25 11/07/2023
Acting City Manager Steven A. Mendoza clarified the retention of emails and spoke highly of Rent Stabilization Manager Maricela Marquez.

39.Consider Whether to Adopt a Resolution Calling and Giving Notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing a Ballot Measure Before the Voters Asking Whether to Amend the Santa Ana City Charter to Authorize and Implement Noncitizen Voting in Municipal Elections Department(s): City Attorney Office
Recommended Action: Approve a Resolution Calling and Giving Notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters Proposing an Amendment to the Santa Ana City Charter to Authorize and Implement Noncitizen Voting in Municipal Elections.

RESOLUTION NO. 2023075 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR

THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF

THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS (includes determination that the Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a “project” as defined in section 15378 of the State CEQA Guidelines) MINUTES: City Attorney Sonia Carvalho gave a brief report regarding the proposed resolution.

Councilmember Hernandez spoke regarding the democratic process of voting for or against the item, and requested amended language to the resolution to include ‘shall the City of Santa Ana’s City Charter be amended to allow, by the November 2026 General Municipal Election non-citizen City residents including those who are taxpayers and parents, to vote in all of City of Santa Ana’s municipal elections.’ Councilmember Vazquez spoke regarding the reason for non-citizen voting.

Mayor Amezcua inquired regarding the cost of litigation.

City Attorney Carvalho provided estimated costs of initial legal fees of $500,000, and up to double the amount for additional legal fees, and spoke regarding the length of time for litigation, outside legal counsel costs, and existing litigation costs.

Councilmember Phan requested clerical edits to five whereas clauses in the resolution, amended ballot measure language ‘shall the City of Santa Ana’s City Charter be amended to allow, by the November 2028 General Municipal Election, nonCity Council 9 – 167 2/20/2024 CITY COUNCIL 26 11/07/2023
citizen City residents, including those who are taxpayers and parents, to vote in all of City of Santa Ana’s municipal elections,’ and regarding Section 1203 add definition of municipal elections before the last sentence ‘municipal elections include all local elections at which the Mayor and City Council members or any other municipal officers are elected ballot measures are considered and initiatives and referendums are proposed,’ and the last sentence ‘November 2028.’
Councilmember Hernandez expressed support for Councilmember Phan’s amendments.

City Attorney Carvalho clarified that staff recommendation is version one and version two is proposed amendments by Councilmember Phan.

Councilmember Vazquez spoke in support of version two and spoke regarding the cost of litigation versus the cost of a special recall election.

MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 39, as amended (Version Two), seconded by Councilmember Hernandez.

MINUTES: Councilmember Bacerra spoke in opposition to the item and expressed concern regarding the cost of litigation.

Mayor Amezcua inquired regarding the process and costs if the Registrar of Voters Office does not take on the election.

City Clerk Jennifer L. Hall spoke regarding an in-house elections process and estimated costs associated with a standalone election, provided an approximate initial start-up for equipment of $664,000 - $884,000, operating costs of $689,000 $832,000, and one standalone election cost of $1.35$1.69 million. She stated costs are in reference to a surrounding Orange County city with a similar population size and clarified additional research is necessary to provide full economic impact.

Mayor Amezcua expressed concern regarding the process and costs associated with the election and inquired where monies would come from.

Acting City Manager Steven A. Mendoza stated costs would come from the general fund and spoke regarding a study conducted for municipal health agency.

Discussion ensued regarding costs associated with the election, litigation, processes, required personnel, the right to vote, research, legalities, and implementation.

Councilmember Penaloza expressed concern regarding the unknowns, funding and lack of discussion and he stated he would not support this item until discussion and research have been done.

Councilmember Phan spoke in support of the item.

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CITY COUNCIL 27 11/07/2023
Councilmember Bacerra spoke regarding the importance of completing a thorough study.

Mayor Pro Tem Lopez expressed concern regarding Council blocking funding.

Mayor Amezcua expressed concern regarding funding and the unknowns.

MOTION: Councilmember Vazquez moved to approve the recommended action for Item No. 39, as amended (Version Two), seconded by Councilmember Hernandez.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE
NONE
Status: 4 – 3 – Pass
**END OF BUSINESS CALENDAR**
RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting to convene the Housing Authority meeting at 10:18 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 10:20 P.M.

CITY MANAGER COMMENTS
MINUTES: None.

MINUTES: Councilmember Vazquez spoke regarding the genocide of Palestine and stated he and Councilmember Hernandez would bring a resolution in solidarity with Palestine and ceasefire forward.

Mayor Pro Tem Lopez stated she would release her office hour flyers and invited all to attend the Veterans Day events.

Councilmember Phan thanked Assemblymember Valencia and Congressmember Correa for the invitation to the Youth Congressional Leaders Panel, thanked staff for all their hard work and efforts, and thanked veterans for their service.

City Council 9 – 169 2/20/2024
CITY COUNCIL 28 11/07/2023
Councilmember Hernandez thanked all for their attendance, and staff for their hard work and efforts and spoke regarding a resolution in solidarity with Palestine and a ceasefire and the Native American Heritage Festival on November 12.

Councilmember Bacerra wished all veterans a Happy Veterans Day! Mayor Amezcua spoke regarding ethics complaints from Former City Manager Kristine Ridge concerning Councilmember Hernandez. She stated it is a confidential matter and in accordance with Section 401.5 of the City Charter the Mayor appointed an AdHoc Committee which met several times to review documents and spoke with staff members regarding the matter. The Committee proposed to Council that they refer the matter to the City Attorney for an investigation by an independent investigator. She thanked all residents that attended the Santiago Creek meeting and requested a report from the Joint School Board and City Council meeting, noted her attendance at Girls Conference at Santa Ana College and thanked all those who volunteered at the event. She wished everyone a Happy Veterans Day and thanked them for their service.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 10:33 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 170 2/20/2024
CITY COUNCIL 1 November 21. 2023
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
November 21, 2023
CLOSED SESSION MEETING – 5:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:04 P.M.

CLOSED SESSION
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 9 – 171 2/20/2024
CITY COUNCIL 2 November 21. 2023

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

Councilmembers Penaloza, Phan and Vazquez, and Mayor Amezcua were present.

Councilmember Bacerra and Hernandez, and Mayor Pro Tem Lopez joined the meeting during Closed Session. Councilmember Hernandez was absent.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: City Clerk Jennifer L. Hall announced there were no public comments regarding Closed Session.

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 5:05 P.M.

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

Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization:

Service Employees’ International Union (SEIU) PartTime Civil Service Employees

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Acting City Manager/Interim City Manager/Permanent City Manager CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

City Council 9 – 172 2/20/2024
CITY COUNCIL 3 November 21. 2023

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 5:35 P.M.

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

Councilmembers Bacerra, Hernandez (arrived at 5:40 P.M.), Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Fire Chief James Henerey
WORDS OF INSPIRATION Pastor Tommy Cota
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: Acting City Manager Steven A. Mendoza announced changes to Agenda Item No. 32 exhibit 1 language in section 1- l of the Resolution should state, “Moreover, finding ‘b’ of Section 66474 as part of the SMA can be made.” and Agenda Item No. 34 exhibit 2 section 6 entitled Conflict of Interest, Retiree shall notify the City Council of the conflict instead of just the Mayor.

CEREMONIALPRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to The Seva Collective for Outstanding Contributions to the Community
MINUTES: Mayor Amezcua presented a certificate of recognition to the Seva Collection for Outstanding Contributions to the Community.

City Council 9 – 173 2/20/2024
CITY COUNCIL 4 November 21. 2023

2. Certificate of Recognition presented by Councilmember Bacerra to Roquette’s Cafe & Bistro in Honor of their OneYear Anniversary
MINUTES: Councilmember Bacerra presented a certificate of recognition to Roquette’s Cafe & Bistro in honor of their oneyear anniversary and contributions to the local economy.

STAFFPRESENTATIONS

3. Update from League of California Cities
MINUTES: Connor Medina, Regional Public Affairs Manager, gave a presentation and update from the League of California Cities.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES:

The following speakers addressed the City Council in person:

1. Manuel Pineda spoke regarding a personal case.

2. Arturo Arteaga (translation: Spanish) expressed concern regarding harassment by the City and the Police Department on Central and Main Street on his small business and requested the City aid in assisting small businesses.

3. Antonio Quiroz (translation: Spanish) expressed concern regarding harassment by the City and the Police Department at his lunch truck on Central and requested the City assist small businesses.

4. Betty Lopez (translation: Spanish) expressed concern regarding harassment by the City and the Police Department at lunch trucks, the inability to work, and lack of sales.

5. Abdul Yousef spoke regarding the environment at Gaza and requested a cease fire resolution.

6. Claudia Morales (translation: Spanish) expressed excitement for the failed recall efforts regarding Mayor Pro Tem Lopez.

7. Kadish Aburun spoke regarding the environment at Gaza and requested a cease fire resolution.

City Council 9 – 174 2/20/2024
CITY COUNCIL 5 November 21. 2023

8. Jesus Vazquez spoke regarding Israel and Palestine.

9. Mario Alvarado spoke regarding elected officials' decorum at City Council meetings and representation of Ward 5.

10.Mia Verdin congratulated Mayor Pro Tem Lopez on beating the recall and spoke regarding transpired City events in the past 11 months.

The following speakers addressed the City Council via teleconference:

11.Nadeh Vali requested a cease fire resolution be placed on the agenda.

12.Santa Ana Resident 3 echoed previous speakers' request to place the cease fire resolution on the agenda.

13. Joese Hernandez congratulated Mayor Pro Tem Lopez on beating the recall and spoke regarding the loss of funds related to the recall.

14.Ed McCoy spoke regarding Agenda Item No. 32.

City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 30, One (1) comment regarding Agenda Item No. 32, and Five (5) non-agenda comments.

COUNCIL COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO

THE CONSENT CALENDAR

MINUTES: Councilmember Vazquez stated what he is thankful for.

Councilmember Phan thanked all who participated in and sponsored the Santa Anita Neighborhood Association Turkey Event, Parks and Recreation staff for Plaza Navideña, and stated what she is thankful for.

Mayor Amezcua announced a Board of Supervisors meeting on Tuesday, November 28, 2023 at 9:00 A.M. related to the Mental Health Association, thanked all for their assistance, sponsorship, and participation in turkey giveaway events, encouraged those with complaints to fill a complaint form at the Police Department and spoke regarding the tree lighting ceremony. She wished everyone a Happy Thanksgiving.

Councilmembers Bacerra, Hernandez, Penaloza, and Mayor Pro Tem Lopez stated they would provide their comments at the end of the meeting.

City Council 9 – 175 2/20/2024
CITY COUNCIL 6 November 21. 2023
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 33 and waive reading of all resolutions and ordinances
MINUTES: At 6:52 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item Nos. 14 and 16 and Councilmember Penaloza requested to comment on Agenda Item No. 16.

Councilmember Bacerra pulled Agenda Item Nos. 6 and 29 for separate discussion and consideration.

Councilmember Phan recused herself from Agenda Item No. 28 as the listed entity, Dyer 18, LLC, is a client of her employer, Rutan and Tucker, and Agenda Item No. 32 per Government Code Section 84308.

Mayor Pro Tem Lopez pulled Agenda Item No. 6 for separate discussion and consideration and recused herself from Agenda Item No. 32 consistent with her position at the October meeting.

MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 4 through 33 with the exception of Agenda Item Nos. 6 and 29, seconded by Councilmember Hernandez.

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

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

5. Minutes from the Special Closed Sessions and Regular Meetings of April 4, 2023 and April 18, 2023
Department(s): City Clerk’s Office

CONSENT CALENDAR
City Council 9 – 176 2/20/2024
CITY COUNCIL 7 November 21. 2023
Recommended Action: Approve minutes.

AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION.

6. Review and Approve the Annual Calendar of City Council Meetings for 2024 Department(s): City Clerk’s Office
Recommended Action:

1. Review calendar of regularly scheduled City Council meetings in 2024.

2. Cancel the regularly scheduled City Council meetings of January 2, 2024, August 6, 2024, and November 5, 2024.

3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code.

MINUTES: Councilmember Bacerra requested the meeting of July 2, 2024 be canceled, August 6, 2024 be left, and add July 30, 2024 as a special meeting.

Councilmember Phan requested the meeting of July 2, 2024 and September 3, 2024 be cancelled, add July 30, 2024 special meeting, and leave the August 6, 2024 meeting.

MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 6, as amended, to cancel the July 2 and September 3, 2024 meetings, add the July 30, 2024 Special meeting, and leave the August 6, 2024 meeting, seconded by Councilmember Phan.

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

7. City's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought Remains
Department(s): Public Works Agency
Recommended Action: Approve the City of Santa Ana's response to the findings and recommendations of the 20222023 Orange County Grand Jury Report, Historic Rains, Yet Drought Remains, pursuant to Penal Code Sections 933 and 933.05.

City Council 9 – 177 2/20/2024
CITY COUNCIL 8 November 21. 2023

8. Receive and File Quarterly Report of Investments as of September 30, 2023 Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Investments as of September 30, 2023.

9. Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2023 to September 30, 2023.

10. Award Aggregate Blanket Order Contracts to Clean Space Project, LLC & Essential Care Supplies, Inc. for Nitrile Gloves in a NottoExceed Aggregate Amount of $200,000 (Specification No. 23139) (General Fund)
Department(s): Police Department
Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of nitrile gloves on an asneeded basis in an annual amount not to exceed $40,000, with a total aggregate contract amount not to exceed $200,000, for an initial oneyear term expiring on November 14, 2024, with provisions for four, oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney.

Clean Space Project, LLC Wheat Ridge, CO
Essential Cares Supplies, Inc. Los Angeles, CA

11. Amend Blanket Order Contract with Hardy & Harper, Inc. for Asphalt Street Maintenance to Extend the Final Contract Term for an Additional 12 Month Period and Increase Total Contract for a Revised Total Not to Exceed Amount of $8,590,000 (Specification No. 18084) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the blanket order contract with Hardy & Harper, Inc. for asphalt street maintenance to extend the contract term for an additional 12 month period ending November 30, 2024, and increase the annual contract amount by $850,000 during the final extension period, for a revised total annual amount of $2,290,000, and total contract amount not to exceed $8,590,000 subject to nonsubstantive changes approved by the City Manager and City Attorney.

City Council 9 – 178 2/20/2024
CITY COUNCIL 9 November 21. 2023

12. Award a Purchase Order to Terex Utilities for One Terex HiRanger LT40 Bucket Truck, in an Amount Not to Exceed $246,693 (Specification No. 23166) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Terex Utilities for one Terex HiRanger LT40 Bucket Truck, in the amount of $241,693, plus a contingency amount of $5,000, for a total amount not to exceed $246,693, subject to nonsubstantive changes approved by the City Manager and City Attorney.

13. Award a Purchase Order to National Auto Fleet Group for One Ford Super Duty F550 Truck, in an Amount Not to Exceed $200,647 (Specification No. 23158) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for one Ford Super Duty F550 Truck, in the amount of $180,647, plus a contingency amount of $20,000, for a total amount not to exceed $200,647, subject to nonsubstantive changes approved by the City Manager and City Attorney.

14. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $280,000 to an Existing Construction Contract with Excel Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $2,557,000, for the West Willits Protected Bicycle Lane Project (Project No. 196948 (ATPSB1L5063(195))) (NonGeneral Fund).

Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing prioryear fund balance of $280,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account (AU 058170250001) and appropriate the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account (AU 0581766066220) for FY 20232024 capital operating expenses. (Requires five affirmative votes).

2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $488,200 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $2,557,000, subject to nonsubstantive changes approved by the City Manager.

3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program for $280,000 for construction contingency funds, for the West Willits Protected Bicycle Lane Project (Project No. 196948).

City Council 9 – 179 2/20/2024
CITY COUNCIL 10 November 21. 2023
MINUTES: Councilmember Hernandez spoke in support of the item.

15. Approve Agreement with XV Solutions to Provide SCADA Network Consulting and Support Services in an Amount Not to Exceed $750,000 for Up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with XV Solutions to provide oncall supervisory control and data acquisition network consulting and support services, for a total amount not to exceed $750,000, for a threeyear term beginning November 21, 2023 and expiring November 20, 2026, with provisions for one, twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023200).

16. Approve an Agreement with Little Diversified Architectural Consulting, Inc. for the Design Services for a Park Master Plan and Community Center at Chepa’s Park (Project No. 247533) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a consultant agreement with Little Diversified Architectural Consulting, Inc. to provide a park master plan and design for a new community center in the amount of $441,512, with a contingency of $58,488, for a total amount not to exceed $500,000, for a threeyear term beginning November 21, 2023 and expiring November 20, 2026, with an option for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023201).

MINUTES: Councilmember Hernandez spoke regarding the project and in support of the item.

Councilmember Penaloza thanked Public Works for their hard work and efforts and spoke in support of the project.

Mayor Amezcua requested staff look into the La Chiquita mural.

Acting City Manager Steven Mendoza spoke regarding the artists of the mural.

17. Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants for OnCall Geotechnical Engineering Services dba Ninyo & Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a FiveYear Term (General Fund and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide oncall geotechnical engineering services for a shared aggregate amount not to exceed City Council 9 – 180 2/20/2024
CITY COUNCIL 11 November 21. 2023
$2,000,000, for a threeyear term beginning November 21, 2023 and expiring on November 20, 2026, with the provision for one twoyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023202).

18. Approve Third Amendment with E Source Companies, LLC to Extend the Agreement Term and Increase the Total Agreement Amount by $250,000 for Automated Metering Infrastructure Planning and Implementation Services (NonGeneral Fund) (Project 16 6460)
Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to execute a third amendment to the agreement with E Source Companies, LLC to extend the term to expire November 20, 2024, and increase the total compensation by $250,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023227).

2. Approve an amendment to the FY 202324 Capital Improvement Program to include $250,000 in planning funds for the Automated Metering Infrastructure Project.

19. Approve Agreement with AVEVA Select California for Wonderware Software Support Services and Licensing in an Amount Not to Exceed $291,621.75 for Up to a Three Year Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with AVEVA Select California to provide SCADA software, hardware, and installation services to the City’s water production facilities in an amount of $277,735 with a 5% contingency of $13,886.75, for a total not to exceed $291,621.75, for a threeyear term beginning November 21, 2023 and expiring November 20, 2026, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023203).

20. Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., to Extend the Agreement Term through June 30, 2024 for Water System Modeling Software (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Sedaru for Water System Modeling Software to extend the existing term to expire June 30, 2024, with no supplementary expenses to the previously executed amount, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023204).

21. Amend Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services by an Additional $250,000 for the Remainder of the Agreement Term (NonGeneral Fund)
Department(s): Public Works Agency
City Council 9 – 181 2/20/2024
CITY COUNCIL 12 November 21. 2023
Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with EEC Environmental for Waste Discharge Requirement compliance services to increase the total amount by $250,000 for the remainder of the term, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023205).

22. Approve Agreement with Jacob Green & Associates for Consultant Services Related to City Manager Recruitment (General Fund)
Department(s): City Attorney’s Office, Human Resources
Recommended Action: Approve an agreement with Jacob Green & Associates for organizational and leadership development consulting services, including executive search services for recruitment for a permanent City Manager, for a term beginning November 21, 2023 and ending June 30, 2024 with one optional sixmonth extension, in an amount not to exceed $50,000 (Agreement No. 2023206).

23. Approve Agreement for Legal Counsel Services and Approve a Separate Agreement for Special Services: Training and Consulting Services with Liebert Cassidy Whitmore (LCW); Approve Amendment to Agreement with Richards Watson & Gerson APC for Legal Services; Approve Agreement with Ring Bender for Legal Services; and Approve Agreement with Goldfarb & Lipman LLP for Legal Services (General Fund)
Department(s): City Attorney Office, Human Resources
Recommended Action:

1. Authorize the City Manager to execute an Agreement with LCW to provide special legal counsel services for an amount not to exceed $300,000 for a term beginning November 21, 2023 and ending December 31, 2026 with one optional oneyear extension, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023207).

2. Authorize the City Manager to execute a separate Agreement for Special Services with LCW to provide training and consulting services as a member of the Orange County Employment Relations Committee, renewable annually, in an amount not to exceed $5,000 plus a 5% annual increase, per year, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A2023208 ).

3. Authorize the City Manager to execute a first amendment to an agreement with the law firm of Richards Watson & Gershon APC (RWG) for legal services for municipal advisory and litigation services including, but not limited to, elections work and employment matters, for the period of June 1, 2020 until May 31, 2024, in an amount not to exceed $300,000 for a total amount not to exceed $550,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023209).

4. Authorize the City Manager to execute a legal services agreement with the law firm City Council 9 – 182 2/20/2024
CITY COUNCIL 13 November 21. 2023
of Ring Bender LLP for municipal litigation services, including but not limited to litigation regarding AC 2525 Main v. City of Santa Ana, for the period of November 21, 2023 to June 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023210).

5. Authorize the City Manager to execute a legal services agreement with the law firm of Goldfarb & Lipman LLP for municipal advisory and litigation services, including but not limited to, defending the City in litigation challenging the Rent Stabilization and Just Cause Eviction Ordinance, housing, affordable housing, fair housing, rent stabilization, land use, and real property issues for the period of November 21, 2023 to November 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023211).

24. Award a Purchase Order to Vector Resources, Inc. and approve an agreement with Hewlett Packard Enterprise Company for Aruba wireless communication technology hardware and services in a total not to exceed amount of $555,407 (Specification No. 23145) (NonGeneral Fund) (Revive Santa Ana Program) Department(s): InformationTechnology
Recommended Action:

1. Authorize a onetime purchase and payment of Purchase Order to Vector Resources, Inc. for Aruba wireless communication technology hardware and services in an amount not to exceed $482,962, plus a 15% contingency of $72,445, for a total not to exceed amount of $555,407, subject to nonsubstantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute an agreement with Hewlett Packard Enterprise Company for HPE’s Aruba High Touch Services. Vector Resources, Inc. is an authorized indirect reseller of Hewlett Packard Enterprise Company. Funding for HPE’s Aruba High Touch Services will be issued to Vector Resources, Inc.

There is no fiscal impact directly associated with Hewlett Packard Enterprise Company (Agreement No. A-2023212).

25. Appropriation Adjustment and Agreement Accepting $640,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department
Recommended Action:

1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program, for a oneyear period beginning October 1, 2023 through September 30, 2024, in an amount not to exceed $640,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023213).

City Council 9 – 183 2/20/2024
CITY COUNCIL 14 November 21. 2023

2. Approve an appropriation adjustment accepting $640,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes)

26. Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2023 Edward Byrne Memorial Justice Assistance Grant (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff’s Department accepting the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $110,336, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023214).

2. Approve an appropriation adjustment recognizing $110,336 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.)

27. Approve Agreements with MissionCentered Solutions, Inc. in the Amount of $189,875 and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide Training Services for the Urban Area Security Initiative Grant Program (NonGeneral Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute threeyear agreements, with two oneyear renewal options, with the following two vendors to provide ongoing training deliverables to the Anaheim/Santa Ana Urban Area on an asneeded basis, for the period of November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed $324,475, subject to nonsubstantive changes approved by the City Manager and City Attorney:
• MissionCentered Solutions, Inc. – total amount not to exceed $189,875 (Agreement No. A-2023215)
• Utility Response Training Associates, LLC – total amount not to exceed $134,600(Agreement No. A-2023216)

28. Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (NonGeneral Fund)
Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Area Security Initiative Funding, increasing the subrecipient award from $1,822,800 to $1,927,800.

City Council 9 – 184 2/20/2024
CITY COUNCIL 15 November 21. 2023
RESOLUTION NO. 2023076 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUBRECIPIENT FUNDING AND

APPROPRIATION ADJUSTMENT

2. Approve an Appropriation Adjustment recognizing an additional $105,000 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes).

3. Authorize the City Manager and the Chief of Police to execute the Memorandum of Understanding with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023217).

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32 as part of the Consent Calendar, seconded by Councilmember Hernandez.

The motion carried, 6-0-1, by the following roll call vote:

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

AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE
DISCUSSION.

29. Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 202425 Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Adopt Resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 202425 Call for Projects.

RESOLUTION NO. 2023077 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT

PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR City Council 9 – 185 2/20/2024
CITY COUNCIL 16 November 21. 2023

FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM
RESOLUTION NO. 2023078 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT

PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR

FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION

PROGRAM

2. Direct Staff to incorporate approved Comprehensive Transportation Funding Program projects into the SevenYear Capital Improvement Program for Fiscal Year 202425.

MINUTES: Councilmember Bacerra spoke regarding the two recommended projects, and asked if the City would be applying for any competitive funding related to transit enhancement projects
Public Works Director Nabil Saba spoke regarding transit enhancements – bus stops, bus shelter furniture, two grants for the Cal-Trans Clean California project to improve train station improvements, and stated he continues to look for more funds to enhance transit service in the City.

Councilmember Bacerra requested improvement in transit mobility in the City.

MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 29, seconded by Mayor Amezcua.

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

30. Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal Transportation Improvement Program as required by Funding Agency Department(s): Public Works Agency
Recommended Action:

1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2025 Federal Transportation Improvement Program.

2. Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 20252030 Federal Transportation Improvement Program, and confirm the City’s commitment to implement all projects submitted to the program.

City Council 9 – 186 2/20/2024
CITY COUNCIL 17 November 21. 2023
RESOLUTION NO. 2023079 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2023/242029/30
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S

COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM

31. Density Bonus Agreement No. 202302 to Facilitate the Construction of a Rental Residential Development Consisting of 22 Apartment Units, with Two Units Proposed as Affordable to Very Low Income Households
Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution approving Density Bonus No. 202302 as conditioned.

RESOLUTION NO. 2023080 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 202302 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTYTWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 19805117) (includes determination that no additional environmental review will be required in accordance with the California Environmental Quality Act as a Notice of Exemption, Environmental Review No. 202212 will be filed for this project)

2. Authorize the City Manager to execute a Density Bonus Agreement with P&P Bros Corp., for a 55year term, for a rental residential development consisting of 22 apartment units, with two units proposed as affordable to very low income households at 322 N. Harbor Boulevard, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023218).

32. Resolution Approving Appeal Application Nos. 202302 and 202303 and Overturning the Determination of the Planning Commission, Thereby Denying Site Plan Review (SPR) No. 202301 and Tentative Tract Map (TTM) No. 202303 (County Map No. 19243) to Facilitate the Construction of a MixedUse Development Known as Cabrillo Town Center at 1901 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action:

Adopt a resolution documenting the City Council decision of October 3, 2023, denying SPR No. 202301 and TTM No. 202303 for the Cabrillo Town Center at 1901 E. Fourth Street.

RESOLUTION NO. 2023081 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 202302 AND 202303 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 202301 AND TENTATIVE TRACT MAP (TTM) NO. 202303 (COUNTY MAP NO. 19243) TO City Council 9 – 187 2/20/2024
CITY COUNCIL 18 November 21. 2023
FACILITATE THE CONSTRUCTION OF A MIXEDUSE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 40005102; 40005109; 40005114; AND 40005115) MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32 as part of the Consent Calendar, seconded by Councilmember Hernandez.

The motion carried, 5-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal), MAYOR PRO TEM LOPEZ
(recusal)
NONE
Status: 5 – 0 - 2 – Pass

33.Second OneYear Extension of Site Plan Review No. 201603 and Variance Nos. 201705 and 201706 for The Madison MixedUse Development Project Located at 200 North Cabrillo Park Drive
Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution approving a second oneyear extension of Site Plan Review No. 201603, Variance No. 201705, and Variance No. 201706.

RESOLUTION NO. 2023082 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 201603, VARIANCE NO. 201705, AND VARIANCE NO. 201705, AND VARIANCE NO. 201706 FOR THE MADISON MIXEDUSE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE

2. Determine that in accordance with the California Environmental Quality Act (CEQA), the approval of the time extension is exempt form CEQA per Section 15061(b)(3). **END OF CONSENT CALENDAR**
MINUTES: At 7:09 P.M., the Business Calendar was considered.

34. Appointment of Interim City Manager pursuant to Government Code Section

BUSINESS CALENDAR
City Council 9 – 188 2/20/2024
CITY COUNCIL 19 November 21. 2023
21221(h) (Interim City Manager)(General Fund)
Department(s): City Attorney’s Office
Recommended Action: Adopt Resolution appointing an Interim City Manager effective November 21, 2023 and authorizing the Mayor to execute an employment agreement (Agreement No. A-2023219).

RESOLUTION NO. 2023083 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER ON AN

INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT
MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 34, as amended per section 6 of the agreement, seconded by Councilmember Bacerra.

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
MINUTES: Interim City Manager Tom Hatch spoke regarding his background, experience, knowledge, education, family, future tasks, and Council goals, stated he will support the process of permanent City Manager position, and wished everyone Happy Thanksgiving.

35. Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide that Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council
Department(s): City Manager’s Office
Recommended Action: Approve the first reading of an ordinance amending Section 2325 the Santa Ana Municipal Code to provide that compensation for City Boards and Commissions shall be set by resolution of the City Council.

ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL

CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS

SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL
MINUTES: Councilmember Penaloza asked when the City Council can anticipate to have an item be brought to Council to discuss rates for certain commissions.

City Council 9 – 189 2/20/2024
CITY COUNCIL 20 November 21. 2023
Acting City Manager Steven Mendoza spoke regarding the 2nd reading of the ordinance and stated a resolution would be brought back to the City Council in 30 days after the adoption to further discuss the rates.

MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 35, 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

36. Nominate and Appoint a Representative to Serve on the Orange County Mosquito and Vector Control Board of Trustees to Serve Either a TwoYear or a FourYear Term Department(s): City Clerk Office
Recommended Action: Nominate and appoint a representative to serve on the Orange County Mosquito and Vector Control Board to Serve Either a TwoYear or FourYear Term, Effective January 1, 2024
MINUTES: City Clerk Jennifer L. Hall gave a brief presentation regarding the appointment to serve on the Orange County Mosquito and Vector Control and stated Nelida Mendoza is interested in the position.

MOTION: Councilmember Hernandez moved to appoint Nelida Mendoza to the Orange County Mosquito and Vector Control Board to serve a two-year term, seconded by Councilmember Phan.

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
City Council 9 – 190 2/20/2024
CITY COUNCIL 21 November 21. 2023
**END OF BUSINESS CALENDAR**

PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

MINUTES: At 7:20 P.M., Public Hearings were considered.

37. Appeal No. 202307 Appealing Planning Commission Denial of CUP No. 202318 for Anchor Stone Christian Church to Allow a Proposed Assembly Use at 2938 South Daimler Street
Legal notice published in the Orange County Reporter on November 8, 2023 and notices mailed on November 9, 2023.

Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution denying Appeal Application No. 202307 and upholding the determination of the Planning Commission to deny Conditional Use Permit No. 202318.

RESOLUTION NO. 2023084 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 202307 AND UPHOLDING THE

DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO. 202318 TO ALLOW AN ASSEMBLY USE TO OPERATE AT 2938 SOUTH DAIMLER STREET
MINUTES: Planning Manager Ali Pezeshkpour gave a presentation regarding Anchor Stone Christian Church.

Councilmember Bacerra questioned the application use related to the zoning and spoke regarding the General Plan update and the intention plan for the focus area.

Planning Manager Pezeshkpour spoke regarding General Plan update consistency and the intent of focus area.

Councilmember Bacerra asked if the Planning Department informed the applicant that the general plan does not permit this type of use and the Planning Commission’s decisions.

Planning Manager Pezeshkpour clarified that staff informed the applicant, and explained the process and Planning Commission’s decision.

Councilmember Phan asked for clarification whether the applicant reached out to the City Council 9 – 191 2/20/2024
CITY COUNCIL 22 November 21. 2023
Planning Department prior to the purchase of land, spoke regarding the due diligence of the applicant, and asked when the General Plan was last updated.

Planning Manager Pezeshkpour provided clarification, spoke regarding the General Plan, and the stated the General Plan was last updated in April 2022.

Mayor Amezcua opened the Public Hearing at 7:34 P.M.

1. Nagy Backhoom, Applicant, spoke regarding requirements of a conditional use permit and land use.

2. John G. McClendan, Applicant’s Legal Counsel, spoke regarding land use and civil rights legislation.

3. Chiakang Chris spoke in opposition to the item.

4. Jean Chen spoke in opposition to the item, spoke regarding meeting with the Planning Department related to the purchase of property, and stated the General Plan was never introduced or mentioned.

5. Scott Wang spoke regarding the makeup of the Anchor Stone Christian Church and in opposition to the item.

Rebuttal Comments:

1. Nagy Backhoom, Applicant, requested approval of the appeal.

2. John G. McClendan, Applicant’s Legal Counsel, spoke regarding federal law related to land use.

There being no additional speakers, Mayor Amezcua closed the Public Hearing at 7:58 P.M.

Councilmember Bacerra asked for clarification regarding the difference between assembly and religious facilities, zoning issues, and Religious Land Use and Institutionalized Persons Act (RLUIPA).

Discussion ensued regarding type of use, RLUIPA, requirements related to zoning districts, impacts related to traffic, parking and noise, and the General Plan.

Planning Manager Pezeshkpour provided clarification regarding the permitted type of use and the General Plan.

City Council 9 – 192 2/20/2024
CITY COUNCIL 23 November 21. 2023
MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 37, seconded by Councilmember Phan.

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

38.Public Facilities Naming No. 202301, Abandonment No. 202303, General Plan Amendment No. 202301, and Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue Legal notice published in the OC Reporter on November 10, 2023 and notices mailed on November 9, 2023.

Department(s): Planning and Building Agency
Recommended Action:

1. Affirm the Planning Commission’s adoption of a resolution approving Public Facilities Naming No. 202301 (Gerardo Mouet Park); and

2. Adopt a resolution approving Abandonment No. 202303; and RESOLUTION NO. 2023085 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 202303) (includes determination that the vacation is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment)

3. Adopt a resolution approving General Plan Amendment No. 202301; and RESOLUTION NO. 2023086 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 202301 TO CHANGE THE GENERAL PLAN AMENDMENT LAND USE

DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL City Council 9 – 193 2/20/2024
CITY COUNCIL 24 November 21. 2023
NUMBERS 01125138 AND 01125139 (from Low Density Residential (LR7) to Open Space (OS))

4. Adopt the first reading of an ordinance approving Amendment Application No. 202301; and
ORDINANCE NO. NS-3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH

STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultipleFamily Residence (R3) to Open Space Land (O); read by title only and waive further reading.

5. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087).

Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 202078, will be filed for this project.

MINUTES: Planning Manager Ali Pezeshkpour gave a presentation regarding Standard and McFadden Public Park.

Mayor Amezcua opened the Public Hearing at 8:17 P.M. There being no speakers, Mayor Amezcua closed the Public Hearing at 8:17 P.M.

Councilmember Penaloza expressed excitement for the park, reminded staff regarding residents’ concerns related to safety, spoke in support of the item, and asked if there is potential collaboration with shops across the street to make up for the loss of parking.

Planning Manager Pezeshkpour spoke regarding the parking concern.

Councilmember Hernandez spoke in support of the item.

Mayor Amezcua spoke regarding safety issues, homeless and restroom closures, and expressed concern regarding the security company, additional staff for parks, limited parking, gang activity, and lack of restrooms.

Public Works Director Nabil Saba stated that 44 parking spaces would be taken up, and spoke regarding reclaiming City land reclaiming and the lack of restrooms.

Mayor Pro Tem Lopez spoke in support of the item, requested additional tables and chairs, shade sails, community outreach regarding parking, and a report related to stacked parking.

City Council 9 – 194 2/20/2024
CITY COUNCIL 25 November 21. 2023
Councilmember Vazquez spoke in support of the item and regarding City parks.

Councilmember Penaloza spoke regarding stacked parking and working with the neighborhood and shops to address parking concerns.

Mayor Amezcua thanked staff for their hard work and efforts, expressed concern regarding parking, and requested staff work with residents and conduct a parking study.

Councilmember Phan spoke regarding parking.

Director Saba spoke regarding the construction timeline and groundbreaking and additional notification of parking to residents, and alley parking.

Councilmember Penaloza requested notices be in both English and Spanish.

Mayor Amezcua requested a construction notice.

Director Saba stated he would inform residents of construction and parking.

Mayor Pro Tem Lopez requested additional languages of flyers to notify residents and asked for clarification regarding the alley.

Public Works Director Saba stated the alley is a public alley.

MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 38, seconded by Councilmember Hernandez.

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

CITY MANAGER COMMENTS
MINUTES: Acting City Manager Stecen Mendoza announced the soft opening of the 3rd Winter Village on December 1, 2023 for City employees, and opening on December 2, 2023 for the public, and wished everyone a wonderful holiday.

COUNCIL COMMENTS
City Council 9 – 195 2/20/2024
CITY COUNCIL 26 November 21. 2023
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 Penaloza thanked staff for all their hard work and efforts.

Mayor Pro Tem Lopez spoke regarding the illegal recall and wished everyone a Happy Thanksgiving and holidays.

Councilmember Hernandez thanked all those who participated, spoke regarding Native Americans and their history, Santa Anita Turkey vouchers, and congratulated voters of Ward 3 for keeping Mayor Pro Tem Lopez.

Councilmember Bacerra wished everyone a safe and Happy Thanksgiving, reported his recent travel to San Francisco to attend the Cal Net Leadership Retreat, November 16-17, 2023, and the National API Elected Official Summit, November 18-19, 2023, and expressed concern regarding Mayor Pro Tem Lopez’s social media posts regarding city staff.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 8:49 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 196 2/20/2024
City Council 18 12/5/2023
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana,
California
December 5, 2023
CLOSED SESSION MEETING – 5:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:01 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
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 9 – 197 2/20/2024
City Council 18 12/5/2023

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

Councilmembers Bacerra, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were all present. Councilmember Hernandez arrived 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 Agenda 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 5:02 P.M.

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
• Anthony Gonzalez, et al. v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202201284596

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

Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization:
• Santa Ana Police Officers Association (POA)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

City Council 9 – 198 2/20/2024
City Council 18 12/5/2023

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:36 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez
Mayor Valerie Amezcua
Interim City Manager
City Attorney
City Clerk
Tom Hatch
Sonia R. Carvalho
Jennifer L. 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 Jeffrey Katz
WORDS OF INSPIRATION Police Chaplain Barnett
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Clerk Jennifer L. Hall stated that the Mater Dei High School Varsity Cheerleading Team was unable to attend the City Council Meeting tonight and staff would find another date to recognize their accomplishments.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated a potential settlement was discussed and approved by the City Council, and the numbers can be disclosed when the agreement has been finalized.

City Council 9 – 199 2/20/2024
City Council 18 12/5/2023

CEREMONIALPRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to The Mater Dei High School Varsity Cheerleading Team for Exceptional Athletic Accomplishments MINUTES: Item not presented.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

MINUTES: Mayor Amezcua stated public comments for Agenda Item No. 19 would be heard when the item is discussed.

City Clerk Jennifer L. Hall stated there were no speakers and reported out the summary of email comments received: One (1) comment regarding Agenda Item No. 8 and Three (3) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 through 17 and waive reading of all resolutions and ordinances MINUTES: At 5:41 P.M. the Consent Calendar was considered.

Councilmember Bacerra pulled Agenda Item Nos. 8 and 14 for separate discussion and consideration.

Councilmember Hernandez requested to comment on Agenda Item No. 15.

MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 2 through 17 with the exception of Item Nos. 8 and 14, seconded by Councilmember Hernandez.

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

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

CONSENT CALENDAR
City Council 9 – 200 2/20/2024
City Council 18 12/5/2023

3. Minutes from the Regular Meeting of May 2, 2023, the Special Meeting of May 11, 2023, and the Special Closed Session and Regular Meeting of May 16, 2023 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

4. Authorization to Prepare Documents for Proposed Sanitation Fee Adjustment in Compliance with Proposition 218 Requirements (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize and direct staff to initiate the process for adjusting the Sanitation Fee, as per the Proposition 218 requirements, including, but not limited to, all of the following:
a. Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements at a cost not to exceed $100,000; b. Schedule a public hearing at a future City Council meeting on or after February 6, 2024; and
c. Prepare all other documents to proceed with proposed sanitation fee adjustment.

5. Approve Additional Contingency Funds in the Amount of $3,520,000 for an Existing Construction Contract with ByromDavey, Inc. for the Santa Anita Park Improvements Including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $18,033,011 (Project No. 197527) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action:

1. Approve an amendment to the Project Cost Analysis in the amount of $3,520,000 in additional contingency funds for a total estimated construction delivery cost of $18,033,011, which includes $7,317,701 for the construction contract; $731,770 for contract administration, inspection, and testing; and a $9,983,540 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $3,520,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 197527).

3. Determine that, in accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER202177 was filed for the project.

6. Amend the Agreement with Amtech Elevator Services by Increasing the Total Contract Amount Not to Exceed to $1,674,168 for the Remainder of the Contract Term (Specification No. 20068) (General Fund and NonGeneral Fund) City Council 9 – 201 2/20/2024
City Council 18 12/5/2023
Department(s): Public Works Agency
Recommended Action: Amend the agreement with Amtech Elevator Services to provide elevator maintenance and repair services at various City facilities and increase the total not to exceed amount available under the Agreement by an additional $717,168, for a total not to exceed amount of $1,674,168 over the remaining term of the Agreement, including all extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023220).

7. Amendment to the Fiscal Year 202324 CIP, and Amendment to the Agreement with ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial Park and Aquatics Facility Renovation. (Project No. 221415) (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to recognize $8,398,266 in revenue received in the current year and from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to recognize $41,829 in revenue received from prior years, the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3In Lieu, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $11,298,265 for the Memorial Park and Aquatic Facility Renovation (Project No. 221415) (Non General Fund)

4. Authorize the City Manager to execute the first amendment to the agreement with ELS Architecture and Urban Design to increase the Contract Amount by $1,079,000 for a total amount not to exceed $2,858,170 for the architectural design services for a new Memorial Park and Aquatics Facility Renovation for the remaining term of the agreement, beginning December 5, 2023 through August 14, 2026, including up to two oneyear periods upon a writing executed by the City Manager and City Attorney (Agreement No. A-2023221).

City Council 9 – 202 2/20/2024
City Council 18 12/5/2023

AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION

8. Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for QualityofLife Services, in an Amount Not to Exceed $3,841,845.51, Beginning January 1, 2024 Through December 31, 2024 (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action:

1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc. DBA City Net in an amount not to exceed $3,841,845.51 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for qualityoflife services from January 1, 2024 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023222).

2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available.

MINUTES: Councilmember Bacerra asked for clarification regarding jail release positive exits and services prior to release, and spoke regarding the agreement deliverables. He stated he would not support the contract as is, suggested bringing the service in house and providing a six-month bridge contract with CityNet as a phase out.

MOTION: Councilmember Bacerra moved to approve a six-month contract and bring services in-house.

Motion died due to lack of a second.

Homeless Services Division Manager Kenneth Gominsky provided clarification.

Councilmember Vazquez spoke in support of Councilmember Bacerra’s proposal but suggested a one-year contract and expressed concern regarding the decrease in services.

Homeless Services Division Manager Gominsky spoke regarding the short fall of services.

Councilmember Hernandez expressed support for in house services.

MOTION: Councilmember Hernandez move to approve the one-year contract with CityNet but create a multi-prong approach with multiple agencies.

Motion died due to lack of a second.

Councilmember Phan spoke regarding the proposed agreement, expressed support for Councilmember Bacerra’s proposal and requested the City Council approve the proposed contract while staff simultaneously conducts a feasibility study of bringing the services in house.

City Council 9 – 203 2/20/2024
City Council 18 12/5/2023
Homeless Services Division Manager Gominsky spoke regarding best practices, costs of services to CityNet, and a six-month to a year timeframe to conduct an analysis.

Councilmember Bacerra spoke regarding the one year contract and cost savings, and requested the item be brought back to Council in two weeks for the December 19, 2023 City Council meeting and have staff work with CityNet.

Interim City Manager Tom Hatch spoke regarding the proposed contract and stated he would have discussions with CityNet regarding Council’s direction.

Mayor Pro Tem Lopez spoke in support of Councilmember Phan’s motion and asked for clarification regarding deliverables.

Homeless Services Division Manager Gominsky provided clarification.

MOTION: Councilmember Phan moved to approve the recommended action for Item No.8, as amended to have staff conduct a feasibility study on bringing the services in house, seconded by Mayor Pro Tem Lopez.

Mayor Amezcua spoke regarding funding, associated costs, CityNet contract, and feasibility of bringing the services in house. She stated the City did not receive funding from Cal Optima for street medicine.

SUBSTITUTE MOTION: Councilmember Bacerra moved to continue Agenda Item No. 8 to the December 19, 2023 City Council meeting and have staff conduct outreach with CityNet, seconded by Councilmember Vazquez.

The substitute motion carried, 5-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 5 – 2 – Pass; Item No. 8 continued to the December 19, 2023 meeting

9. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency
Department(s): Community Development Agency
Recommended Action: Authorize the Interim City Manager to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Community Development Agency and Finance & Management Services records in an amount not to exceed $142,700, for a threeyear term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to City Council 9 – 204 2/20/2024
City Council 18 12/5/2023
nonsubstantive changes approved by the City Manager and City Attorney (Contingent upon approval of Housing Authority Item # 3) (Agreement No. A-2023223).

10. Approve a First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Confidential Association of Santa Ana Department(s): Human Resources
Recommended Action: Authorize the Interim City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Confidential Association of Santa Ana (CASA) for the period of July 1, 2022 through June 30, 2025, modifying and delineating specific articles of the MOU subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. A-2023224).

11. A Resolution Authorizing Application to the California State Department of Housing and Community Development for the Prohousing Designation Program Department(s): Planning and Building Agency
Recommended Action: Adopt a Resolution authorizing the application to the California State Department of Housing and Community Development Prohousing Designation Program.

RESOLUTION NO. 2023087 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN

THE PROHOUSING DESIGNATION PROGRAM

12. Second OneYear Extension of Site Plan Review No. 202003 and Variance No. 202006 for the 4th and Mortimer MixedUse Development Project Located at 409 and 509 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution approving a oneyear extension of Site Plan Review No. 202003 and Variance No. 202006 to December 15, 2024.

RESOLUTION NO. 2023088 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND ONEYEAR EXTENSION OF SITE PLAN REVIEW 202003 AND VARIANCE NO. 202006 FOR THE 4TH AND MORTIMER MIXEDUSE DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST

FOURTH STREET

2. Determine that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b) (3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

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City Council 18 12/5/2023

13. Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.

RESOLUTION NO. 2023089 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2 RELOCATION

AND EMERGENCY BOOSTER STATION PROJECT

AGENDA ITEM PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION

14. Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects Department(s): Public Works Agency
Recommended Action:

1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project (Agreement No. A-2023-225).

RESOLUTION NO. 2023090 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE

PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL

TRANSPORTATION CENTER PAINTING AND WROUGHT IRON FENCING PROJECT

2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project. (Agreement No. A-2023-226)
RESOLUTION NO. 2023091 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE

PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA REGIONAL

TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN RENOVATION City Council 9 – 206 2/20/2024
City Council 18 12/5/2023

PROJECT
MINUTES: Councilmember Hernandez left the dais at 6:15 P.M.

Councilmember Bacerra congratulated the Public Works Department for the grant received and spoke regarding enhancements and homeless being dropped at the train stations.

Mayor Amezcua requested the City Manager get back to Council regarding the homeless at the train stations.

Mayor Pro Tem Lopez congratulated staff for the grant received and all their hard work and efforts, and spoke in support of the item.

MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 14, seconded by Mayor Pro Tem Lopez.

The motion carried, 6-0-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER HERNANDEZ
Status: 6 – 0 – 0 – 1 – Pass

15. Resolution Declaring the Results of the November 14, 2023 Special Municipal Recall Election
Department(s): City Clerk’s Office
Recommended Action: Adopt a Resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.

RESOLUTION NO. 2023092 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT,

AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW

16.Second Reading of Ordinance Amending Section 2325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.

Published in the Orange County Reporter on November 27, 2023.

Department(s): City Manager’s Office
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City Council 18 12/5/2023
Recommended Action:

1. Adopt an ordinance amending Section 2325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.

ORDINANCE NO. NS3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2325 OF THE SANTA ANA MUNICIPAL

CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND

COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL

2. Adopt a resolution amending Resolution No. 2019034 and setting the compensation for all City boards and commissions.

RESOLUTION NO. 2023093 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019034 AND SETTING

COMPENSATION FOR ALL CITY BOARDS AND COMMISSIONS

17. Second Reading of Ordinance Approving Amendment Application No. 202301 to Change the Zoning District Designation of the Public Park Located at 1117 S.

Standard Avenue from MultipleFamily Residence (R3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.

Published in the Orange County Reporter on November 27, 2023.

Department(s): Planning and Building Agency
Recommended Action:

1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 202301 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202301 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH

STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 01125117, 01125118, 01125119, 01125120, 01125138 AND 01125139 (from MultiFamily Residence (R3) to Open Space Land (O)); read by title only and waive further reading.

2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087).

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City Council 18 12/5/2023
**END OF CONSENT CALENDAR**
MINUTES: At 6:19 P.M., Councilmember Hernandez returned to the dais and the Business Calendar was considered.

18. Fee Deferral Agreement for the Central Pointe MixedUse Development Located at 1801 E. Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:

1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street, OR

2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixeduse development located at 1801 E. Fourth Street (Agreement No. 2023XXX).

MINUTES: Planning and Building Director Minh Thai gave a presentation regarding the Central Pointe Fee Deferral Agreement.

The following speakers addressed the City Council inperson:

1. John Santry spoke regarding the Central Pointe MixedUse Development fee deferral, and suggested an option where the developer would pay the first phase of the project and defer the second phase several months.

2. Jason Silver requested additional time for the deferral.

Mayor Amezcua stated she did not agree to any agreement for the deferral.

Executive Director Thai provided clarification.

MOTION: Councilmember Hernandez moved to approve the recommended action option no. 1 for Agenda Item No. 18, seconded by Mayor Amezcua.

MINUTES: Mayor Pro Tem Lopez spoke regarding the split fee suggested by the developer and requested additional options suggested by the applicant.

Mayor Amezcua expressed concern regarding the split fee.

BUSINESS CALENDAR
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City Council 18 12/5/2023
Interim City Manager Tom Hatch spoke regarding staff’s recommendation.

Councilmember Vazquez asked for clarification regarding split fees.

Executive Director Thai provided clarification and expressed concern regarding the proposed timeline for split payments by the applicant.

The motion carried, 4-3, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ,

COUNCILMEMBER PENALOZA, MAYOR AMEZCUA

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 4 – 3 – Pass
**END OF BUSINESS CALENDAR**
MINUTES: Mayor Amezcua recessed the City Council Meeting to consider the Housing Authority Meeting at 6:34 P.M. and reconvened the City Council Meeting to order at 6:36 P.M.

COUNCIL COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD PRIOR TO

COUNCIL REQUESTED ITEMS

MINUTES: Councilmember Bacerra thanked Interim City Manager Tom Hatch for attending his monthly community office hours and all the residents, businesses, and members of the City Council who attended the Board of Supervisors meeting on Tuesday to speak against the extension of the contract with MHA, announced the opening of the Winter Village, and requested all to shop in Santa Ana.

Councilmember Bacerra left the meeting at 6:39 P.M.

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City Council 18 12/5/2023

COUNCILMEMBER REQUESTED ITEMS

19. Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza – Councilmembers Vazquez and Hernandez
MINUTES: Mayor Amezcua stated public comments would be limited to two minutes per speakers for a two hour period for Agenda Item No. 19.

The following speakers addressed the City Council inperson:

1. Rima Nashashihi spoke in support of the item.

2. Rabbi Shoron Sobel spoke in opposition to the item.

3. Dorian Romero spoke in support of the item.

4. Rehan Siddiqui spoke in support of the item.

5. Dr. Samar Aziz spoke in support of the item.

6. Jenna Alba spoke in support of the item.

7. Ari Gutierrez spoke in support of the item.

8. Danielle Jagiello spoke in support of the item.

9. Natassia Newton spoke in support of the item.

10.Magda Newton spoke in support of the item.

11.Nadeah spoke in support of the item.

12.Henny Abraham expressed concern regarding the resolution and requested the City Council not divide the community.

13.Yesenia Martinez spoke in support of the item.

14.Haz Al spoke in support of the item.

15.Mona Yashruti Schnall spoke in support of the item.

16.Mona Bennani spoke in support of the item.

17.Dr. Samar Azani spoke in support of the item.

18.Sandra DeAnda spoke in support of the item.

19.Fernando Deveras spoke in support of the item.

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City Council 18 12/5/2023

20.Mimi Jublan spoke regarding her personal story in her home country.

21.Dr. Maha Afra spoke in support of the item.

22.Maria Sandoval spoke in support of the item.

23.Baker T spoke in support of the item.

24.Omar Zegar spoke in support of the item.

25.Michella Harb spoke in support of the item.

26.Joey D. spoke in support of the item.

27.Jessica G. spoke in support of the item.

28.Sahar Aziz spoke in support of the item.

29.Zayn S. spoke in support of the item.

30.Ayah David spoke in support of the item.

31.Lulu Hammad spoke in support of the item.

32.Indigo Vu spoke in support of the item.

33.Sofia spoke in support of the item.

34.Mohammad spoke in support of the item.

35.Basha Jamil spoke in support of the item.

36.Mohammad spoke in support of the item.

37.Ella Murphy spoke in opposition to the item.

Mayor Amezcua recessed the City Council Meeting at 7:50 P.M. and reconvened the City Council meeting at 8:00 P.M.

38.Teri Saydak spoke in support of the item.

39.Omar Kurdi spoke in support of the item.

40.Mohamad Abdelfattah spoke in support of the item.

41.Rabbi Gersh Zylberman spoke in opposition to the item.

42.Jean Paul Escobar spoke in support of the item.

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City Council 18 12/5/2023

43.Perla Dionick spoke regarding violence and spoke in support of the item.

44.Gabriela Villa Fuerte spoke in support of the item.

45.Tammy Gannon spoke in opposition to the item.

46.Nathan Tafi spoke in opposition to the item.

47.Mali spoke in opposition to the item.

48.Margaret Villa spoke in support of the item.

49.Fattah Judeh spoke in support of the item.

50.Jenny Lynn spoke in support of the item.

51.Nadal spoke in support of the item.

52.Jeffrey Katz spoke in opposition to the item.

53.Mark Rothenberg spoke in opposition to the item.

54.Mark Thompson expressed concern regarding the proposed resolution.

55.Amal Alkalla spoke in support of the item.

56.Mansour Mansour spoke in support of the item.

57.Yaser Yusef spoke in support of the item.

58.Vincent Nakhoul spoke in support of the item.

59.Sulaiman Arain spoke in support of the item.

Mayor Amezcua closed the public comment period at 8:53 P.M.

City Clerk Jennifer L. Hall reported out the summary of email comments received: Seven hundred sixty three (763) comments regarding Agenda Item No. 19.

MINUTES: Councilmember Hernandez thanked all those who came out to participate, spoke in solidarity with the Palestinian people and any group of people being subjected to war and violence, and spoke regarding the resolution and requested the resolution be brought to the City Council to vote on.

Councilmember Vazquez spoke regarding the war and in support of the resolution.

Councilmember Phan thanked all those who participated and spoke regarding the war and the proposed resolution.

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City Council 18 12/5/2023
Mayor Amezcua spoke regarding her role as the Mayor and the ongoing war, and stated the City Council does not have power over international matters and expressed she is not in support of the proposed resolution.

Mayor Pro Tem Lopez spoke regarding grief, loss, and violence related to the war.

Councilmember Phan read a proposed resolution drafted by herself and Mayor Pro Tem Lopez.

MOTION: Councilmember Phan moved to add the proposed resolution as an Urgency Item to the agenda, seconded by Mayor Pro Tem Lopez.

Councilmember Vazquez spoke regarding the draft resolution proposed by Councilmember Phan and Mayor Pro Tem Lopez and requested cease fire language be added to the resolution as a whereas.

Councilmember Phan stated she wouldl not support any other resolution than the one she and Mayor Pro Tem Lopez drafted.

City Attorney Sonia Carvalho stated that a unanimous vote was needed to add the urgency item to the agenda per the Brown Act.

The motion failed, 4-1-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA
Status: 4 – 1 – 0 - 2 – FAIL
Councilmember Vazquez requested a resolution be brought back to the City Council on December 19, 2023 with the proposed resolution draft by Councilmember Phan and Mayor Pro Tem Lopez and added language of ceasefire.

Councilmember Phan stated she does not want staff drafting the resolution and requested the proposed resolution read into the record be brought back to the City Council for a vote at the next City Council meeting.

Mayor Pro Tem Lopez echoed Councilmember Phan’s comments.

CITY MANAGER COMMENTS
MINUTES: None.

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City Council 18 12/5/2023

MINUTES: None.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:29 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 215 2/20/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Housing Division Quarterly Report

AGENDA TITLE
Quarterly Report for Housing Division Projects and Activities for the Period of October 1, 2023 to December 31, 2023

RECOMMENDED ACTION
Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 1, 2023 to December 31, 2023
GOVERNMENT CODE §84308 APPLIES: No
NoDISCUSSION
This report for the quarter ending on December 31, 2023, provides information for all of the affordable housing projects and activities for the City’s Housing Division. The report is divided into seven sections: Loan Activity, Loan Portfolio Management and Monitoring, Density Bonus Housing Agreements, Development Impact Fee Deferral Agreements, Rent Stabilization Program, Affordable Housing Opportunity and Creation Ordinance, and Development Projects.

Loan Activity
Applications
The Housing Division offers several different programs, including down payment assistance for first-time homebuyers and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received, and approved by type for the quarter and for the total fiscal year:

Table 1: Applications Sent Out, Received, and Approved
Inquiries Applications
Sent Out
Applications
Received
Applications
Approved Program
Q2 Total
FY Q2 Total FY Q2 Total FY Q2 Total FY
Residential Rehabilitation
Grant Program 6 21 6 21 0 15 0 10
Down Payment
Assistance Program 36 103 36 97 4 4 4 7
City Council 10 – 1 2/20/2024
Housing Division Quarterly Report
February 20, 2024

Page 2 ends

Santa Ana City CouncilFebruary 20, 2024

Santa Ana City Council
February 20, 2024